Ohio Admin. Code 3796:5-2-03 - Denial of an employee identification card
(A)
The department
shall deny an application for an employee identification card if any of the
following conditions exist:
(1)
The applicant has been convicted of a disqualifying
offense;
(2)
The applicant is not twenty-one years of
age;
(3)
The application failed to include any of the required
application materials stated in paragraph (A) of rule
3796:5-2-01
of the Administrative Code; or
(4)
The applicant has
had an application for drug enforcement administration registration or any
application for a license from a licensing agency under Chapter 4776. of the
Revised Code, denied, revoked, or surrendered for cause. "For cause" means
surrendering a registration in lieu of, or as a consequence of, any federal or
state administrative, civil, or criminal action resulting from an investigation
of the individual's handling of controlled substances.
(B)
The
department may deny an application for an employee identification card if the
department determines, upon review of all relevant materials, that the
applicant lacks the character or fitness necessary to be employed within the
medical marijuana industry. An employee that reports a concern about compliance
with or suspected violations of any state or federal regulation, including
Chapter 3796. of the Revised Code and the rules promulgated in accordance with
Chapter 3796. of the Revised Code, shall not be cause for revoking or denying
an employee identification card. The department shall provide written
justification of its decision to deny the applicant for an employee
identification card to both the applicant and the entity who applied on the
applicant's behalf. The department's decision under this rule shall be subject
to Chapter 119. of the Revised Code.
(C)
An applicant who
has his or her employee identification card revoked or suspended due to his or
her employer's revocation or suspension of a provisional license or
certification of operation shall not be prohibited from obtaining an employee
identification card for another licensed medical marijuana entity, if the
suspension or revocation of the provisional license or certificate of operation
was a result of the applicant reporting an incident or violation of any state
of federal law, including Chapter 3796. of the Revised Code and the rules
promulgated in accordance with Chapter 3796. of the Revised
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: R.C. 3796.03
Rule Amplifies: R.C. 3796.03
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