1 Colo. Code Regs. § 212-3-2-2155

Current through Register Vol. 47, No. 20, October 25, 2024

Section 1 CCR 212-3-2-2155 - Application Denial, Voluntary Withdrawal, and Effect of a License Surrender

Basis and Purpose - 2155

The statutory authority for this rule includes but is not limited to sections 44-50-104(2), 44-50-202(1)(b), 44-50-203(1)(a), 44-50-203(1)(b), 44-50-203(1)(d), 44-50-203(1)(n), 44-50-203(2)(a), 44-50-203(2)(c), 44-50-203(2)(l), and 44-50-302(1) -(2), C.R.S. The purpose of this rule is to clarify the procedures and factors governing the denial process and the effect of voluntary withdrawal or surrender for all Licenses issued by the State Licensing Authority.

A.Applicant Burden to Meet Licensure Requirements. An Applicant for an Owner License, Natural Medicine Handler License, or Natural Medicine Business License must establish it is qualified to hold the License. All Licenses issued under the Natural Medicine Code are a revocable privilege.

B.Applicants Must Provide Full and Accurate Information to the Division. An application may be denied if it includes misstatements, omissions, misrepresentations, or untruths regarding the Applicant's eligibility to hold the License. Misstatements, omissions, misrepresentations, or untruths included in an application, documents submitted with the application or additional documents requested by the Division may be the basis for administrative action including but not limited to revocation of the license pursuant to section 44-50-701, C.R.S.

C.Grounds for Denial.

1. The State Licensing Authority will deny an application from an Applicant that is disqualified from holding a License by the Natural Medicine Code or these Rules.

2. The State Licensing Authority will deny an application if the Applicant fails to provide all required information or documents, fails to submit all required application fees, fails to provide accurate, complete, or truthful information or documents, or fails to cooperate with the Division.

D.Voluntary Withdrawal of Application.

1. The Division and Applicant may mutually agree to voluntary withdrawal of an application in lieu of a denial proceeding.

2. Applicants must first submit a form to the Division requesting the voluntary withdrawal of the application. Applicants will submit the form with the understanding that they were not obligated to request the voluntary withdrawal and that any right to a hearing in the manner is waived once the voluntary withdrawal is accepted.

3. The Division will notify the Applicant when it accepts the voluntary withdrawal.

4. The Division may refund the application fee where the application was voluntarily withdrawn prior to initiation of the application investigation.

E.Appeal of Denied Application. An Applicant may appeal a denial pursuant to the Administrative Procedure Act at sections 24-4-104 and 24-4-105, C.R.S.

F.Effect of License Surrender or Revocation on Related Applications. If an application is withdrawn or a License is voluntarily surrendered or revoked, and there are related applications that are seeking some change to the License (including, but not limited to, renewal, change of owner, or change of location) pending Final Agency Order, the related applications become moot and those moot applications will be closed by the Division without further action or notification to the Applicant.

1 CCR 212-3-2-2155

47 CR 17, September 10, 2024, effective 10/1/2024