Ala. Admin. Code r. 538-X-7-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-7-.03 - Applications And Applications Processing As To Secure Transporters Generally

(1)Generally. Applicants for a license to operate as a Secure Transporter under the Act and this Chapter shall be governed by Rule 3 of Chapter 3 of these Rules, except as specifically modified below.

(2)Procedure for Filing Application - Contents of Application Specific to Secure Transporters. A Secure Transporter's Application filed with the Commission shall conform to the general application requirements for all licensees set forth in Rule 3 of Chapter 3 of these Rules, except as noted below:

(a) Cover Sheet - as provided in Rule 3 of Chapter 3 of these Rules.

(b) Summary Sheet- as provided in Rule 3 of Chapter 3 of these Rules.

(c) Application Information - as provided in Rule 3 of Chapter 3 of these Rules, except that:

1. Verified Written Consent to a state and national criminal background check shall also be obtained for each of the Secure Transporter Applicant's proposed drivers; upon request, all Secure Transporter Applicants and their employees must submit an ALEA Application to Review Alabama Criminal History Record Information (SBI Form 46).

2. Verification that the leaders of all Secure Transporter Applicants and all secure transport drivers and secure transport passengers shall not have received a criminal conviction within the last eight years for:

(i) Any indictable offense.

(ii) Any offense involving stolen property or vehicles; fraud relating to any business the driver has owned, in whole or part, or in which the driver has been employed; stolen property; or other offense of similar nature.

(iii) Operation of a motor vehicle while under the influence of a controlled substance, or offense of similar nature.

(iv) Any offense involving possession, distribution or trafficking in, any illegal substance. A license shall not be awarded to any Secure Transporter Applicant not in compliance with this provision.

3. Verification of compliance with Alabama Public Service Commission requirements for motor carriers; a license shall not be awarded to any Secure Transporter Applicant who fails to comply with this provision.

4. License Plate and DOT numbers, if available, for all secure transport vehicles.

5. Driver's License and Social Security Number, if available, of each secure transport driver.

6. Verification that all Secure Transport drivers are at least 21 years of age and have a minimum of three years of driving experience; a license shall not be awarded to any Secure Transporter Applicant who fails to comply with this provision.

7. The Applicant's consent, as required by § 20-2A-55(d), Code of Ala. 1975, (as amended), to the inspections, examinations, searches and seizures contemplated by § 20-2A-52(a)(3), Code of Ala. 1975, (as amended), shall specifically extend to all secure transport vehicles; a license shall not be awarded to any Secure Transporter Applicant who fails to provide the requisite consent.

8. Other information or documentation as the Commission may require of Secure Transporters, as contained on the application.

(i) The Secure Transporter Applicant's Verification regarding all proposed facilities shall conform with Rule 3 of Chapter 3 of these Rules.

(ii) The Secure Transporter Applicant's Verification that it has no economic interest in any other license or Applicant for license under the Act or this Chapter shall conform with Rule 3 of Chapter 3 of these Rules.

(iii) Exhibits to the Secure Transporter Applicant's application Information shall be as provided in Rule 3 of Chapter 3 of these Rules, except as follows:

(I) Secure Transporters also must provide, as available, title, lease or other documentation demonstrating possessory interest in all vehicles to be used for secure transportation of cannabis or medical cannabis.

(II) Secure Transporters also must provide, as available, copies of declarations pages of insurance policies applicable to all vehicles to be owned and operated by the company, particularly those proposed for the secure transport of cannabis or medical cannabis.

(III) Secure Transporters must also provide copies of all contracts, contingent contracts or memoranda of understanding (or, if not available, exemplars) between the Secure Transport Applicant and any other licensee or applicant under the Act and these Rules.

(IV) Secure Transporters must include a list of any motor vehicle citations, fines or violations received by its drivers, identified to each individual, in the last three years.

(V) To the extent that a Secure Transporter intends to operate a vehicle that requires a Commercial Drivers' License, documentation demonstrating that proposed drivers are properly trained and licensed. Secure Transporters must verify that all vehicles and drivers have the requisite training and shall maintain compliance with all federal, state and local laws applicable to them at all times while employed as a driver.

(VI) Secure Transporters also must provide a Fleet Summary showing the make, model, VIN Number, license plate number and specifications of all vehicles proposed for the secure transport of cannabis or medical cannabis including but not limited to the design and specification of all areas in which cannabis or medical cannabis is to be stored.

(VII) The Employee Handbook provided by Secure Transporters shall include or be accompanied by a Drivers' Manual detailing qualifications, standards, and procedures to be met and followed by prospective drivers.

(VIII) In addition to the contents of the Policies and Procedures Manual common to all applicants, the Policies and Procedures Manual and/or the Drivers' Manual of Applicants for a Secure Transporter's license shall specifically address protocols for the care and maintenance of all vehicles proposed for secure transport of cannabis or medical cannabis.

(iv) Exemplar or, if available, proposed, if not copies of actual route plans for all proposed secure transport vehicles, for inclusion in the Statewide Seed-to-Sale Tracking System.

(v) The Secure Transporter's Security Plan must also include a verified plan for security during transport of medical cannabis, including but not limited to the following:

(I) Variable route plans and GPS tracking systems must be monitored from the secure transporter's security center using Wi-Fi or hardline network technology.

(II) Locks and Alarm systems must be installed on all vehicles proposed for the secure transport of medical cannabis, including but not limited to the storage area within each vehicle where the product is to be kept while in transit.

(III) Vehicle dashboard and storage area audio/video recording devices (self- recording and, at all times possible, viewable from and saved directly to the secure transporter's security center) must be installed and operational at all times while the vehicle is in transit, and shall include lighting and resolution sufficient to readily identify individuals and activities depicted in the same way as required of audio/video recordings inside licensees' facilities, and kept for the same time and under the same conditions as for such audio/video recordings. See paragraph 3.m.(16)(k) of Rule 538-X-3-.03.

(IV) Secure transport vehicles must be free of markings:

I. indicating that they are carrying cannabis or medical cannabis, or

II. bearing the name or logo of any other licensee.

(V) Cannabis and/or medical cannabis shall be kept in sealed tamper-evident containers that are not accessible to transport personnel during transit but are equipped with tracking devices that can be monitored remotely by the secure transporter at all times during transit.

(VI) Cannabis, medical cannabis and containers holding the same must not be visible or recognizable outside the secure transport vehicle.

(VII) Secure Transport drivers shall have ready access to duress panic and/or hold-up alarms that may be activated in the event of an attempted diversion by unauthorized personnel, hijackers, terrorists, or other improper intervenors. Each employee in a secure transport vehicle must have communication access to the Secure Transporter's security center and be able to contact 911at all times while the secure transport vehicle contains cannabis or medical cannabis.

(VIII) If an emergency requires stopping the vehicle, employees must notify the secure transporter's security center (or ALEA) of the nature of the emergency and complete an incident report form provided by the Commission.

(IX) Under no circumstances may any person other than a designated secure transporter employee have actual physical control of the motor vehicle transporting cannabis or medical cannabis.

(X) Secure Transport drivers shall be trained in, and have ready access to, secure procedures for undergoing administrative inspection by law enforcement pursuant to § 20-2A-65(c), Code of Ala. 1975, (as amended). A Secure Transport employee must carry an employee ID card at all times when transporting or delivering cannabis or medical cannabis; upon request, the ID card must be presented to the Commission or law enforcement officer acting in the course of official duties.

(XI) Individual batches of cannabis or medical cannabis prepared for storage or transport must be appropriately labeled and inserted in containers prior to transport. Batches shall be bar-coded, QR coded, or otherwise digitally coded to identify the following:

I. The batch number(s) or plant tag number(s),

II. The contracting licensee,

III. Facility of origin,

IV. The type of product,

V. The date of harvest and/or processing and packaging, as applicable, and

VI. The date of the last State Testing Laboratory approval.

(XII) Secure Transport vehicles shall have no fewer than two personnel (a driver and one other) in the vehicle at all times when the vehicle is carrying cannabis or medical cannabis and is (a) making more than a single stop on the route and/or (b) traveling more than ten (10) miles while carrying cannabis or medical cannabis. Notwithstanding the foregoing, a single employee may transport cannabis or medical cannabis to or from a State Testing Laboratory. Secure Transport vehicles may not be left unattended at any time when containing cannabis or medical cannabis; at least one employee must remain with the vehicle at all times when the vehicle contains cannabis or medical cannabis. Only designated personnel shall occupy a secure transport vehicle during transport of cannabis or medical cannabis; non-employee passengers of any kind are prohibited.

(XIII) Secure Transport vehicles carrying cannabis or medical cannabis must adhere to the designated route at all times. If an alternate route is necessary, the driver must contact the security office and note the change on the route plan. Secure transporters shall document all stops in transit for refueling or otherwise, including the reason for the stop, the duration of the stop, the location of the stop, and all activities of employees exiting the vehicle.

(XIV) Secure transport vehicles must be equipped with GPS tracking and monitored throughout transit by the Secure Transporter's security center through Wi-Fi or hardwire networking technology.

(XV) Route plans, manifests, transport logs, freight bills, bills of lading and any free- on-board ("FOB") terms of sale documents, maintenance and repair records, and insurance documentation must be kept (either manually or electronically, including, but not limited to, as part of the Statewide Seed-to-Sale Tracking System), as to all vehicles in the secure transporter's fleet, for a period of not less than two (2) years, and longer upon the request of the Commission or law enforcement. Such documents shall be made available to the Commission or its representatives (including inspectors) during inspections and other official visits.

(XVI) Upon request, a secure transporter shall make available to the Commission or its inspectors all information relating to the security plan.

(vi) The Secure Transporter Applicant must provide an affidavit signed by the responsible individual and designated contact person (or, if the Secure Transporter is an entity, the duly authorized officer, owner or interest holder and the designed contact person) that the information provided in the Application is true and correct, to the best of the Affiants' knowledge upon a diligent investigation thereof.

(vii) The Secure Transporter Applicant must provide an Application Fee pursuant to § 20-2A-55(f), Code of Ala. 1975, (as amended). The Applicant's nonrefundable Application Fee must be submitted electronically per instructions in the Application Form received in response to the applicant's Request for Application.

Ala. Admin. Code r. 538-X-7-.03

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.