Sec.21a-408-7. Denial of a qualifying patient or primary caregiver registration application

(a) The department may deny an application or renewal of a qualifying patient’s registration certificate if the applicant:

(1) Does not meet the requirements set forth in the Act or section 21a-408-6 of the Regulations of Connecticut State Agencies;

(2) Fails to properly complete the application;

(3) Does not provide acceptable proof of identity, residency or age to the department;

(4) Provides false, misleading or incorrect information to the department;

(5) Has had a qualifying patient’s registration denied, suspended or revoked by the department in the previous six months;

(6) Has not paid all applicable fees as required by section 21a-408-29 of the Regulations of Connecticut State Agencies;

(7) Has a written certification issued by a physician or APRN who is not authorized to certify patients for marijuana; or

(8) Is a minor or needs a primary caregiver according to the written certification issued by the physician and:

(A) The applicant has not designated a primary caregiver; or

(B) The department has denied the application of the primary caregiver designated by the qualifying patient.

(b) The department may deny an application or the renewal of a primary caregiver’s registration certificate if the qualifying patient’s physician has not certified the need for the patient to have a primary caregiver or if the primary caregiver applicant:

(1) Does not meet the qualifications set forth in the Act or section 21a-408-6 of the Regulations of Connecticut State Agencies;

(2) Has a disqualifying conviction;

(3) Fails to properly complete the primary caregiver application form;

(4) Does not provide acceptable proof of identity or age to the department;

(5) Has not paid all applicable fees as required by section 21a-408-29 of the Regulations of Connecticut State Agencies;

(6) Provides false, misleading or incorrect information to the department;

(7) Has had a primary caregiver registration denied, suspended or revoked in the previous six months;

(8) Is already a primary caregiver, or has already applied to be a primary caregiver, for a different qualifying patient, unless the primary caregiver provides proof acceptable to the department demonstrating that the primary caregiver has a parental, guardianship, conservatorship or sibling relationship with each qualifying patient; or

(9) Is designated as a primary caregiver for a qualifying patient whose application is denied by the department or whose qualifying patient registration certificate has been suspended or revoked.

(c) If the commissioner denies an application or renewal of a qualifying patient applicant or primary caregiver applicant, the commissioner shall provide the applicant with notice of the grounds for the denial and shall inform the applicant of the right to request a hearing.

(1) Upon receipt of such notice, the applicant may request a hearing, which request shall be submitted to the department in writing not more than twenty calendar days after the date of the notice.

(2) If the applicant makes a timely request for a hearing, the commissioner shall conduct a hearing in accordance with the Uniform Administrative Procedure Act, sections 4-166 to 4-189, inclusive, of the Connecticut General Statutes.

(3) If the applicant does not request a hearing in writing in a timely manner, the applicant shall be deemed to have waived the right to a hearing.

(Effective September 6, 2013; Amended August 28, 2018)