Section 230-RICR-80-10-1.10 - Program Registry Identification CardsA. Before issuance of the license all officers, directors, owners, shareholders, managers, members and agents of the licensee must apply for a registry identification card and all officers, directors, owners, shareholders, managers, members and agents must submit to a national criminal background check as provided in the Act and § 1.10(C) of this Part. Such individuals may be hired, appointed, or retained prior to receiving a registry identification card, but may not begin engagement in hemp cultivation, production, distribution, retail sales or other license activities until receipt of the card.B. Registry Identification Card Requirement, Eligibility, Annual Fee and Application 1. All officers, directors, owners, shareholders, managers, members, and agents of the grower and handler licensee must apply for registry identification cards.2. All employees of the grower and handler licensee must apply for registry identification cards.3. For distributors and retailers, the licensee's compliance officer may apply for a registry identification card and may be designated by the licensee as its sole registry identification card holder.4. Each licensee shall maintain a current list of all licensed cardholders associated with the licensee.5. There shall be a fifty-dollar ($50.00) non-returnable, non-refundable annual fee for each Program registry identification card initial application and subsequent annual renewal.6. Applications pursuant to § 1.10 of this Part shall be on such forms and through such submission mechanisms as directed by DBR.C. Criminal Background Checks 1. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7), all applicants are subject to a national criminal background check. This shall include all officers, directors, owners, shareholders, managers, members, and agents of the licensee (hereinafter also referred to in this Section as "applicants").2. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(iv), disqualifying information is defined as a conviction for any felony offense under R.I. Gen. Laws Chapter 21-28, or murder, manslaughter, first-degree sexual assault, second-degree sexual assault, first-degree child molestation, second-degree child molestation, kidnapping, first-degree arson, second-degree arson, mayhem, robbery, burglary, breaking and entering, assault with a dangerous weapon, or any assault and battery punishable as a felony or assault with intent to commit any offense punishable as a felony.3. Consistent with the AIA 2018 § 297(B)(e)(3)(B), disqualifying information includes the ten (10) year period following the conviction of any felony drug offense described in § 1.10(C)(2) of this Part and excludes a controlled substance felony conviction for participation in a state hemp pilot program authorized under the AIA 2014 before December 20, 2018, pursuant to 7 C.F.R. § 990.6(d).4. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(i), the national criminal identification records check shall include fingerprints submitted to the Federal Bureau of Investigation. Application for said records check may be made to the Rhode Island State Police ("RISP").5. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(i), upon the discovery of any disqualifying information, RISP shall send written notification to the applicant disqualifying the applicant and informing the applicant of the nature of the disqualifying information.6. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(i), upon discovery of any disqualifying information, the RISP shall notify DBR in writing of the fact that disqualifying information has been discovered.7. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(ii), in those situations in which no disqualifying felony as defined in R.I. Gen. Laws §§ 2-26-5(7)(iv)-(v) has been found, the RISP shall inform the applicant and DBR, in writing, of this fact.8. Pursuant to R.I. Gen. Laws § 2-26-5(c)(7)(vi), the applicant shall be responsible for any expense associated with the national criminal background check with fingerprints.9. DBR shall evaluate an applicant's disqualifying information pursuant to R.I. Gen. Laws § 28-5.1-14, except where superseding law requires otherwise, including but not limited to § 1.10(C)(3) of this Part.D. Issuance of the Program Registry Identification Card1. Once the licensee application is approved by DBR, each approved officer, director, owners, shareholder, manager, member, or agent of the licensee is responsible for obtaining a registry identification card.2. The registry identification card shall contain:a. The name, address and date of birth of the person.b. The legal name of the licensee that the individual is affiliated with.c. The category of the person's affiliation; officer, director, owner, shareholder, manager, member, employee, or agent.d. The date of issuance and expiration date of the registry identification card.e. A random registry identification number.E. Expiration and Renewal of Registry Identification Cards1. Program registry identification cards shall expire one year after issuance. Renewal applications shall be on such forms and through such submission mechanisms as directed by DBR.F. Termination of Registry Identification Card1. If a Program registry identification cardholder violates R.I. Gen. Laws §§ 2-26-5(c)(7)(iv)-(v), or any portion of these regulations which apply to such cardholder, his or her registry identification card may be suspended/revoked as determined by DBR pursuant to R.I. Gen. Laws § 2-26-5(e).2. When a Program registry identification cardholder ceases work or other association with a licensee for any reason the cardholder's registry identification card shall be null and void and the licensee and/or the cardholder shall notify DBR and shall return the registry identification card to DBR within ten (10) business days of the separation. No hearing shall be necessary to render the card null and void.230 R.I. Code R. 230-RICR-80-10-1.10
Amended effective 10/10/2021
Amended effective 6/11/2022
Amended effective 8/14/2024