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(a) Within thirty (30) days of the date that the clerk to the Authority or the Authority itself accepts an application for a new medical marijuana license as complete, the Authority shall review the application ex parte and issue its determination and findings. The Authority’s ex parte determination and findings shall:

(1) State that the application appears to show a prima facie case for approval of a license, state any concerns that the Authority may have, and direct the applicant to set a hearing under Section 6-5-311 of this Code; or

(2) State that the application does not appear to show a prima facie case for approval of a license, state the deficiencies, and indicate that the applicant has a right to set the matter for a hearing under Section 6-5-311.

(b) The Authority shall notify the applicant in writing of its ex parte determination and findings by first class U.S. Mail addressed to the applicant at the address shown on the application.

(c) If the ex parte determination provided in this Section states that the application appears to show a prima facie case for approval of a license, the applicant shall, within twenty (20) days of the date the Authority mailed its ex parte determination and findings to the applicant, pursue one (1) of the following options, and failure to do so shall constitute a withdrawal of the application:

(1) Set the application for a hearing under Section 6-5-311 of this Code as provided in Section 6-5-501(f) of this Code; or

(2) Request from the Authority in writing a continuance of the setting of the hearing under Section 6-5-311 of this Code for no more than sixty (60) days from the date the Authority mailed its ex parte determination and findings to the applicant, in order to satisfy any concerns stated in the ex parte determination and findings, if any. Failure of the applicant to set the application for a hearing within sixty (60) days from the date the Authority mailed its ex parte determination and findings to the applicant, in the manner provided in Section 6-5-501(f) of this Code, shall constitute a withdrawal of the application.

(d) If the ex parte determination provided in this Section states that the application does not appear to show a prima facie case for approval of a license, the applicant shall, within twenty (20) days of the date the Authority mailed its ex parte determination and findings to the applicant, pursue one (1) of the following options, and failure to do so shall constitute a withdrawal of the application:

(1) Set the application for a hearing under Section 6-5-311 of this Code as provided in Section 6-5-501(f) of this Code; or

(2) Request from the Authority in writing a continuance of the setting of the hearing under Section 6-5-311 of this Code for no more than one hundred twenty (120) days from the date the Authority mailed its ex parte determination and findings to the applicant, in order to satisfy the deficiencies stated in the ex parte determination and findings. Failure of the applicant to set the application for a hearing within one hundred twenty (120) days from the date the Authority mailed its ex parte determination and findings to the applicant, in the manner provided in Section 6-5-501(f) of this Code, shall constitute a withdrawal of the application.

(e) Withdrawal of an application under this Section shall not constitute a denial of the application under Section 6-5-308(d)(5) of this Code and shall not prevent the applicant from resubmitting its application upon payment of a new application fee.

(f) The determination and findings made on the Authority’s ex parte review of the application under this Section shall not be binding on the Authority or any person who has standing at a hearing under Section 6-5-311 of this Code, and any matter that the ex parte determination and findings state has been met, has not been met, or which the determination and findings do not address, may be addressed in full at the hearing. (Ord. 1348, 2011; Ord. 1463 §4, 2018)