Md. Code Regs. 10.19.03.03 - Registration; Registration Certificate
A. Requirement. A person shall register with
the Department and obtain and maintain a registration certificate before the
person:
(1) Manufactures, distributes, or
dispenses controlled dangerous substances;
(2) Conducts research or instructional
activities with controlled dangerous substances listed in Schedules II through
V of Criminal Law Article, §§5-403 -5-406, Annotated
Code of Maryland;
(3) Conducts
research or instructional activities with a controlled dangerous substance
listed in Schedule I of Criminal Law Article, §5-402, Annotated Code of
Maryland; or
(4) Conducts a
chemical analysis with controlled dangerous substances listed in any
schedule.
B.
Application.
(1) A person required to obtain
and maintain a registration certificate as set forth under this chapter shall:
(a) Obtain, complete, and submit an
application for a registration certificate on a form provided by the
Department; and
(b) Pay the
appropriate fee as set in §C of this regulation, unless the applicant is
eligible for a fee exemption.
(2) The application and any accompanying
document or statement required for registration by the Secretary shall be
signed by the:
(a) Applicant, if an
individual;
(b) General partner, if
the applicant is a partnership; or
(c) Officer responsible for the applicant, if
the applicant is a corporation or other entity.
(3) If the information requested on the
application is not applicable to the applicant, the applicant shall indicate
this on the form.
(4) The Secretary
may require additional documentation pertinent to the registration to:
(a) Clarify application information;
or
(b) Determine if the applicant
meets the requirements of this chapter.
(5) A person shall submit an application and
fee for each separate place of business, professional practice, or location for
which registration is required.
(6)
The registration certificate shall be readily available to any agent or
representative of the Secretary within the registered location.
C. Fees.
(1) A person required to obtain and maintain
a registration certificate as set forth under this chapter shall pay the
appropriate fees as set in this regulation. Fees include the following:
(a) Registration every 3
years-$120;
(b) Amend an unexpired
registration certificate-$50; and
(c) Replace a lost registration
certificate-$30.
(2)
Persons Exempt from Fee.
(a) The following
persons are exempt from payment of a fee for registration or renewal of
registration:
(i) A hospital, clinic,
institution, facility, or unit operated by the State or by the United
States;
(ii) An agency, excluding
State employees, for which the State is responsible for payment of the fee,
provided that the exemption is approved by the Secretary; and
(b) A person exempt from payment of a
registration fee is required to obtain and maintain a registration
certificate.
(3) Payment
of Prorated Fees.
(a) A registrant applying
for a registration certificate shall pay a prorated registration fee when a
registration certificate is issued for less than 36 months.
(b) The prorated fee shall be based on the
total number of full plus partial months for which the registration certificate
is issued.
(4) Refunds
and Credits. The Secretary may not issue a refund or credit or return any
registration fees to a registrant, including if a registrant:
(a) Withdraws a registration application;
or
(b) Voluntarily or involuntarily
ceases to manufacture, distribute, or dispense a controlled dangerous substance
before a registration certificate expires.
(5) Failure to Pay Fees. The Secretary may
not issue a new or a renewed registration certificate until all required fees
are paid.
D. Issuance.
The Secretary may issue a registration certificate that:
(1) Is valid for not more than 3 years;
and
(2) Shall be renewed before its
expiration date if the registrant intends to operate as described in §A of
this regulation.
E.
Expiration and Renewal.
(1) A registration
certificate expires on the date shown on the certificate.
(2) The Secretary shall mail a renewal
application or a notice to renew to a registrant not less than 30 days before
the expiration date shown on the certificate.
F. Assignment, Transfer, or Termination.
(1) A registration certificate is not
transferable.
(2) A registration
certificate becomes void when the registrant:
(a) Dies;
(b) Discontinues business or professional
practice in the State; or
(c)
Changes ownership, including when:
(i)
Partners are added or deleted from the partnership;
(ii) There is a change in the president or
chief executive officer of the corporation; or
(iii) There is a change in the ownership of
10 percent or more of the outstanding shares in the corporation.
(3) A registrant who
discontinues business or professional practice in the State shall:
(a) Notify the Secretary in
writing;
(b) Surrender the
registrant's current registration certificate; and
(c) Legally transfer or dispose of any
controlled dangerous substances relative to the registrant's
operation.
(4) Change of
Ownership.
(a) A registrant who changes
ownership of the business or professional practice as stated in §C(2)(c)
of this regulation, shall:
(i) Notify the
Secretary in writing;
(ii) Submit a
registration application to change the current registration and a $144 3-year
registration fee at least 30 days before the change in the ownership of the
registrant's business or professional practice occurs; and
(iii) Surrender the registrant's current
registration certificate after the ownership change is finalized.
(b) After a change in ownership,
the Secretary may inspect the business or professional practice of the new
owners as provided in §G of this regulation.
(5) Change of Location. A registrant shall
submit an application to amend a current registration certificate along with a
$50 fee at least 30 days before there is a change in the location of the
registrant's place of business or professional practice from the location which
is stated on the registration certificate to a new location within the
State.
G. Inspection.
After an application for registration has been filed, the Secretary may:
(1) Inspect the place of business or
professional practice described in the application; and
(2) Investigate the applicant to determine
whether the applicant meets the requirements of this chapter.
Notes
Regulation .03 repealed and new Regulation .03 adopted effective April 24, 2006 (33:8 Md. R. 732)
Regulation .03 amended effective 42:22 Md. R. 1377, eff.
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