Section 3.306.060. Protest by local government.

	(a)  Not later than 60 days after the director sends notice of an application for a new marijuana establishment license, renewal of a marijuana establishment license, or transfer of a marijuana establishment license to another person, a local government may protest the application by sending the director and the applicant a written protest and the reasons for the protest. The director may not accept a protest received after the 60-day period. If a local government protests an application for a new or renewal license or for a transfer of a license to another person, the board will deny the application unless the board finds that the protest is arbitrary, capricious, and unreasonable.  
	(b)  A local government may recommend that the board approve an application for a new license, renewal of a license, or transfer of a license to another person subject to a condition. The board will impose a condition a local government recommends unless the board finds the recommended condition is arbitrary, capricious, and unreasonable. If the board imposes a condition a local government recommends, the local government shall assume responsibility for monitoring compliance with the condition unless the board provides otherwise.  
	(c)  If a local government determines that a marijuana establishment has violated a provision of AS 17.38,  this chapter, or a condition the board has imposed on the licensee, the local government may notify the board. Unless the director finds that the local government's notice is arbitrary, capricious, and unreasonable, the director shall prepare the determination as an accusation against the licensee under AS 44.62.360 and conduct proceedings to resolve the  matter as provided under 3 AAC 306.820.  

Authorities

17.38.010;17.38.070;17.38.121;17.38.150;17.38.190;17.38.200;17.38.900

Notes

Reference

3 AAC 306.010
3 AAC 306.075

Authority

AS 17.38.010 AS 17.38.070 AS 17.38.121 AS 17.38.150 AS 17.38.190 AS 17.38.200 AS 17.38.900

History

Eff. 2/21/2016, Register 217