1. (a) The Commissioner shall deny an application or renewal of a qualifying patient’s registry identification card only if the applicant:

   1. (1) Did not provide the required information and materials;
   2. (2) Previously had a registry identification card revoked; or
   3. (3) Provided false or falsified information.

2. (b) The Commissioner shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:

   1. (1) The designated caregiver does not meet the requirements of § 4902A(5) of this title;
   2. (2) The applicant did not provide the information required;
   3. (3) The designated caregiver previously had a registry identification card revoked; or
   4. (4) The applicant or the designated caregiver provides false or falsified information.
3. (c) A prospective designated caregiver shall obtain a background check in compliance with § 4927A of this title to enable the Commissioner to comply with subsection (b) of this section. Once a prospective designated caregiver has been granted a registry identification card, the designated caregiver must obtain a background check in compliance with § 4927A of this title every 3 years.
4. (d) The Commissioner shall notify the qualifying patient who has designated someone to serve as the qualifying patient's designated caregiver if a registry identification card will not be issued to the designated caregiver.

5. (e) (1) Denial of an application or renewal is considered a final Commissioner action.

   1. (2) A denial of an application or renewal for a registry identification card for a registered qualifying patient, pediatric patient, or registered designated caregiver is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
   2. (3) [Repealed].

78 Del. Laws, c. 23, § 1; 70 Del. Laws, c. 186, § 1; 80 Del. Laws, c. 11, § 3; 80 Del. Laws, c. 406, § 6; 82 Del. Laws, c. 213, § 4; 82 Del. Laws, c. 246, § 1; 84 Del. Laws, c. 42, § 1; 84 Del. Laws, c. 264, §§ 1, 7; 84 Del. Laws, c. 300, § 1