Arkansas Constitution of 1874 Amendment 98, § 9. Registration and certification of cultivation facility agents and dispensary agents

(a)(1) Cultivation facility agents and dispensary agents shall register with the Alcoholic Beverage Control Division.

(2) The division shall administer and enforce the provisions of this amendment concerning cultivation facility agents and dispensary agents, including without limitation the issuance of a:

(A) Registry identification card to a dispensary agent;  and

(B) Registry identification card to a cultivation facility agent.

(b)(1) The division shall adopt rules necessary to:

(A) Carry out the purposes of this amendment;  and

(B) Perform its duties under this amendment.

(2) Rules adopted under this section are rules as defined in the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(c) Not later than one hundred eighty (180) days after the effective date of this amendment, the division shall adopt rules governing:

(1) The manner in which the division considers applications for and renewals of registry identification cards for dispensary agents and cultivation facility agents;

(2) The form and content of registration and renewal applications for dispensary agents and cultivation facility agents;

(3) Procedures for suspending or terminating the registration of dispensary agents and cultivation facility agents that violate the provisions of this amendment or the rules adopted under this amendment, procedures for appealing penalties, and a schedule of penalties;  and

(4) Any other matters necessary to the division's fair, impartial, stringent, and comprehensive administration of its duties under this amendment.

(d)(1) The division shall conduct criminal background checks in order to carry out this section.

(2) The division shall require each applicant for a dispensary agent license or cultivation facility agent license to apply for or authorize the division to obtain state and national criminal background checks to be conducted by the Identification Bureau of the Department of Arkansas State Police and the Federal Bureau of Investigation.

(3) The criminal background checks shall conform to the applicable federal standards and shall include the taking of fingerprints.

(4) The applicant shall authorize the release of the criminal background checks to the division and shall be responsible for the payment of any fee associated with the criminal background checks.

(5) Upon completion of the criminal background checks, the Identification Bureau of the Department of Arkansas State Police shall forward to the division all information obtained concerning the applicant.

(e) Except as provided herein, the division shall issue each dispensary agent and cultivation facility agent a registry identification card within ten (10) days of receipt of:

(1) The person's name, address, and date of birth under this amendment;  and

(2) A reasonable fee in an amount established by rule of the division.

(f)(1) The division shall not issue a registry identification card to a dispensary agent or cultivation facility agent who has been convicted of an excluded felony offense.

(2) The division shall conduct a criminal background check as described in subsection (d) of this section of each dispensary agent or cultivation facility agent in order to carry out this provision.

(3) The division shall notify the dispensary or cultivation facility in writing of the reason for denying the registry identification card.

(g)(1) A registry identification card for a dispensary agent or cultivation facility agent shall expire on June 30 of each calendar year and is renewable on or before June 30 of each calendar year for the fiscal year beginning July 1.

(2) A registry identification card of a dispensary agent or cultivation facility agent expires upon notification to the division by a dispensary or cultivation facility that the person ceases to work at the dispensary or cultivation facility.

(h) The division may charge a reasonable fee as established by rule for the issuance of a new, renewal or replacement registry identification card.

(i)(1) The division may revoke the registry identification card of a dispensary agent or cultivation facility agent who knowingly violates any provision of this amendment, and the cardholder is subject to any other penalties established by law for the violation.

(2) The division may revoke or suspend the dispensary license or cultivation facility license of a dispensary or cultivation facility that the division determines knowingly aided or facilitated a violation of any provision of this amendment, and the licenseholder is subject to any other penalties established in law for the violation.

(j) The division may collect fines or fees for any violation of a rule adopted under this section.

Cite this article: FindLaw.com - Arkansas Constitution of 1874 Amendment 98, § 9. Registration and certification of cultivation facility agents and dispensary agents - last updated January 01, 2020 | https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-amend-98-sect-9.html


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