Current through Register Vol. XLI, No. 50, December 13, 2024
Section 61-29-3 - License To Grow Hemp3.1. An applicant for a license to grow hemp shall provide to the Commissioner, on a form prescribed by the Commissioner, and during the time prescribed by the Commissioner for submission of applications, the following information: 3.1.a. The name and mailing address of the applicant;3.1.b. A legal description and global positioning coordinates sufficient for locating the production fields to be used to grow industrial hemp.3.1.c. Any other information the Commissioner considers appropriate.3.2. An applicant shall comply with the following background information requirements: 3.2.a. Each first-time applicant shall file a set of the applicant's fingerprints, taken by a law-enforcement officer, and any other information necessary to complete a statewide and nationwide criminal history check; and3.2.b. The applicant shall pay all costs associated with the criminal history checks.3.2.c. If an application is submitted by a business entity, rather than by an individual, the Department will identify individuals within the business entity's leadership structure on whom background checks are to be performed.3.2.d. The Commissioner may refuse to grant a license to an applicant whose criminal background check contains criminal history that violates the requirements of 7 U.S.C. § 5940 or otherwise indicates that the applicant should not hold a license.3.3. Criminal history records provided to the Department are confidential.3.4. All applications must contain the applicant's acknowledgment and agreement to the following terms and conditions:3.4.a. Any information provided to the Department, except criminal history records provided to the Department under this section, may be publicly disclosed and be provided to law enforcement agencies without further notice to the applicant;3.4.b. The applicant agrees to allow any inspection and sampling that the Department considers necessary;3.4.c. The applicant agrees to pay for any sampling and analysis costs that the Department considers necessary; and3.4.d. The applicant agrees to submit all required reports by the applicable due dates specified by the Commissioner.3.5. In addition to the application form, each applicant shall submit the application fee set by this rule. If the application fee does not accompany the application, the Commissioner will consider the application incomplete and will not process the application until the fee is received. 3.5.a. The annual "Application Fee" for industrial hemp is one hundred dollars ($100.00) per non-contiguous parcel of land included on the application. Parcels separated by more than one mile may be considered non-contiguous and subject to a separate application fee.3.5.b. Any applicant that wishes to alter the growing areas included on their application shall, before altering the area, submit to the Department an updated legal description, global positioning system location, and map specifying the proposed alterations. The Department must give written approval before beginning any proposed alterations to the growing area. Any change is subject to approval by the Commissioner and shall require an "Alteration Fee" of fifty dollars ($50.00) be submitted by the applicant. Changes which involve additional growing areas may also be considered non-contiguous and subject to additional fees, as designated in 3.5.a.3.6. If the Commissioner determines that all requirements have been met and that a license to grow hemp should be issued to the applicant, taking into consideration all information available to the Department, the Commissioner may approve the application and issue the license.3.7. The annual "License Fee" is one hundred dollars ($100.00) plus five dollars ($5.00) per acre included on the application. The license fee will be required if the Commissioner approves the application.3.8. All licenses shall contain a unique registration number and are valid until December 31, of the year for which the license is issued, unless otherwise revoked by the Commissioner.3.9. A copy of the license shall be displayed at each location where a licensed activity takes place.3.10. After issuance of a license, any licensee that wishes to alter or amend the growing areas on which the licensee will conduct industrial hemp cultivation shall, before altering the area, submit to the Department an updated legal description, global positioning system location, and map specifying the proposed alterations. 3.10.a. The Department must give written approval before the licensee begins growing on the proposed alterations.3.10.b. All requests for alterations or amendments to growing areas are subject to the "Alteration Fee" set forth in section 3.5.b and, once approved, are subject to additional licensing fees as set forth in section 3.7.3.11. An applicant seeking to store hemp but not grow or process must comply with the requirements of this section.3.12. License renewal applications must be submitted annually during the time prescribed by the Commissioner for submission of renewal applications. 3.12.a. If a completed renewal application is received by the Department on or before the deadline established by the Department, the licensee may continue to operate under the current license pending receipt of the renewal application.3.12.b. The Commissioner shall require license renewal applicants to complete background checks once every three years as part of the renewal application process.