Section 691-20-7 - Department Review of Applications for Conditional Licenses & Active Sample Collector License(1)Ownership Interest. Except for an applicant for a cannabis testing facility license, the Department shall verify that any applicant for a cannabis establishment license is either a natural person or a business entity that meets the requirements of 28-B MRS and the rules governing the adult use cannabis program. (A) The Department may require additional information to verify that business structures, loans, franchise agreements, royalty agreements and other legal arrangements are not being used to circumvent licensing requirements including without limitation: limits on common financial interests and disqualifying drug offenses.(B) The Department will ensure that issuance of both a conditional license or active license to the applicant will not result in any person having a direct or indirect financial interest in: (1) More than 3 cultivation facility licenses;(2) 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(3) 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.(C) An application for license will not be considered complete until the applicant satisfies all such information requests.(D) The Department may refuse to issue a conditional license for a cultivation facility, products manufacturing facility or cannabis store license or active license for a sample collector to an applicant at its discretion until it is satisfied that the applicant has met the requirements of 28-B MRS and the rules governing the adult use cannabis program.(2)Application for a Conditional License and Active License for Sample Collector Processing. An application for a conditional license, or active license for a sample collector, is considered incomplete until the Department is in possession of all required forms, additional 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 has 90 days from the date the Department provides notice to the applicant that the application is complete to review and act upon the application. 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.(3)Application for a Conditional License and Active License for Sample Collector Review.(A) For the purposes of processing applications for cannabis establishments, the Department, pursuant to 28-B MRS §205, shall apply an objective standard to establishing 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) Within 90 days from the date the Department provides notice to the applicant that the application is complete, the Department shall, as applicable: (1) Deny the license application;(2) Issue a non-renewable conditional license for a cultivation facility, products manufacturing facility, 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.(4)Withdrawal.(A) The Department and the applicant for a conditional license for a cultivation facility, products manufacturing facility, testing facility or cannabis store or the applicant for an active license for a sample collector may mutually agree in writing to the voluntary withdrawal of an application for a conditional license for a cultivation facility, products manufacturing facility, testing facility or cannabis store or an active license for a sample collector.(B) The Department may not refund any application or other fees, regardless of the circumstances of the withdrawal.(5)Denial. The Department may for good cause pursuant to 28-B MRS §206 deny an application for a conditional license for a cultivation facility, products manufacturing facility, testing facility or cannabis store or for an active sample collector license.(A) 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) Disqualifying drug offenses;(2) Other mandatory disqualifying factors; or(3) Any other reason constituting good cause.(B) Denial of an application pursuant to 28-B MRS §206 is final agency action as defined in 5 MRS §8002(4). The Department shall notify the applicant in writing of the applicant's right to appeal the denial to the Maine Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.18-691 C.M.R. ch. 20, § 7