Over the past few posts, we have covered the CAURD application by providing a general overview here; a detailed breakdown of the eligibility requirements for businesses and non-profits here; and scoring for the application here. In this article, we will now provide answers to frequently asked questions.
Justice-involved individuals are required to submit proof of criminal record(s). What is considered proof?
The Office of Cannabis Management (OCM) has defined and identified several acceptable forms of proof of criminal record(s) and/or conviction(s). Documents that may satisfy this requirement include but are not limited to:
- A Certificate of Disposition - this can be requested by the convicted individual from the sentencing court, and some courts may charge a small fee to obtain the certificate;
- A record of judgment and conviction;
- A record of plea, verdict and sentence;
- A docket entry from court records indicating a conviction;
- Court proceeding minutes or a hearing transcript indicating a conviction;
- An arrest record indicating a conviction;
- A police file indicating a conviction;
- Health Records indicating a conviction;
- Notarized attorneys’ letters indicating a conviction; or
- Results from a criminal history background check.
Please note that the above is a non-exhaustive list. If you have questions regarding other acceptable documents, consult with an attorney.
Are fingerprints required?
Yes, individuals will need to submit their fingerprints but not until the final stages of the application process. Selected individuals will be notified by OCM.
As an applicant, what should I know about the Freedom of Information Law requirement?
OCM recognizes that applicants may have “trade secrets” or “critical infrastructure information” that should be exempt from any disclosure under the NYS Freedom of Information Law (FOIL). Applicants are required to designate each portion of the application considered to be exempt from FOIL and formally request an exception.
Upon submission, information constituting trade secrets or critical infrastructure information should be clearly marked and identified as such by the applicant. Each page containing this information should contain a footer notifying OCM that the material on the page is requested to be exempt from disclosure under FOIL.
It’s important to note that OCM is a state-run entity and thus required by the Public Officers Law to disclose records in response to FOIL requests.
Do applicants need a labor peace agreement (LPA), Business Continuity Plan, or Insurance submitted in connection with their application?
An LPA is not required to apply for a CAURD license. However, selected applicants will be required to enter into an LPA with a bona fide labor organization prior to final license award.
Insurance and a Business Continuity Plan are both required but not until the final stages of the application process. Selected applicants will be notified by OCM when it is time to submit this as part of their application.This is a nuanced process. If you have any questions, please contact Hamilton Clarke, LLP to speak to one of our qualified cannabis attorneys.