1. The commissioner shall renew a license unless he determines and finds that the
(a) is unlikely to maintain or be able to maintain effective control against diversion;
(b) is unlikely to comply with all federal and state laws applicable to the manufacture
or distribution of the controlled substance or substances for which the license is
(c) [Expires and deemed repealed June 30, 2024, pursuant to L.2018, c. 57, pt. NN, § 5.] is unlikely during the period of his or her license to complete the reports or
to pay the ratable share required by title two-A of this article on or before the
required date. Prior evidence of non-compliance shall constitute substantial evidence of such.
2. For purposes of this section, proof that a licensee, during the period of his license,
has failed to maintain effective control against diversion or has knowingly or negligently
failed to comply with applicable federal or state laws relating to the manufacture
or distribution of controlled substances, shall constitute substantial evidence that
the applicant will be unlikely to maintain effective control against diversion or
be unlikely to comply with the applicable federal or state statutes during the period
of proposed renewal.
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