Ohio Administrative Code › Title 3796:4 - Testing Laboratories › Chapter 3796:4-1 - Generally › Section 3796:4-1-03 - Testing laboratory application review

Current through all regulations passed and filed through July 1, 2024
(A)
								The department,
			 an independent contractor selected by the department, or a combination of the
			 two shall review the submitted applications as described in this chapter and
			 the application instructions. In order to receive consideration under paragraph
			 (B) of this rule, an applicant shall:
(1)
									Demonstrate
			 sufficient liquid capital pursuant to rule
			 3796:4-1-02
			 of the Administrative Code and an ability to meet the financial responsibility
			 requirements under rule
			 3796:4-1-05
			 of the Administrative Code;
(2)
									Certify in
			 writing at the time of application that an owner or prospective owner, officer
			 or prospective officer, board member or prospective board member, administrator
			 or prospective administrator, employee or prospective employee, agent or other
			 person has not been:
(a)
										Convicted of a disqualifying offense, as defined in
			 rule
			 3796:1-1-01 of the
			 Administrative Code; or
(b)
										Issued a certificate to recommend or applied for
			 certification under section
			 4731.30 of the Revised
			 Code;
(3)
									Verify that the proposed facility is not located within
			 five hundred feet from a prohibited facility, which shall be measured in
			 accordance with rule
			 3796:5-5-01
			 of the Administrative Code;
(4)
									Certify that the
			 local jurisdiction where the facility is proposed has not passed a moratorium
			 or taken other action that would prohibit the applicant from operating as a
			 medical marijuana testing laboratory;
(5)
									Certify that an
			 owner or prospective owner, officer or prospective officer, board member or
			 prospective board member, administrator or prospective administrator, employee
			 or prospective employee, agent, or other person who may significantly influence
			 or control the activities of the testing laboratory does not have a direct or
			 indirect financial interest in, or serve as an owner, officer, board member,
			 administrator, employee, agent, or other person who may significantly influence
			 or control the activities of any of the following:
(a)
										 A cultivator,
			 processor, or dispensary licensed under Chapter 3796. of the Revised
			 Code;
(b)
										An applicant for a cultivator, processor, or dispensary
			 license;
(6)
									Provide documentation sufficient to establish that the
			 applicant is in compliance with the applicable tax laws of this state and any
			 jurisdiction where the applicant operates and conducts
			 business;
(7)
									Submit an application with the applicable fee under
			 rule
			 3796:5-1-01 of the
			 Administrative Code during the established application submission period
			 established under paragraph (A) of rule
			 3796:4-1-02
			 of the Administrative Code. The application shall be submitted in accordance
			 with the application instructions and forms issued by the department. The
			 department may remove an application from consideration for any of the
			 following:
(a)
										Failure or refusal to submit information required under rule
			 3796:4-1-02
			 of the Administrative Code or requested by the department during the
			 application submission or review process;
(b)
										Inclusion of
			 information in the application that misleads the department, misrepresents a
			 material fact, or fails to disclose a material fact to the
			 department;
(c)
										Submission of an application that is in violation of
			 the application instructions issued by the department, or includes forms issued
			 by the department that have been altered.