Section 691-20-10 - License Renewal(1)Annual Renewal.(A) Active licenses must be renewed on an annual basis. At the time of renewal the licensee must demonstrate or otherwise confirm continued compliance with all applicable licensing criteria in accordance with 28-B MRS and the rules governing the adult use cannabis program.(B) An annual inspection by the Department may be required for renewal of a cannabis establishment license.(C) A license shall not be renewed by the Department if: (1) Outstanding fines or penalties are owed to the Department, unless a plan for payment of those fines has been agreed to and approved, in writing, by the Department, prior to the expiration of an active license;(2) The licensee has not engaged in licensed activity at the licensed premises for a period of 1 year or more, unless the licensee submits evidence of reasonable justification, including without limitation death, illness, natural disaster, or other circumstances beyond the licensee's control;(3) Renewal will result in any person having a direct or indirect financial interest in: (a) More than 3 cultivation facility licenses;(b) Multiple cultivation facility licenses with a combined total licensed amount of plant canopy exceeding 30,000 square feet, except when that exceedance is solely attributable to approved increases in the maximum licensed area of plant canopy authorized under a tier 4 cultivation facility license pursuant to 28-B MRS §304; or(c) A testing facility license or sample collector license if the applicant or licensee is a caregiver or a registered caregiver or has an equity ownership interest or a partial equity ownership interest or any other type of financial interest, including but not limited to, being an investor or serving in a management position in a registered dispensary, a cultivation facility license, a products manufacturing facility license or a cannabis store license.(D) The Department shall notify all licensees of the duty to renew no later than 90 days prior to the expiration date of an active license.(E) In conjunction with license renewal, a tier 1, tier 2, tier 3 or tier 4 cultivation facility licensee may apply for a change in the tier of cultivation facility license. (1) The Department may approve the application, subject to: (a) Submission of revised facility plan;(b) Payment of any requisite fee(s) in accordance with 18-691 CMR, ch. 10, § 2;(c) If the application is to increase the plant canopy, demonstration that 85% of adult use cannabis cultivated by the licensee at its cultivation facility was sold over the current period of licensure; and(d) Compliance with total canopy limits.(2) If the licensee does not meet the criteria for a tier of cultivation facility license authorizing a greater area of plant canopy, but otherwise meets the requirements for renewal, the Department may renew the license at the existing tier. (F) In conjunction with license renewal and no more frequently than once every 2 years, a tier 4 cultivation facility licensee may apply for an increase of up to 7,000 square feet in plant canopy area.(1) The Department may approve the application, subject to:(a) Submission of revised facility plan, including an updated cultivation plan;(b) Payment of any requisite fee(s) in accordance with 18-691 CMR, ch. 10, § 2;(c) Licensee demonstration that 85% of adult use cannabis cultivated by licensee at its cultivation facility was sold over the past 2-year period of licensure; and(d) Compliance with total canopy limits.(2) If the licensee does not meet the criteria for a greater plant canopy, but otherwise meets the requirements for renewal, the Department may renew the license with the existing plant canopy area.(G) A products manufacturing facility engaged in extraction using inherently hazardous substances shall submit proof that a professional engineer licensed in Maine has inspected and certified, within 24 months of the date the licensee submits an application for renewal of its license, that the product manufacturing facility's storage, preparation, electrical, gas monitoring, fire suppression and exhaust systems continue to be adequate. Such inspection and certification may be conducted remotely as appropriate.(H) The licensee shall submit proof that the licensee is still in good standing with MRS. (1) For all licensees, an active Sales and Use Tax Account Identification Number, and no tax delinquencies associated with that Sales and Use Tax Account Identification Number.(2) For cultivation facility licensees, an active Excise Tax Identification Number, and no tax delinquencies associated with that Excise Tax Identification Number.(3) For all licensees, a list of all Sales and Use Tax Account Identification Numbers and Excise Tax Identification Numbers associated with any related cannabis establishment in Maine and no tax delinquencies associated with those numbers.(I) The licensee shall submit proof, through a renewed local authorization certification form, that the licensee is still in compliance with all requisite local permits and licenses and is in good standing with the municipality or other local entity wherein the licensee's facility is located.(J) The licensee shall submit proof of any material changes from the prior year's application, including, but not limited to, any changes related to ownership or direct or indirect financial interest holders that did not require prior approval or notification to the Department, including without limitation those changes in ownership that resulted from an employee obtaining an interest in the license through an ESOP or those changes in ownership that resulted in a person obtaining an ownership interest in the license of less than 5%.(2)Continued Authority.(A) The Department shall make every effort to approve license renewals in a timely manner.(B) A licensee that has submitted a timely complete renewal application by the deadline given by the Department shall be permitted to continue operations if the licensee is not required, or if the licensee is a business entity, no principal of the business entity, is required, pursuant to this rule and 28-B MRS, to report information, including criminal convictions or enforcement actions, that could affect continued eligibility.(C) A cultivation facility may not increase its mature plant canopy beyond the limits of its type of license before receiving approval from the Department.(D) Any application for change in ownership or control that results in any new person obtaining an ownership interest in the license of 5% or more, or an existing person increasing their ownership interest in the license to 5% or more, must be approved by the Department and is not considered a renewal application.(3)Application Processing for an Active License Renewal. An application for an active license renewal is considered incomplete until the Department is in possession of all required forms, supplemental information, criminal history record checks and any other requirements of the rules governing the adult use cannabis program. If, in the course of processing the application, the Department discovers that any required forms, supplemental information or criminal history record checks are incomplete, the Department may ask the applicant to supply the missing information. The Department shall, however, avoid unreasonable delays in the case of inadvertent omission of material that is not central to its review of the merits of the application for a conditional license or active license for a sample collector.(4)Application for an Active License Renewal Review.(A) For the purposes of processing applications for active license renewals, the Department, pursuant to 28-B MRS §209, shall apply an objective standard to determine whether an applicant has satisfied the cannabis establishment licensing requirements, specifically the satisfaction of general licensing criteria and the submission of all required documents, forms and fees and the subsequent issuance of provisional and active licenses.(B) Upon receipt and review of a complete application for an active license renewal, the Department shall, as applicable: (1) Deny the license application;(2) Issue a renewable active license for a cultivation facility, products manufacturing facility, sample collector, testing facility or cannabis store valid for up to one year; or(3) Issue an active license for a sample collector valid for one year.(5)Payment of Fees. Before issuing an active license renewal, the Department shall invoice the licensee for the license fee and, if applicable, a late renewal application fee, as determined by the Department pursuant to Title 28-B and 18-691 CMR, ch. 10, § 2. The Department shall not accept any license fees except pursuant to such invoice. The Department may not refund any license or other fees, regardless of the circumstances.(6)Denial.(A) The Department may deny an application for license renewal. The Department shall notify the applicant in writing of the denial and the good cause basis for the denial, including but not limited to:(1) Failure to submit a complete application for renewal, including, as applicable, submission of any required updated plans of record;(2) Failure to pay any outstanding fine or fee required by the Department;(3) The licensee did not obtain required approval from the Department prior to implementing an applicable change of ownership or control;(4) The licensee is subject to an ongoing investigation by the Department;(5) The licensee has not engaged in licensed activity at the licensed premises for a period of one year or more without providing evidence of a reasonable justification for the lapse in licensed activity;(6) Renewal of the license would result in any person having an impermissible direct or indirect financial interest described in section 10(1)(C)(3) above; or(7) Failure to obtain local authorization.(B) An applicant may appeal a renewal application denial to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.18-691 C.M.R. ch. 20, § 10