SECTION 310:681-9-2. Licenses and permits

(a)   Timeframe. Waste disposal facility licenses and permits shall be issued for a twelve (12) month period expiring one (1) year from the date of issuance. The license or permit may be issued upon receipt of a completed application, payment of application fee, and verification by the Department the individual or entity complies with the requirements set forth in Oklahoma law and this Chapter.

(b)   Location. Waste disposal facility licenses and permits shall only be valid for a single location at the address listed on the application.

(c)   Renewal of license or permit

(1)   It is the responsibility of the license holder to renew the license and any associated permits, with all applicable documentation, prior to the date of expiration of the license or permit by following the procedures provided in OAC 310:681-9-3 and OAC 310:681-9-4.

(2)   Before renewing a license or permit, the Department may require further information and documentation to determine if the licensee continues to meet the requirements set forth in Oklahoma law and these Rules.

(3)   The Department may refuse to renew a license or permit of a medical marijuana waste facility for the following:

(A)   Failure to meet the requirements for licensure or permits set forth in the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., or OAC 310:681.

(B)   Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medial Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.; or OAC 310:681.

(4)   Upon the determination that a licensee has not met the requirements for renewal, the Department shall provide written notice to the licensee. The notice shall provide an explanation for the denial of the renewal application.

(d)   Disposal of waste upon termination of license/permit.

(1)   A waste disposal facility licensee whose license is not renewed, or whose license is revoked, suspended, or voluntarily surrendered, shall immediately cease all operations at all licensed and permitted locations upon expiration of the license and shall immediately either dispose of any medical marijuana waste remaining in its possession or transfer such medical marijuana waste to another licensed medical marijuana waste disposal facility licensee.

(2)   A waste disposal facility licensee whose permit is not renewed, or whose permit is revoked, suspended, or voluntarily surrendered, shall cease all operations at the permitted location immediately upon expiration of the permit and shall immediately take one of the following actions:

(A)   Dispose of any medical marijuana waste remaining in its possession at the permitted location;

(B)   Transfer such medical marijuana waste to another permitted location belonging to the same licensed medical marijuana waste disposal facility licensee; or

(C)   Transfer such medical marijuana waste to another licensed medical marijuana waste disposal facility licensee.

(e)   Change in information.

(1)   Licensees shall notify the Department in writing within fourteen (14) days of any changes in contact information by electronically submitting a change request in accordance with the Department's instructions.

(2)   Licensees shall obtain Department approval prior to any changes that affect the licensee's qualifications to receive a license or permit. Licensees shall notify the Department in writing in advance of any change that may affect the licensee's qualifications for licensure by electronically submitting a change request, along with any relevant documentation, in accordance with the Department's instructions. Except as is otherwise authorized by the Department, licensees are limited to one location change request and one ownership change request per year of licensure.

(A)   Medical marijuana waste licensees submitting a location change for any licensed or permitted location must provide the information and documentation required in OAC 310:681-9-4 relating to locations, including but not limited to the following:

(i)   Proof as required in OAC 310:681-9-4(c)(1) that the location of the waste facility is at least one thousand (1,000) feet from any public or private school; and

(ii)   Any further documentation the Department determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(B)   Medical marijuana business licensees submitting an ownership change request must provide the information and documentation required in OAC 310:681-9-3 relating to owners, including but not limited to the following:

(i)   An list of all owners and principal officers of the commercial applicant and supporting documentation as set forth in OAC 310:681-9-3(e)(1);

(ii)   An affidavit of lawful presence for each new owner;

(iii)   Documents required under OAC 310:681-9-3(e)(5) establishing that the applicant; and the members, managers, and board members if applicable; and seventy-five percent (75%) of the commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.;

(iv)   Background checks in accordance with OAC 310:681-1-5; and

(v)   Any further documentation the Department determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(f)   Transfer of license or permit.

(1)   Waste disposal facility licenses and permits may not be assigned or otherwise transferred from one person to another person or from one legal entity to another.

(2)   Licenses may not be changed from one license type to another.

(g)   Surrender of license or permit. A waste disposal facility licensee may voluntarily surrender a license or permit to the Department at any time in accordance with OAC 310:681-5-2(g). If a waste disposal facility license is surrendered, all associated permitted locations will be surrendered.

(h)   Revocation of license or permit. If a waste disposal facility license is revoked, all associated permitted locations will be revoked.

[Source: Added at 37 Ok Reg 168, eff 11-1-19 (emergency); Added at 37 Ok Reg 1461, eff 9-11-20]