5431.1 Upon receipt of a complete new, renewal, or transfer to new location application filed by a cultivation center, manufacturer, internet retailer, or internet retailer, excluding conditional license applications, the Board shall schedule a roll call hearing on the application. The roll call hearing shall not take place until after the close of the forty-five (45)-day protest period.

5431.2 Before any license is issued or renewed, the Board shall ensure that proper notice has been provided to the public and that an ANC located in the same ward as the applicant has been given at least forty-five (45) days in which to protest the license and that a roll call hearing has been conducted.

5431.3 If no protest has been received by the Board from an affected ANC during the protest period, the Board shall consider the application within ten (10) days after the end of the protest period.

5431.4 If a protest has been received by the Board during the protest period, the Board shall take the following actions:

(a) The Board shall schedule a protest hearing, to be held within one hundred and twenty (120) days of the end of the protest period, for new license applications to receive testimony and other evidence regarding the application.

(b) The parties shall be informed of their obligation to attend a mediation for the purpose of discussing and resolving, if possible, the objections raised by the protestants.

(c) The parties shall be informed of their rights and responsibilities with respect to reaching a settlement.

5431.5 The Board shall issue a decision in accordance with the Act and this chapter.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).