R9-17-301. Principal Officers and Board Members 2016-03-19T08:40:03+00:00

A. For the purposes of this Chapter, in addition to the individual or individuals identified in the dispensary’s by-laws as principal officers of the dispensary, the following individuals are considered principal officers:

1. If an individual is applying for a dispensary registration certificate, the individual;

2. If a corporation is applying for a dispensary registration certificate, two individuals who are officers of the corporation;

3. If a partnership is applying for a dispensary registration certificate, two of the individuals who are partners;

4. If a limited liability company is applying for a dispensary registration certificate, a manager or, if the limited liability company does not have a manager, an individual who is a member of the limited liability company;

5. If an association or cooperative is applying for a dispensary registration certificate, two individuals who are members of the governing board of the association or cooperative;

6. If a joint venture is applying for a dispensary registration certificate, two of the individuals who signed the joint venture agreement; and

7. If a business organization type other than those described in subsections (A)(2) through (6) is applying for a dispensary-dispensary registration certificate, two individuals who are members of the business organization.

B. For purposes of this Chapter, in addition to the individual or individuals identified in the dispensary’s by-laws as board members of the dispensary, the following individuals are considered board members:

1. If a corporation is applying for a dispensary registration certificate, the officers of the corporation;

2. If a partnership is applying for a dispensary registration certificate, the partners;

3. If a limited liability company is applying for a dispensary registration certificate, the members of the limited liability company;

4. If an association or cooperative is applying for a dispensary registration certificate, the members of the association or cooperative;

5. If a joint venture is applying for a dispensary registration certificate, the individuals who signed the joint venture agreement; and

6. If a business organization type other than the types of business organizations in subsections (B)(1) through (5), the members of the business organization.

C. When a dispensary is required by this Chapter to provide information, sign documents, or ensure actions are taken, the individual or individuals in subsection (A) shall comply with the requirement on behalf of the dispensary.

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2).

Effective December 5, 2012.  This was the regulation as of March 19, 2016.  Check the Rules on the Arizona Department of Health Services web site to see if this rule has been changed.

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