Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-3 - Applications and Licensing Requirements - Generally › Section 538-X-3-.06 - Amended Applications

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Not
			 more than once during an offering period, absent extenuating circumstances, an
			 applicant having previously filed an application may, acting on its own and not
			 as the result of incompleteness or other concerns relating to the Application
			 as pointed out by the Commission (i.e., a notice of deficiency and proposed
			 corrections filed by the Applicant), file an amended application, paying an
			 amended application fee equal to one- half of the applicable application fee
			 paid at the time of the Applicant's original filing.
(2) An amended application may be filed to
			 correct any errors identified by the applicant, to more accurately reflect
			 facts relating to the Applicant's proposed business, to generally revise and
			 improve the quality of the Applicant's previously filed application to the
			 Commission, or for any other valid purpose.
(3) An amended application may not attempt to
			 alter the category of business for which the applicant seeks to be
			 licensed.
(4) Changes to
			 information contained on the summary sheet are not considered an amendment to
			 the application, but such changes can (and should) be made at any time during
			 the application process and as soon as possible once the information contained
			 on the summary sheet is no longer correct.
(5) The filing, or not, of an Amended
			 Application shall have no bearing on whether an application may receive a
			 notice of deficiency and warrant proposed corrections, nor whether a deficient
			 application as to which corrections have been proposed, may also be
			 amended.
(6) Filing an amended
			 application replaces all information provided in the original application
			 filing, and the Commission or its personnel shall not consider any information
			 contained in the original filing upon receipt of an amended application or the
			 acceptance of an extenuating-circumstances amended application. However, filing
			 an amended application does not preclude an applicant from responding to a
			 notice of deficiency provided by the Commission and proposing corrections for
			 approval by the Commission.
(7) The
			 form of the Amended Application, whether filed pursuant to paragraph 1 or 10 of
			 this Rule, must follow the form for filing an original application set forth in
			 this Chapter. An amended application requires a full refiling of all required
			 parts of the original application (whether or not modified) and may not
			 incorporate by reference or adopt any portion of the original filing. In
			 addition to providing all information and exhibits as required in an original
			 application, the Applicant filing an amended application or proposed amended
			 application shall include as an exhibit a redline version of the original
			 application, showing what changes were made and an explanation of the reasons
			 the change was necessary.
(8) An
			 applicant who has filed an original application may file an amended application
			 only once during the window of time for filing amended applications. Except as
			 provided in paragraph 11 of this Rule, an amended application will not be
			 accepted more than once from the same applicant, and an amended application may
			 not be accepted in any event outside the window for filing amended
			 Applications.
(9) The window for
			 filing an Amended Application shall close on the date the window for filing
			 original applications closes. For the initial offering, the window for filing
			 an amended application shall open on November 1, 2022, at 10:00 a.m., CDT, or
			 eight days from the date application forms are issued, whichever is later; the
			 window for filing Amended Applications shall close at 4:00 p.m., CST, on
			 December 30, 2022, or at the time the window for filing initial applications
			 closes, if that date is later than December 30, 2022.
(10) In the event of extenuating
			 circumstances, an Applicant may seek permission to extend the time for filing
			 an amendment to its application by means of a written petition to the
			 Commission. The petition for permission to file an amended application based on
			 extenuating circumstances must show in detail the changes being requested and
			 the alleged extenuating circumstances that have prevented the Applicant from
			 including the information in the original application or in a timely amendment
			 thereto. At the time of filing the petition, the Applicant must pay a
			 nonrefundable amended application fee equal to the Application fee paid at the
			 time of the Applicant's original application. The burden is upon the Applicant
			 to demonstrate that the application should be allowed to be amended.
(11) Notwithstanding the provisions of
			 paragraph 8 of this Rule, permission to file an amended application under
			 extenuating circumstances will not be withheld based on the Applicant's already
			 having filed an amended application. However, permission to file a proposed
			 amendment under this paragraph will not be granted more than once for the same
			 Applicant, and an amended application based on extenuating circumstances will
			 not be considered if permission is not requested on a timely basis or, if
			 permission is granted, the amended application proposed under this paragraph is
			 not filed on or before the date specified in the Application Form. As to the
			 Initial Offering, the date for seeking permission to file an amended
			 application under extenuating circumstances is the later of March 3, 2023, at
			 4:00 p.m. CST, or at 4:00 p.m., 63 days from the deadline for filing an
			 original application. The date for filing a proposed amended application
			 requested under this paragraph shall be no more than 21 days from the deadline
			 for seeking permission to file an amended application under extenuating
			 circumstances; as to the initial offering, that date is the later of 4:00 p.m.
			 CDT, March 24, 2023, or at 4:00 p.m. 21 days from the deadline for seeking
			 permission to file an amended application under extenuating
			 circumstances.
(12) The
			 Commission's decision to grant or deny a petition to file an amended
			 application under paragraph 10, and the Commission's acceptance or not of the
			 Applicant's proposed amended application, shall be made at the next meeting of
			 the Commission not less than 15 days from the deadline for filing the proposed
			 amended application under paragraph 10. If the petition is denied or the
			 Applicant fails to amend its application after filing a petition under
			 paragraph 10, the Commission shall consider the Applicant's original
			 application (as amended, if applicable). For the initial offering, the decision
			 to grant or deny a petition to file an amended application under extenuating
			 circumstances shall be made at the meeting of the Commission on April 13, 2023,
			 or at the next Commission meeting not less than 15 days after the deadline for
			 filing the proposed amended application under paragraph 10, whichever is later.
			 Notice of the decision shall issue to the Applicant no later than 4:00 p.m.
			 Central Time the following business day.
(13) Notwithstanding anything herein to the
			 contrary, the "filing" of an amended application as described in these Rules
			 shall not mean that the application, as amended is "submitted" pursuant to
			 §
								20-2A-56(d),
Code of Ala. 1975,
(as amended); as provided in Rule
			 538-X-3-.07, an application, including an amended application, is "submitted"
			 such that the 60 days for determining whether to award a license begins to run
			 only when the Commission accepts and approves all applications for submission
			 (along with any original applications, or applications filed in response to a
			 Notice of Deficiency with proposed corrections or extraordinary circumstances
			 corrections), filed by other Applicants of a particular category in the same
			 offering.
(14) The Applicant's
			 failure to timely and properly file an amendment filed based on a request for
			 an extension of time due to extenuating circumstances, and the Commission's
			 rejection and refusal to consider applications as to which the proposed
			 amendment were not filed, untimely filed, improperly filled out, or improperly
			 formatted, shall not constitute a breach of due process nor permit the
			 Applicant a right of appeal under the Act, this Chapter or any provision of the
			 AAPA.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.