Section 22-C900. DENIAL OF APPLICATIONS FOR PATIENT AND CAREGIVER REGISTRATIONS

 

900.1The Department may deny an application or renewal application for a qualifying patient or caregiver registration identification card only if:

 

(a)The application is incomplete and the applicant fails to provide the missing information or documents within the time period allotted by the Department;

 

(b)The Department determines after further inquiry or investigation that the information provided was false, misleading, forged, or altered; or

 

(c)The Department determines that the caregiver has a disqualifying conviction.

 

900.2Denial by the Department of an application or renewal application for a qualifying patient or caregiver registration identification card shall be deemed a final Department action. 

 

900.3 An applicant or renewal applicant for a qualifying patient or caregiver registration identification card may request a hearing at the District of Columbia Office of Administrative Hearings (OAH) to review any decision of the Department denying an application or renewal application.  The hearing request shall be filed with OAH within thirty (30) days after service of the notice of denial (receipt required for proof of delivery).

 

900.4 The decision rendered by the Office of Administrative Hearings shall be the Final Order in this matter, and that either party may seek review of  OAH’s decision by the District of Columbia Court of Appeals in  accordance with the District of Columbia Administrative Procedures Act,  D.C. Official Code §§ 2-501- 2-511 (2011 Repl.).

 

authority

The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).

source

Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10151 (December 2, 2011).