SECTION 35:30-24-3. Application

(a)   Any institutional licensee with a plant science curriculum may participate in in the Oklahoma Industrial Hemp Agricultural Pilot Program by filing an application with the Department for a license:

(1)   Not less than thirty (30) days prior to the planting or cultivation of any industrial hemp crop; or

(2)   No later than December 1 if a subsequent license is required to harvest industrial hemp crops planted before December 31 but scheduled for harvest after December 31.

(b)   An institutional licensee shall submit a separate application, pay separate application and inspection fees, and obtain a separate license for each cultivation site licensed by the institutional licensee.

(c)   The application shall be on a form provided by the Department and shall, at a minimum, contain the following information:

(1)   The name and address of the institution of higher education;

(2)   The contact information, including but not limited to, names, phone numbers, and email addresses, for any officials or employees of the institution of higher education responsible for oversight of the Oklahoma Industrial Hemp Agricultural Pilot Program and communications with the Department relating to the cultivation of industrial hemp;

(3)   If the institutional licensee intends to utilize subcontractors, the correct legal name of the subcontractors along with all aliases or trade names of the subcontractors;

(4)   If the institutional licensee intends to utilize subcontractors, the address for the subcontractors' primary business locations and any satellite business offices located in Oklahoma;

(5)   If the institutional licensee intends to utilize subcontractors, the contact information, including but not limited to, names, phone numbers, and email addresses, for any officials or employees of the subcontractor responsible for oversight of the Oklahoma Industrial Hemp Agricultural Pilot Program and communications with the Department relating to the cultivation of industrial hemp;

(6)   Proof of ownership for the cultivation site and the following information if the cultivation site is not wholly owned by the institutional licensee:

(A)   The name, address, and contact information for all persons or entities having any ownership interest in the cultivation site; and

(B)   An original signed, dated, and notarized letter of acknowledgement from each person having any ownership interest in the cultivation site indicating approval for the cultivation of industrial hemp at the cultivation site;

(C)   If applicable, a copy of the property lease for the entire duration of the license;

(7)   If the application identifies a contiguous field as the cultivation site:

(A)   A legal description (Section, Township, Range) of the contiguous field;

(B)   The global positioning location coordinates at the approximate center of the contiguous field; and

(C)   An annotated map or aerial photograph with sufficient detail and clarity to define the boundaries and dimensions of the contiguous field in acres, and, if applicable, the locations, boundaries, and dimensions of different growing areas within the contiguous field along with a description of the variety of industrial hemp corresponding to each growing area;

(8)   If the application identifies a building as the cultivation site:

(A)   The physical address of the building;

(B)   The global positioning location coordinates of the building; and

(C)   An annotated map or blueprint with sufficient detail and clarity to show the boundaries and dimensions of the building and growing area in square feet, and, if applicable, the locations, boundaries, and dimensions of different growing areas within the building along with a description of the variety of industrial hemp corresponding to each growing area;

(9)   A description of any areas used to store or process plants or plant parts, including but not limited to:

(A)   The physical address or location of any storage areas or processing areas;

(B)   The global positioning location coordinates of any storage areas or processing areas; and

(C)   An annotated map or blueprint with sufficient detail and clarity to show the location, boundaries and dimensions of any storage areas or processing areas in square feet;

(10)   A schedule identifying the intended dates of planting and intended dates of harvesting any industrial hemp crop or crops;

(11)   A statement of intended use and disposition for the industrial hemp harvested from the cultivation site or any plant parts thereof;

(12)   A notarized and sworn statement from an official or employee of the institutional licensee and from an official or employee of any associated subcontractor that only certified seed will be planted at the cultivation site; and

(13)   Acknowledgement and agreement with the following terms and conditions:

(A)   Any information provided by the institutional licensee or subcontractors is subject to public disclosure under the Open Records Act;

(B)   Any information provided by the institutional licensee or subcontractors may be released by the Department to law enforcement agencies without notice to the institutional licensee or its subcontractors;

(C)   The institutional licensee and subcontractors shall fully cooperate with the Department, grant the Department physical access to any part of the cultivation site and allow inspection and sampling that the Department deems necessary; and

(D)   The institutional licensee and subcontractors shall submit all required reports by the dates specified by the Department.

(E)   A subcontractor may submit applications, pay associated fees, and file reports required by the Department on the institutional licensee's behalf if authorized by the institutional licensee to do so. The institutional licensee's approval for the subcontractor to submit applications, pay fees, pay fines, and file reports shall be evidenced by an original, dated, signed, and notarized authorization letter from an official or employee of the institutional licensee identified in subsection (c)(2) of this section submitted with the application for a license. A unique original, dated, signed, and notarized authorization letter shall be required for each new application, for each subsequent application, or renewal of an existing license.

(F)   Incomplete applications shall not be processed by the Department and any associated application fees shall be retained by the Department.

(G)   Applications that are denied by the Department may be resubmitted within twelve (12) months of the original filing. The Department may waive application fees for resubmitted applications.

[Source: Added at 35 Ok Reg 627, eff 5-16-18 (emergency); Added at 36 Ok Reg 1363, eff 9-14-19]