Ill. Admin. Code tit. 68 § 1290.40

Current through Register Vol. 48, No. 49, December 6, 2024

Section 1290.40 - Dispensing Organization Authorization Process

a) The Division shall review applications and issue authorizations according to the requirements of the Act and this Part.

1) An applicant shall file an application with the Division for authorization to register a dispensing organization.

2) Applications for authorizations shall be made on forms furnished by the Division. The application shall be signed by all principal officers certifying under penalty of perjury that all information contained in the application is true and accurate.

3) An applicant is limited to one application for authorization per District.

4) The instructions on the application will reflect the total maximum number of points available for each required criteria and bonus point category. The instructions and application will also identify the minimum number of points necessary from the required criteria to be eligible for consideration of the bonus point categories. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner.

5) An applicant may submit separate applications for authorization in up to five Districts.

6) Each application requires one application fee (see Section 1290.80) . Applications for authorization will be scored in five required categories. Should the applicant meet the minimum percentage in the five required categories, it may be eligible to be scored in the bonus category. The required five categories and the bonus category will be scored based on the following point structure:

A) The suitability of the proposed dispensary category is 150 points.

B) The business and operation plan category is 200 points.

C) The security plan category is 200 points.

D) The recordkeeping and inventory plan category is 200 points.

E) The financial disclosure category is 150 points.

F) The bonus category is 100 points.

7) If submitting an application in more than one District, the applicant shall identify the Districts it has applied in or Districts where it is registered.

8) Each applicant must submit to and qualify through a fingerprint-based criminal history records check as set forth in Section 1290.230.

9) The Division shall review each application to determine whether it meets the minimum criteria and shall determine qualified applicants.

10) The Division may consider the location of a proposed dispensary relevant to other proposed or existing dispensaries, in the same or adjacent Districts, to ensure that dispensaries are geographically dispersed.

11) If the Division determines that the number of qualified applicants exceeds the number of authorizations available, the Division will select the most qualified applicant in that District using the selection process established in Section 1290.60.

12) Qualified applicants chosen through the selection process will receive an authorization issued by the Division.

13) If the Division determines that a District has no qualified applicants or fewer qualified applicants than authorized registrations, the Division shall post a notification on the Division's website detailing the dates of the next open application period.

14) No person or entity shall have a financial interest in more than five registrations or hold itself out as an owner of more than five registrations. No person shall be a principal officer in more than five registered dispensing organizations. If a qualified applicant has been granted more than five authorizations or registrations by the Division, the applicant shall promptly notify the Division.

15) If a dispensing organization's registration is void or invalid for any reason, including but not limited to revocation, suspension or nonrenewal, the Division will post a notification on the Division's website detailing the dates of the next open application period.

b) Upon receipt of the authorization notice, the applicant may submit for registration approval.

Ill. Admin. Code tit. 68, § 1290.40

Adopted at 38 Ill. Reg. 16875, effective 7/24/2014.

Amended at 39 Ill. Reg. 695, effective 12/29/2014.

Amended at 43 Ill. Reg. 6593, effective 5/20/2019