Section 691-20-8 - Application for Active License of a Cultivation Facility, Testing Facility, Products Manufacturing Facility or Cannabis Store, Including Provisional Testing License(1)Forms. An applicant shall prepare an application on forms made available by the Department for the type of license sought along with the appropriate application fee as determined by the Department pursuant to 28-B MRS §207 and this rule. For an application for a cannabis establishment to be considered complete, the following must be true: (A) All applications must include all attachments or supplemental information required by the current forms supplied by the Department and the rules governing the adult use cannabis program.(B) All applications must be complete and accurate in every material detail.(C) 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.(D) The Department may refuse to accept or consider an incomplete application.(2)Local Authorization.(A) In order for a cultivation facility, testing facility, products manufacturing facility or cannabis store conditional licensee to be eligible for a cannabis establishment active license, the municipality or the Maine Land Use Planning Commission, whichever has jurisdiction over the planned site, must have submitted a signed and notarized local authorization certification form prepared and furnished by the Department.(B) Upon receipt of the local authorization certification form, the Department shall, within 10 calendar days, notify the applicant of any additional information needed for the issuance of an active license.(C) Nothing in this rule shall be construed to prohibit local entities from implementing municipal or other local regulations further restricting the operation and siting of cannabis establishments, including, but not limited to regulations regarding the co-location of residences, registered caregivers, dispensaries and/or cannabis establishments.(D) Local authorization is not required for sample collector licenses.(3)Supplemental Information for Issuance of Active License.(A) All conditional licensees must submit the following forms and supplemental information: (1) Affirmation that the operating plan, and as applicable, cultivation plan submitted for a conditional license is accurate, and updated information if such operating or cultivation plan has changed from the information submitted for conditional licensure.(2) Evidence of compliance with all applicable electrical inspection and permitting requirements; which may include but is not limited to: a Certificate of Occupancy issued by the municipal code officer, or written clearance by the Electricians Examining Board, Department of Professional and Financial Regulations.(3) Copies of any required licenses, certificates or registrations from any state agency with oversight of any authorized activities conducted on the licensed premises including without limitation:(a) Licenses and certifications required for food and beverage manufacturing, bottling and sale, and scale certifications from the Department of Agriculture, Conservation and Forestry;(b) Pesticides applicator license from the Board of Pesticides Control, Department of Agriculture, Conservation and Forestry; and/or(c) Tobacco retail sales license from the Department of Health and Human Services and tobacco distributor license from the State Tax Assessor.(4) Affirmation that the licensee will operate in accordance with all applicable federal, state and local laws and regulations, including without limitation laws and regulations regarding waste management and disposal, food and beverage safety, pesticides application and workplace safety.(5) Facility plan, consistent with the requirements of this rule.(6) Confirmation that the cannabis establishment has a tracking system account activated and functional.(7) Proof of ownership of the premises or proof of the owner's consent for the intended use of the premises.(8) Identification of any registered caregiver or registered dispensary that will be co-located with a cultivation or products manufacturing facility licensee, as applicable, and demonstration that at least one owner of the applicant is also the co-located registered caregiver or owner of the co-located registered dispensary.(9) Any material changes from the conditional license application, including but not limited to, any changes related to ownership or control and any new arrests or criminal charges of the applicant, or if the applicant is a business entity, of any principal.(10) Any information necessary to determine if the applicant continues to meet all requirements of conditional licensure; including any updates to information in the application or an attestation that there have not been any material changes to the conditional license application. (B) All licensees engaging in manufacturing involving inherently hazardous substances shall also show proof of compliance with the requirements of this rule, on forms made available by the Department.(C) Cultivation facilities, including nursery cultivation facilities, must additionally submit the facility's Excise Tax Identification Number and verification by the Department of registration with the State Tax Assessor.(D) A cannabis testing facility must obtain full or provisional certification by the CDC as described in Rules for the Certification of Cannabis Testing Facilities, 18-691 CMR, ch. 5, before the Department will issue a provisional or full active testing facility license. A cannabis testing facility may test cannabis and cannabis products only if it holds a current provisional or full certification from the CDC. Initial certification will be for a period of 1 year, and annual recertification is required in compliance with 18-691 CMR, ch. 5. A cannabis testing facility must maintain its certification at all times to remain licensed by the Department. A cannabis testing facility must notify the Department within 1 business day if the CDC suspends or revokes its certification. If the CDC suspends or revokes its certification the cannabis testing facility must cease all testing for any analyte and technology covered by the suspension or revocation. (1) A cannabis testing facility must apply for ISO/IEC 17025:2017 accreditation before the Department will issue a provisional active testing facility license. (a) The cannabis testing facility may apply for a Department-issued testing facility license to conduct testing only for those fields of testing included in the application for ISO/IEC 17025:2017 accreditation.(b) Upon receipt of ISO/IEC 17025:2017 accreditation, a cannabis testing facility must demonstrate proof of accreditation to the Department and DHHS within 5 business days of receipt.(c) Before the expiration of its provisional active license and any permitted one-time renewal of the same, a cannabis testing facility must obtain ISO/IEC 17025:2017 accreditation; otherwise it must cease all operations in that field of testing until such accreditation is obtained if no other field of testing related to cannabis remains.(d) If ISO/IEC 17025:2017 accreditation is denied to the cannabis testing facility holding provisional active licensure, the facility must notify the Department of the denial within one business day of receipt of the denial. The Department shall revoke the provisional active license, upon the cannabis testing facility's notification of denial of ISO/IEC 17025:2017 accreditation.(E) The Department may request additional information or documentation to ensure that issuance of an active license 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.(4)Facility Plan. In accordance with the requirements of this rule, a conditional licensee shall submit a facility plan, on forms provided by the Department, that includes all of the following elements in order to receive an active license. The facility plan shall include diagrams and drawings with sufficient detail and clarity to allow the Department to identify all elements required below; such as diagrams and drawings produced using computer-aided design (CAD) or digital drafting software. The facility plan shall include the following elements, identified with sufficient detail for the Department to determine compliance with this section:(A) Location of the establishment within the municipality, town, township, or plantation, and indicating its proximity to any school. A copy of a tax map showing an area in all directions from the premises of 1000 feet, or in cases where a municipality or the Maine Land Use Planning Commission has reduced the setback to no less than 500 feet, then showing the distance in all directions required by local authority, and indicating that the area around the premises does not include a pre-existing public or private school, as defined in 28-B MRS §§402(2)(A) and 403(2)(A), shall meet this requirement;(B) Size and layout of the establishment, including, but not limited to, limited access areas, display areas, commercial kitchen areas, sample receiving areas and points of entry;(C) A legal ingress onto the property from the closest maintained public way;(D) If the property is also used as a residence, the location of that residence within that property and plans for complete separation of the residence from the facility, including: (1) Entirely separate entrances to the residence and any portion of the property that is part of the licensed premises; and(2) That no solvent extraction is being conducted in the same building or structure as the residence;(E) Description of the licensee's visitor identification badge verification process and visitor entry log in compliance with requirements of 18-691 CMR, ch. 30, § 1;(F) Identification of all required security measures required in 18-691 CMR, ch. 30, § 1 and a written security plan in accordance with 18-691 CMR, ch. 30, § 1;(G) An indication of whether the licensee does not intend to conduct authorized activities during any business hours, as defined in 18-691 CMR, ch. 10, § 1. The applicant shall indicate any business days or hours it does not intend to conduct authorized activities;(H) An indication whether the applicant intends to collect samples of cannabis and cannabis products and deliver them to testing facilities for mandatory testing pursuant to 28-B MRS §604-A, and if so, must submit an attestation that it will follow department- required sampling procedures;(I) As applicable, plans for co-location of multiple cannabis establishments or a cannabis establishment and a registered caregiver or dispensary;(J) For conditional cultivation facility licensees, the following additional elements: (1) The size of the cultivation facility;(2) The layout of the cultivation facility;(3) A floor plan showing the proposed size and layout of the cultivation areas where the licensee intends to cultivate mature cannabis plants, showing exterior dimensions of the areas, drawn in straight lines and clearly stating the square footage of each area. The floor plan for a cannabis cultivation establishment must include the detail dimensions of all areas which the licensee is authorized to cultivate mature plants;(a) For conditional cultivation facility licensees intending to engage in the cultivation of mature cannabis plant canopy in any noncontiguous outdoor area, the licensee shall clearly delineate each row where mature cannabis plants will be grown in order to calculate the total mature plant canopy of the cultivation facility.(4) A floor plan showing the proposed size and layout of the cultivation areas where the licensee intends to cultivate mature cannabis plants solely for the purpose of propagating seedlings, immature cannabis plants or collecting seeds, seedlings and immature cannabis plants, showing exterior dimensions of the areas, drawn in straight lines and clearly stating the square footage of each area and whether this square footage is within or outside the plant canopy;(5) Clear delineation of where mature cannabis plants, cannabis plants solely used for propagation, immature plants and seedlings will be grown;(6) The lights, irrigation, greenhouses and other equipment to be used;(7) A list of all pesticides, fungicides, insecticides and fertilizers that will be present or used;(8) If applicable as part of an integrated pest management plan, a list of all other vegetation to be cultivated alongside any cannabis;(9) If applicable, for a conditional tier 1, tier 2 or nursery cultivation facility licensee that intends to conduct sales of adult use cannabis or cannabis products by delivery to consumers, affirmation that the licensee will only conduct retail sales by delivery to consumers during the hours of 7 A.M. and 10 P.M. local time; and(10) Each applicant for an active cultivation facility license that intends to co-locate its licensed premise with a registered dispensary or registered caregiver must address the following in its facility plan:(a) Identification of the registered caregiver or registered dispensary that will be co-located with the cultivation facility licensee;(b) Indication on the floor plan, with the same level of detail, areas to be used for cultivating cannabis for medical use, including which areas will be used to cultivate plants solely used for propagation, seedlings, immature plants and mature plants;(c) Indication on the floor plan any areas that will support cultivation of both cannabis for medical use and adult use cannabis, including storage areas, office space, walkways, entryways, restrooms and utility rooms;(d) A list of all equipment to be used for cultivating both cannabis for medical use and adult use cannabis;(e) A description of how the licensee will ensure that each shared piece of cultivation equipment is not used simultaneously on cannabis for medical use and adult use cannabis, with the purpose of ensuring that cannabis for medical use remains separate from adult use cannabis.(f) Each applicant for an active cultivation facility license to share premises with a registered dispensary or registered caregiver must address in its facility plan the licensee's plan for creating a visually conspicuous delineation to make distinct the areas used for cultivation of cannabis for medical use from those areas used for the cultivation of adult use cannabis. For the purposes of this paragraph, "visually conspicuous delineation" means a permanently constructed physical barrier including, but not limited to, walls or fencing. (i) A co-located cultivation facility licensee shall ensure that adult use cannabis plants and cannabis plants for medical use are not cultivated in the same cultivation room;(ii) A co-located cultivation facility licensee shall ensure that adult use cannabis plants and cannabis plants for medical use are not dried in the same drying room at the same time;(iii) A co-located cultivation facility licensee shall ensure that adult use cannabis and cannabis for medical use is not cured in the same curing room at the same time;(iv) A co-located cultivation facility licensee shall ensure that adult use cannabis and cannabis for medical use is not trimmed or packaged in the same room at the same time; and(v) A co-located cultivation facility licensee shall indicate in its facility plan its plan for storing adult cannabis flower and trim and harvested cannabis for medical use in a manner whereby the adult use and medical cannabis are readily identifiable and distinguishable in any shared storage areas;(g) The licensee shall separately track cannabis for medical use and adult use cannabis and will otherwise ensure that they do not become intermixed;(h) As applicable, the cultivation facility must have distinctly separate entrances from the area of the premises used for retail sales of adult use cannabis to consumers and for the distribution of cannabis and cannabis products for medical use. Under no circumstances can cannabis or cannabis products for medical use be sold in, transferred, transported or otherwise conveyed through any portion of the co-located premises designated for retail sales of adult use cannabis or cannabis products to consumers; and(i) The cultivation facility must conduct all cultivation activities for adult use cannabis and cannabis for medical use in accordance with 28-B MRS and the rules governing the adult use cannabis program.(11) Nursery cultivation facility applicants that intend to conduct sales to adults over the age of 21 who are not licensees shall submit a facility plan that meets all of the requirements for both a cultivation facility and a cannabis store. (K) For conditional products manufacturing facility licensees, the following additional elements: (1) A diagram illustrating in which areas of the premises each manufacturing activity will occur;(2) A diagram illustrating the areas of the premises where any solvent (excluding water), chemical or potentially hazardous substance will be stored;(3) Manufacturing equipment to be used, including without limitation extraction equipment, kitchen equipment, and equipment used to package and label cannabis and cannabis products; (a) For any extraction equipment that uses inherently hazardous substances, the UL listing in addition to certification by a professional engineer licensed in Maine that the extraction equipment is properly installed;(4) A description of the types of products such as edible, inhaled or topical that will be manufactured on the premises;(5) Any extraction methods and solvents to be used for extraction;(6) Any inherently hazardous substances to be used for extraction, along with the process for use, certification by a professional engineer licensed in Maine that the manufacturing facility's storage, preparation, electrical, gas monitoring, fire suppression and exhaust systems are adequate;(7) If the conditional products manufacturing facility licensee intends to conduct sales of adult use cannabis or cannabis products by delivery to consumers, affirmation that the licensee will only conduct retail sales to consumers during the hours of 7 A.M. and 10 P.M. local time; and(8) Each applicant for an active cannabis products manufacturing facility license that intends to co-locate its licensed premise with a registered dispensary or registered caregiver must address the following in its facility plan: (a) Identification of the registered caregiver or registered dispensary that will be co-located with the products manufacturing facility licensee;(b) An indication on the floor plan any areas of the premises where adult use and medical cannabis will be received, manufactured, packaged, labeled or stored;(c) An indication on the floor plan any areas of the premises where equipment, chemicals and other items to be used for both adult use and medical cannabis manufacturing will be used and stored;(d) A list of all extraction equipment and other supplies to be used for extracting from both cannabis for medical use and adult use cannabis;(e) A list of all manufacturing equipment and other supplies to be used for manufacturing both cannabis products for medical use and adult use cannabis products;(f) A description of how the licensee will ensure that each shared piece of extraction or manufacturing equipment is not used simultaneously or contemporaneously on cannabis for medical use and adult use cannabis, with the purpose of ensuring that cannabis, cannabis concentrate and cannabis products for medical use remain separate from adult use cannabis, cannabis concentrate and cannabis products;(g) A description of how the licensee will track and store cannabis for medical use separately from adult use cannabis, cannabis concentrate and cannabis products and will otherwise keep them from becoming intermixed;(h) A clear indication on floor plans of which areas house equipment used to manufacture both cannabis for medical use and adult use cannabis products; and(i) A clear indication of any areas used to store equipment, supplies or non-cannabis ingredients used to produce, package or label both cannabis products for medical use and adult cannabis products.(9) Each applicant for an active cannabis products manufacturing facility license that intends to use the portion of its licensed premises that is licensed as a food establishment by DACF for the manufacture of any products that contain neither cannabis nor hemp (collectively referred to as "non-cannabis products" for the purpose of this paragraph) must address the following in its facility plan: (a) An indication on the floor plan of the portion of the licensed premises that is licensed as a food establishment by DACF;(b) An indication on the floor plan of any areas of the premises where non-cannabis products will be received, manufactured, packaged, labeled or stored separate from any cannabis products;(c) An indication on the floor plan any areas of the premises where equipment, chemical, ingredients, or other items to be used for both adult use cannabis and non-cannabis product manufacturing will be used and stored;(d) A list of all extraction equipment and other supplies to be used for manufacturing both cannabis products and non-cannabis products;(e) A description of the cleaning and sanitation methods that will be employed to ensure that that no cannabis residues remain on any surface or equipment used in the food establishment to manufacture non- cannabis products;(f) A description of how ingredients that will be used to manufacture non-cannabis products will be physically separated from cannabis, cannabis concentrate and cannabis products, including a clear indication of any areas used to store equipment, supplies or non-cannabis ingredients used to produce, package or label both cannabis and non- cannabis products;(g) A description of how the licensee will ensure that each shared piece of extraction or manufacturing equipment is not used simultaneously or contemporaneously to manufacture cannabis and non-cannabis products, with the purpose of ensuring that adult use cannabis, cannabis concentrate and cannabis products are not intermingled with non- cannabis products; and(h) A clear indication of any areas used to store equipment, supplies or non-cannabis ingredients used to produce, package or label both cannabis and non-cannabis products.(L) For conditional cannabis testing facility licensees, the following additional elements:(1) A premises diagram of the cannabis testing facility that includes a brief statement of the primary activity to be conducted in each room or partitioned area, including without limitation activities related to sample receiving, sample storage, record storage, microbiological and chemical analysis and office space;(2) A list of all mandatory tests, including technology and analyte, for which the applicant has received or is applying for ISO/IEC 17025 accreditation at the time of the application for a conditional license from the Department;(3) A list of all mandatory tests, including technology and analyte, for which the applicant has received or is applying for full or provisional certification from the CDC;(4) A list of all nonstandard test methods and technologies for which the applicant has received or requested CDC certification for any mandatory test;(5) A description of the workplace safety plan consistent with 29 CFR 1910 as applicable; and(6) Plans for disposal of cannabis waste and cannabis product waste.(M) For conditional cannabis store licensees, the following additional elements:(1) Affirmation that the licensee will only conduct retail sales to consumers during the hours of 7 A.M. and 10 P.M. local time or only those days and hours during which retail sales are permitted by local regulation;(2) An indication of whether the licensee intends to sell adult use cannabis and/or adult use cannabis products to consumers using curbside pickup and/or delivery;(3) A diagram illustrating the layout of the licensed premises, including limited access areas and any areas where the licensee intends to conduct curbside pickup; (a) For cannabis store licensees conducting curbside pickup in an area immediately adjacent to the primary public ingress and egress of the store, but not included in the licensed premises, the licensee shall also indicate the curbside pickup area on its facility diagram;(b) Any curbside pickup location outside of the licensed premises must be a place designated for parking or standing, and fully within view of cameras fixed to the exterior of the cannabis store;(4) Identification of the area where the licensee will verify the age of all customers;(5) Description of how the cannabis store licensee will prevent unauthorized sales to, or on behalf of, minors accompanying adult use consumers within the licensed premises;(6) Descriptions or diagrams of displays indicating how they control customer access to cannabis and cannabis products; and(7) Descriptions of any electrical equipment. 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.
(5)Co-Location of Adult Use Cannabis Establishments. An applicant may propose the co-location of multiple adult use cannabis establishment types in accordance with this subsection. Nothing in this subsection should be construed to permit the retail sale of adult use cannabis or adult use cannabis products in the same facility or building in which the licensee also sells or offers for sale to qualifying patients cannabis and cannabis products for medical use pursuant to the Maine Medical Use of Cannabis Act.(A) The Department may approve an application that would result in a testing facility being located adjacent to another type of adult use cannabis establishment or a registered dispensary, registered caregiver, or manufacturing facility registered in accordance with 22 MRS §2423-F, only if the following conditions are met: (1) The testing facility must have a distinctly separate entrance from a public right of way;(2) The testing facility must demonstrate it has adequate environmental controls to protect against incidental contamination of testing equipment or samples as a result of its location adjacent to an adult use cannabis establishment, registered dispensary, registered caregiver, or manufacturing facility registered in accordance with 22 MRS §2423-F;(3) Signage must not convey the impression that the two businesses are connected; and(4) There must be no way that an employee of the testing facility or the other business may travel between the two businesses without returning to the public right of way. Public right of way shall be interpreted in this paragraph to include private property that is generally open to the public during normal business hours, such as a shopping center or business park.(B) The Department may approve an application that would result in a cultivation facility being co-located with a products manufacturing facility or cannabis store, only if the following conditions are met:(1) The cultivation facility area shall be clearly delineated from the other establishment in all written plans.(2) Regardless of common ownership, excise tax is payable when any cannabis seedlings, immature plants, cannabis is transferred from the inventory of a cultivation facility into the inventory of another cannabis establishment. All cannabis must be entered into the tracking system, and excise taxes shall be paid when it is transferred to another licensee in accordance with the rules governing the adult use cannabis program and Title 36, ch. 723.(3) If the cultivation facility is co-located with a cannabis store, the cultivation facility may not be also co-located with a registered caregiver or the retail location of a registered dispensary.(4) If the cultivation facility is co-located with a registered caregiver or registered dispensary, as well as a products manufacturing facility, the licensees shall ensure that all applicable co-location requirements of this rule are met.(C) The Department may approve an application that would result in a products manufacturing facility being co-located with a cannabis store, only if the following conditions are met: (1) The products manufacturing area shall be clearly delineated from the other establishment in all written plans.(2) Any shared space must comply with all regulations applicable to products manufacturing facilities and all regulations applicable to cannabis stores.(3) No manufacturing facility using inherently hazardous substances may be co-located with a cannabis store unless all inherently hazardous extraction activities are conducted in a separate and entirely freestanding structure.(4) If the products manufacturing facility is co-located with a cannabis store, the licensee shall ensure that cannabis and cannabis products remain at all times within the care and control of an individual identification cardholder delivered to or transported through the retail sales area(s) of the cannabis store during the hours that the cannabis store is open to the public;(5) The manufacturing facility may not be also co-located with a registered caregiver or the retail location of a registry dispensary.(6)Tax Registration. The Department may not issue an active license to a conditional licensee that is not properly registered with the State Tax Assessor. (A) Any conditional licensee must obtain a Sales and Use Tax Account Identification Number. A unique Sales and Use Tax Account Identification Number is required for each active license, regardless of common ownership or co-location.(B) A conditional cultivation facility licensee, including a nursery cultivation facility licensee, must additionally obtain an Excise Tax Identification Number. A unique Excise Tax Identification Number is required for each active cultivation facility license (including nursery cultivation facility), regardless of common ownership or co-location.(C) As applicable, a conditional licensee must obtain a resale certificate.(7)Application Processing for an Active License. An application for an active 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. 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.(8)Application for an Active License Review.(A) For the purposes of processing applications for active cannabis establishment licenses, the Department, pursuant to 28-B MRS §205, 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, the Department shall, as applicable: (1) Deny the license application;(2) Issue a renewable active 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.(9)Payment of Fees. Before issuing an active license, the Department shall invoice the conditional licensee 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. The Department may not refund any license or other fees, regardless of the circumstances.(10)Denial. The Department may for good cause pursuant to 28-B MRS §206 deny an application for an active 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) Failure to meet any of the application requirements of Title 28-B or this rule;(2) Failure to comply with any provisions of Title 28-B or the rules governing the adult use cannabis program, or any applicable state or local law, rule or regulation; or(3) Failure to comply with any special terms, consent decree or conditions placed upon previously issued licenses pursuant to an order of the Department, the municipality, town, plantation, county commission, or Maine Land Use Planning Commission with jurisdiction over the area where the cannabis establishment is located.(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, § 8