Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) "Amended
			 Application." An Applicant's filing, after an original application, by which
			 the Applicant may correct any errors identified by the Applicant, to more
			 accurately reflect facts relating to the proposed business, to generally revise
			 and improve the quality of its previously filed application to the Commission,
			 or for any other valid purpose. An Amended Application may be filed at any time
			 during the window for filing an original application. After the window closes
			 for filing an original application, an Amended Application may be filed only
			 upon a showing of extenuating circumstances.
(2) "Applicant Questions Portal." A platform
			 on the AMCC website designed to allow Applicants, Licensees, and others at the
			 Commission's discretion to ask questions, make requests or share information
			 with the Commission, particularly during the Application Process.
(3) "Application Process." The time from the
			 date of the Offering Announcement to the Commission's issuance of all licenses
			 in the same offering. Notwithstanding the foregoing, for the initial offering
			 period, the Application Process shall begin on September 1, 2022.
(4) "Begin Applying for a License." The
			 Applicant's submission of a request for application to the Commission. As to
			 the initial offering, the window to submit such a request opens on September 1,
			 2022.
(5) "Commencement of
			 Operations." The date on which the Applicant expects to begin doing business as
			 a licensee in the cannabis or medical cannabis industry, assuming the Applicant
			 is ultimately issued a license.
(6)
			 "Contact Person." A knowledgeable individual designated by the Applicant to be
			 the liaison between the Applicant and the Commission during the application
			 process.
(7) "Correction." or
			 "Deemed Corrected." The Commission's act of accepting a proposed change offered
			 by an Applicant in response to a deficiency identified by the Commission. The
			 application is "deemed corrected" when the proposed change is approved by the
			 Commission.
(8) "Deficiency." An
			 error in an application identified by the Commission for which a Notice of
			 Deficiency is communicated in writing to the Applicant. As used herein, a
			 deficiency shall include but is not limited to: corrupted or illegible file
			 materials, incomplete applications (i.e., missing required documentation),
			 improperly formatted or labeled materials, and typographical or formatting
			 errors preventing reasonable understanding of one or more of the Applicant's
			 statements.
(9) "Extenuating
			 Circumstances." Reasons offered by the Applicant for needing to amend its
			 application after the window for filing original Applications has closed, to be
			 explained by the Applicant in a Petition to Amend Application Based on
			 Extenuating Circumstances. An Amended Application sought in connection with
			 such a Petition, which may be approved, or not, by the Commission, may be
			 referred to as an "Extenuating Circumstances Amended Application."
(10) "Extraordinary Circumstances." Reasons
			 offered by the Applicant for needing additional time to file proposed
			 corrections in response to a Notice of Deficiency issued by the Commission, to
			 be explained by the Applicant in a Petition to Extend Time for Filing Proposed
			 Corrections Due to Extraordinary Circumstances. An Applicant's Proposed
			 Corrections in connection with such a Petition, which may be approved, or not,
			 by the Commission, may be referred to as an "Extraordinary Circumstances
			 Application."
(11) "License
			 Awarded." The Commission's decision to grant a license to a particular
			 Applicant, after which the Applicant has an obligation to pay the license
			 fee.
(12) "License Issued." The
			 Commission's delivery of a license to a particular Applicant, after the license
			 fee has been paid and all obstacles to the Applicant's assuming the role of a
			 Licensee have been removed. An Applicant becomes a Licensee upon receipt of the
			 Commission's issuance of the license.
(13) "Offering," The licenses at stake, as to
			 which the Commission may consider awarding and issuing, during a particular
			 application process. For purposes of this Chapter, the "Initial Offering" is
			 the licenses at stake during the first application process, which begins with
			 the Applicants' Request for Application, the window for which opens September
			 1, 2022. For purposes of this Chapter, "Subsequent Offerings" shall refer to
			 the licenses that are at stake during future application processes, after the
			 initial offering.
(14) "Offering
			 Announcement." The Commission's public announcement of an offering, to occur
			 prior to (normally 15-45 days before) the opening of the window during which
			 Requests for Application may be submitted.
(15) "Responsible Person." A person other
			 than the contact person who holds substantial ownership or is employed by
			 Applicant and has authority to speak and act on behalf of the
			 Applicant.
(16) "Submitted" or
			 "Deemed Submitted." With respect to applications filed by Applicants pursuant
			 to an offering, the time when all proposed corrections have been accepted and
			 approved by a vote of the Commission and all properly filed applications (both
			 original and amended) have been formally accepted and approved by a vote of the
			 Commission, thereby opening the 60-daywindow in which the Commission must
			 decide which Applicants shall be awarded licenses.
(17) "Sufficient Capital." Unless otherwise
			 ordered by the Commission, the total of the Applicant's or Licensee's annual
			 budgets or projected annual budgets during the first three full years after the
			 license is issued to the Applicant.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.