License issuance--Denial, revocation, or suspension--Contested case.

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38-35-7. License issuance--Denial, revocation, or suspension--Contested case.

If the applicant has completed the application to the satisfaction of the secretary, paid the application fee, returned a criminal background check compliant with §38-35-5, and is eligible for a license under this chapter, the secretary shall issue the license upon receipt of an annual license fee.

A grower or processor license issued under this chapter is valid for fifteen months from the date of issuance.

The department may deny, revoke, or suspend a license of any person who:

(1)Violates any provision of this chapter or administrative rule promulgated under the authority of this chapter;

(2)Violates any rule set forth by the United States Department of Agriculture regarding industrial hemp;

(3)Provides false or misleading information in connection with any application required by this chapter;

(4)Has been convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law within the previous ten years; or

(5)Has been charged with or convicted of a misdemeanor or felony relating to a controlled substance or marijuana under state or federal law since the most recent criminal background check.

Any person whose license is denied, revoked, or suspended under this section may request a hearing pursuant to chapter 1-26.

Source: SL 2020, ch 176, § 7, eff. Mar. 27, 2020; SL 2021, ch 182, § 4, eff. Mar. 25, 2021.


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