Section He-C 401.12 - Denial of an Application, Enforcement Actions, and Administrative Appeals(a) The department shall deny an initial or renewal application for a registry identification card if: (1) The applicant previously had a registry identification card revoked for violating the provisions of RSA 126-X or He-C 401;(2) The department determines that the information provided in the application or supporting material was misleading, false, or fraudulent;(3) The applicant previously had a registry identification card denied for providing in the application or supporting material information that was determined to be misleading, false, or fraudulent;(4) The department determines that the information provided in the application or supporting documentation did not meet the requirements of RSA 126-X or He-C 401;(5) A minor applicant's custodial parent or legal guardian is not approved to be a designated caregiver, except that if both parents are listed on the minor patient application as designated caregivers, and only one designated caregiver applicant is denied, the minor patient's application to be a qualifying patient shall not be denied; or(6) A legal guardian of an adult applicant with a guardian is not approved to be a designated caregiver, except that if co-guardians are listed on the adult guardianship application as designated caregivers, and only one designated caregiver applicant is denied, the patient's application to be a qualifying patient shall not be denied.(b) The department shall revoke a qualifying patient or designated caregiver's registry identification card for any of the following: (1) Violation of any provision of RSA 126-X or He-C 401;(2) Submission of misleading, false, or fraudulent information in the application or supporting documentation;(3) Fraudulent use of a registry identification card;(4) Selling, distributing, or giving cannabis to any unauthorized person;(5) Tampering, falsifying, altering, modifying, duplicating, or allowing another person to use, tamper, falsify, alter, modify, or duplicate a registry identification card;(6) A designated caregiver has been convicted of a felony in this or any other state;(7) A qualifying patient or designated caregiver is an inmate at a correctional facility;(8) A qualifying patient is no longer a resident of New Hampshire;(9) A qualifying patient used cannabis in a manner that puts others at risk of their health, safety, or welfare, or has failed to take reasonable precautions to avoid putting others at such risk; and(10) A qualifying patient or designated caregiver produces cannabis concentrate using an extraction method that is prohibited by He-C 401.18.(c) At the time of denying an application for a registry identification card or revoking a registry identification card, the department shall send to the applicant or cardholder written notice that sets forth:(1) The action to be taken by the department;(2) The reason(s) for the action; and(3) The right of an applicant or cardholder to a hearing in accordance with He-C 200 before the enforcement action becomes final.(d) An applicant or cardholder shall have 30 days from the date of the notice of the enforcement action to request a hearing to contest the action.(e) If a request for a hearing is not made pursuant to (d) above, the applicant or cardholder shall be deemed to have waived their right to a hearing.(f) Hearings under this section shall be conducted in accordance with He-C 200.N.H. Admin. Code § He-C 401.12
Adopted byVolume XXXIV Number 33, Filed August 14,2014, Proposed by #10646, Effective 8/1/2015.Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10964, Effective 11/2/2015, Expires 11/2/2025.Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13220, Effective 7/1/2021, Expires 7/1/2031.