18-691-20 Me. Code R. § 6

Current through 2024-51, December 18, 2024
Section 691-20-6 - Application for Active Sample Collector License
(1)Forms. An applicant shall prepare an application on forms made available by the Department along with the appropriate application fee as determined by the Department pursuant to 28-B MRS §207 and 18-691 CMR, ch. 10, § 2. In order for an application for an active sample collector license to be considered complete, the following must be true:
(A) An applicant for a sample collector license must meet all applicable requirements of the rules governing the adult use cannabis program.
(B) An applicant for a sample collector license shall include on forms supplied by the Department, as well as attachments thereto, all information requested by the Department, including without limitation information described in the sections referenced in subsection A above and:
(1) A facility plan including an indication of whether the licensee does not intend to conduct authorized activities during any business hours. The applicant shall indicate any business days or hours, as defined in 18-691 CMR, ch. 10, it does not intend to conduct authorized activities;
(2) Designation of a place of business or home office where records and equipment are appropriately and securely stored, including a description of where the Department can inspect all required records upon request;
(3) A statement asserting whether the sample collector's operational assets will be owned or leased by a person or entity other than the applicant;
(4) A written policy that, as indicated by signature, ensures management and personnel are free from any undue internal and external commercial, financial and other pressures, and influences that may adversely affect the quality of the sample collector's work, diminish confidence in the sample collector's competence, impartiality, judgment or operational integrity, as well as a signed disclosure by the owner(s) and principal(s) stating that there is no financial conflict with, interest in, investment in, landlord-tenant relationship with or loan to a cultivation facility, products manufacturing facility, cannabis store, registered caregiver or registered dispensary;
(5) A description of the organization and management structure of the sample collector, and its place in any parent organization;
(6) Written policies and procedures that ensure that protection of the sample collector's clients' confidential information and proprietary rights; and
(7) Proof that the applicant has an inventory tracking system account activated and functional.
(C) All applications must be complete and accurate in every material detail.
(D) An application for an active sample collector license is considered incomplete until the Department is in possession of all required forms, supplemental information, criminal history record checks and any other requirements of this rule.
(E) A license issued to a cannabis establishment or an individual constitutes a revocable privilege. The burden of proving an applicant's qualifications for licensure rests at all times with the applicant.

It is the exclusive responsibility of the applicant to clearly indicate on any forms, attachments, and supplemental information supplied to the Department any content the applicant deems to be trade secrets or other information that would be within the scope of a privilege against discovery or use as evidence recognized by the courts of this State in civil or criminal trials if the records or inspection thereof were sought in the course of a court proceeding, which may otherwise be included as a "public record" pursuant to 1 MRS §402(3) in a response to a request for records and information under the Maine Freedom of Access Act.

(2)Vehicle Requirements. An applicant for an active sample collector license must provide the following information to the Department for each vehicle that will be used to transport samples:
(A) Proof of a valid insurance policy;
(B) A description, with photos as necessary, of the locked compartment to be used to secure samples; and
(C) A description of how the sample collector will maintain samples within the appropriate temperature range.
(3)Payment of Fees. Before issuing an active license, the Department shall invoice the applicant for the applicable 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.

18-691 C.M.R. ch. 20, § 6