Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 6342 (October 1, 2022).

28 Pa. Code § 1141.34. Denial of a permit.

§ 1141.34. Denial of a permit.

 The Department may deny the issuance of a permit for any of the following reasons:

   (1)  Failure or refusal to submit information or documentation requested by the Department during the review process. Nothing in this paragraph requires the Department to request additional or supplemental information from an applicant.

   (2)  Misrepresentation by an applicant of fact, or failure to disclose a material fact to the Department during the review process.

   (3)  The results of the criminal history record check received by the Department under §  1141.31 (relating to background checks) for a principal, financial backer, operator or employee of the applicant indicates that the individual has been convicted of a criminal offense relating to the sale or possession of illegal drugs, narcotics or controlled substances and, following notification by the Department, the applicant fails or refuses to provide the Department with evidence satisfactory to the Department that the individual is no longer associated with the applicant in this capacity.

   (4)  Failure to meet the capital funding requirements identified in an affidavit by the applicant or a determination by the Department that the capital funding identified by the applicant is unverifiable.

   (5)  The applicant denies the Department or its authorized agents access to any place where a permitted activity is proposed to take place or fails to produce any book, paper, record, document, data or other information when requested by the Department.

   (6)  The applicant’s medical marijuana license, permit or other authorization in another state or jurisdiction was, is or has been suspended or revoked or the applicant was otherwise disciplined.

   (7)  The applicant’s plan of operation does not demonstrate, to the satisfaction of the Department, that the applicant is qualified for a permit.

   (8)  The Department determines, in its sole discretion, that the applicant has not met the criteria under §  1141.33 (relating to review of initial permit applications).

   (9)  The Department determines, in its sole discretion, that the issuance of the permit will not be in the best interest of the welfare, health or safety of the citizens of this Commonwealth.

Source

   The temporary provisions of this §  1141.34 amended May 11, 2018, effective May 17, 2018, expire on May 12, 2020, 48 Pa.B. 2767. Immediately preceding text appears at serial pages (385925) to (385926).



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