Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 10 - Receivership › Section 442:10-10-1 - Certificate of Authority

Current through Vol. 41, No. 20, July 1, 2024
(a) In the event
				that a licensed dispensary, grower, or processor is foreclosed, is the subject
				of an order appointing a receiver, becomes insolvent or bankrupt, or otherwise
				ceases operations, a temporary Certificate of Authority may be issued to a
				secured party, court-appointed receiver, trustee, court-appointed personal
				representative, or other individual determined by the Authority to have legal
				authority over the operation and/or disposition of the assets of the licensee.
				The temporary Certificate of Authority shall authorize the holder to continue
				operation, without obtaining a separate license, at a licensed dispensary,
				grower, or processor for a reasonable period of time for the orderly
				disposition of the business.
(b) A
				secured party, court-appointed receiver, trustee, personal representative, or
				other person requesting a Certificate of Authority must meet the requirements
				set forth in OAC
				442:10-5-3 and OAC
				442:10-5-3.2. A party that is
				issued a Certificate of Authority is subject to the same restrictions and
				obligations as any commercial licensee.
(c) A person requesting a temporary
				Certificate of Authority shall submit the form documentation provided by the
				Authority in a manner prescribed by the Authority.
(d) There shall be no additional fee for a
				Certificate of Authority to operate a grower, processor, or
				dispensary.
(e) A request for
				Certificate of Authority shall include the following documentation:
(1) Documents establishing proof of identity
				as established in OAC
				442:10-1-7(b)
				(relating to proof of identity);
(2) If applicable, a list of all owners and
				principal officers of the applicant and supporting documentation, including,
				but not limited to: certificate of incorporation, bylaws, articles of
				organization, operating agreements, certificate of limited partnership,
				resolution of a board of directors, or other similar documents;
(3) Documents establishing the applicant, the
				members, managers, and board members, if applicable, and seventy-five percent
				(75%) of the ownership interests are Oklahoma residents as established in 63
				O.S. § 420 et seq., and OAC
				442:10-1-6 (relating to proof of
				residency;
(4) A criminal
				background check conducted by the Oklahoma State Bureau of Investigation
				establishing that the applicant does not have a disqualifying criminal
				conviction.
(5) A receiver,
				personal representative, or trustee must provide the Authority with the
				following information:
(A) Official
				documentation proving that the person is the legal trustee, receiver, or
				personal representative for the business, or otherwise has legal authority over
				the operation and/or disposition of assets of the licensee, such as a court
				order, letters of administration, or other official documentation the Authority
				deems sufficient.
(B) Any further
				documentation the Authority determines is necessary to ensure the secured party
				is qualified under Oklahoma law and this Chapter.
(6) A secured party must provide the
				Authority with the following information and documents:
(A) Proof of a security interest in the
				licensed business;
(B) Proof of the
				licensee's default on the secured debt;
(C) Proof of legal access to the real
				property; and
(D) Any further
				documentation the Authority determines is necessary to ensure the secured party
				is qualified under Oklahoma law and this Chapter.