Iowa Admin. Code r. 641-154.7

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 641-154.7 - Appeal

(1)Written notice of denial or cancellation. If the department denies an application for or cancels a registration card, the department shall inform the applicant or cardholder of the denial or cancellation, state the reasons for the denial or cancellation in writing, and state the effective date of the denial or cancellation. If the department cancels a card upon request from a patient or primary caregiver, or the department becomes aware of the death of a patient or primary caregiver, the cancellation is effective immediately upon issuance of the written notice of cancellation. If the department cancels a card upon any other ground listed, the cancellation shall become effective 30 days following issuance of the written notice of cancellation.

(2)Effect of written notice of cancellation on use and possession of medical cannabidiol. A cardholder is authorized to purchase, possess, and use medical cannabidiol up to and including the effective date of the cancellation. For purposes of the affirmative defenses in Iowa Code section 124E.12, a patient or primary caregiver shall be deemed to be in possession of a valid registration card up to and including the effective date of the cancellation.

(3)Request for appeal. A request for appeal concerning the denial or cancellation of a registration card shall be submitted pursuant to the provisions of 441-Chapter 7. In the event of a timely appeal, cancellation of the card shall be deemed to be suspended pending the outcome of the contested case proceeding. If the cancellation is affirmed following the contested case proceeding, the card cancellation shall become effective 30 days following issuance of the department's final agency action.

Iowa Admin. Code r. 641-154.7

Adopted by IAB October 1, 2014/Volume XXXVII, Number 7, effective 1/30/2015

Amended by IAB July 5, 2017/Volume XL, Number 01, effective 6/13/2017

Amended by IAB June 15, 2022/Volume XLIV, Number 25, effective 7/20/2022

Adopted by IAB July 10, 2024/Volume XLVII, Number 1, effective 8/14/2024