Maine Revised Statutes Title 28-B Sec. 206 – Denial of license
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1. Denial for good cause. The department, for good cause, may deny an application for an initial license, a license renewal, a transfer of ownership interests or a relocation of licensed premises. Denial of an application by the department pursuant to this section constitutes a final agency action as defined in Title 5, section 8002, subsection 4.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 28-B Sec. 206
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means a person that submits an application for a license under this chapter to the department for review that the department has not yet approved or denied. See Maine Revised Statutes Title 28-B Sec. 102
- Cannabis: includes cannabis concentrate but does not include hemp as defined in Title 7, section 2231, subsection 1?A, paragraph D or a cannabis product. See Maine Revised Statutes Title 28-B Sec. 102
- Department: means the Department of Administrative and Financial Services. See Maine Revised Statutes Title 28-B Sec. 102
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Licensed premises: means the premises specified in a license to operate a cannabis establishment within which the licensee is authorized under this chapter and the rules adopted pursuant to this chapter to cultivate, manufacture, distribute, test or sell adult use cannabis or adult use cannabis products. See Maine Revised Statutes Title 28-B Sec. 102
- Licensee: means a person licensed pursuant to this chapter to operate a cannabis establishment. See Maine Revised Statutes Title 28-B Sec. 102
- Municipality: means a city, town or plantation in this State that is not located within the unorganized and deorganized areas. See Maine Revised Statutes Title 28-B Sec. 102
- Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72
2. Good cause defined. As used in this section, “good cause” means a finding by the department that:
A. An applicant or licensee has violated, does not meet or has failed to comply with any of the terms, conditions or provisions of this chapter, the rules adopted pursuant to this chapter or any other applicable state or local law, rule or regulation; or [PL 2017, c. 409, Pt. A, §6 (NEW).]
B. An applicant or licensee has failed to comply with any special terms, consent decree or conditions placed upon the previously issued license pursuant to an order of the department; the municipality in which the licensed premises are located; the town or plantation in the unorganized and deorganized areas in which the licensed premises are located; in the case of a township in the unorganized and deorganized areas in which the licensed premises are located, the county commissioners of the county in which the township is located; or, in the case of a cannabis establishment located in the unorganized and deorganized areas, the Maine Land Use Planning Commission. [PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
[PL 2017, c. 409, Pt. A, §6 (NEW); PL 2021, c. 669, §5 (REV).]
3. Notification of denial and right to appeal. Upon the department’s determination to deny a license application, the department shall notify the applicant in writing of the denial, the basis for the denial and the applicant’s right to appeal the denial to the Superior Court in accordance with Rule 80C of the Maine Rules of Civil Procedure.
[PL 2017, c. 409, Pt. A, §6 (NEW).]
SECTION HISTORY
PL 2017, c. 409, Pt. A, §6 (NEW). PL 2021, c. 669, §5 (REV).