South Dakota Administrative Rules › Title 44 - Department of Health › Article 44:90 - MEDICAL CANNABIS › Chapter 44:90:03 - Registration certificates › Section 44:90:03:16 - Department awarding of certification - Tiebreaking procedures - Notice to unsuccessful applicants

Current through Register Vol. 51, page 10, July 15, 2024
The department shall award certification as follows:
(1) If more establishments apply than are
				allowed by a local government, the department shall award the establishment
				with the highest score pursuant to §
									44:90:03:15 a registration
				certificate;
(2) If the local
				government has enacted an overall limit on the number of establishments, the
				department shall award registration certificates, in order of final score
				beginning with the highest score attained pursuant to §
									44:90:03:15, until the limit is
				reached;
(3) If the local
				government has enacted a limit on establishments by establishment type, the
				department shall award registration certificates, in order of final score
				beginning with the highest score attained pursuant to §
									44:90:03:15, until the limit is
				reached for each establishment type;
(4) If applicants are tied for one or more
				openings in a locality, the affected applicants and interested members of the
				public shall have the opportunity to view, in person or via videoconference, a
				random drawing to determine the successful applicants. All applicants must be
				ranked via the lottery system to establish the order and a waiting list.
Any establishment granted a certificate pursuant to this
				  section must become operational within one year of the date of award or the
				  certificate is deemed void and must be awarded to the next applicant on the
				  waiting list. If the establishment granted a certificate pursuant to this
				  section cannot become operational within one year, the establishment may submit
				  to the department, at least two weeks prior to the expiration of the
				  certificate, written documentation of the efforts made by the establishment to
				  meet the deadline. For the purposes of this section, the calculation of the
				  one-year time frame for establishments to become operational is three hundred
				  sixty-five days, or, if a leap year, three hundred sixty-six days. The written
				  documentation must include the action taken by the establishment to secure
				  equipment and services necessary to become operational, and the reason why the
				  establishment is unable to meet the deadline. Upon a finding by the department
				  that, despite the establishment's documented timely efforts to secure all
				  equipment and services necessary to become operational, the establishment is
				  unable to become operational by the certificate expiration date, the department
				  may grant the establishment an extension of time by which the establishment
				  must become operational. The department may only grant an extension for one
				  additional year from the date of expiration of the certificate. No further
				  extensions may be granted. Establishments must comply with the requirements for
				  renewal in §
										44:90:03:02 regardless of the
				  extension.
The notification of any unsuccessful applicants must identify
				  the department's decision as a final department action subject to the contested
				  case procedures pursuant to SDCL chapter 1-26.
General Authority:
SDCL
					 34-20G-72(3),
					 34-20G-72(5).
Law Implemented:
SDCL
					 34-20G-56,
					 34-20G-72.