Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.10 - Processing And Evaluation Of Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Review. The Commission, one or more
			 independent consultants selected by the Commission, or a combination of the
			 two, shall review submitted applications (either original, amended or as
			 corrected) as described in this Chapter and the instructions accompanying the
			 application form. At least a portion of the review shall be conducted under
			 "blind" conditions, where the reviewers scoring, averaging, or ranking the
			 applications are not made aware of the identity of the applicant or any of the
			 individuals or other entities associated therewith. Any independent consultants
			 selected by the Commission will provide recommendations for the Commission to
			 consider, but the Commission shall not be bound by the recommendation and the
			 decision as to final approval or rejection of licensees shall remain the
			 province of the Commission at all times. Review and evaluation of applications
			 as provided in this Rule may occur at any time during the offering period, from
			 the date of filing requests for application through the date all licenses in
			 the offering have been issued.
(2)
			 Scoring, Averaging and Ranking. Applicants shall be scored, averaged, and
			 ranked using an impartial numerical process in accordance with the requirements
			 of the Act and the Criteria for Awarding Licenses set forth in r.
			 538-X-3-.ll.
(3) Communication
			 during the application process. The Commission, or as applicable, the
			 Department, may engage in communications with an Applicant or others at any
			 time to gather information that may be useful in determining the applicant's
			 suitability as a licensee in a particular category. Applicants and their
			 representatives shall not initiate communications with the Commission or its
			 representatives except as otherwise provided under these Rules.
(4) Public Records and Applicants'
			 Confidential or Proprietary Information. In general, information contained in
			 applications filed by Applicants are public records. Applicants may, through a
			 process to be outlined on the AMCC website at or before the time for filing
			 applications, redact portions of the Application to protect from public view in
			 order to protect confidential or proprietary information. Failure to include a
			 redacted version of the application at the time of filing will result in the
			 entire application being made public. The Commission may, by order or rule,
			 limit the scope of any redactions submitted by an Applicant.
(5) Investigation of Applicant and Owners;
			 Criminal Background Checks. As part of the selection process, the Commission
			 and its representatives shall investigate the Applicant and its owners, either
			 directly or through a third party with expertise in performing such
			 investigations and/or conducting background checks.
(6) Pre-licensure Inspections of Applicants'
			 Facilities. Prior to issuing a license, the Commission may, in its discretion,
			 either directly or through one or more independent consultants selected by the
			 Commission, or both, conduct a Pre-Licensure Inspection to verify the
			 information received in the Application and to provide further insights to
			 assist in the license determination process. The Commission's decision to
			 conduct a Pre- Licensure Inspection, or not, should not be interpreted as an
			 indication that the Commission ultimately will or will not issue a license to
			 the Applicant.
Author:
William H. Webster; Mark D.
				  Wilkerson
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as amended.