1. A. Following the award of conditional approval, the selected applicant shall submit information necessary for the board to conduct a criminal background check on the selected applicant's material owners. No person who has been convicted of a felony under the Code of Virginia or another jurisdiction within the last five years shall be a material owner of, be employed by, or act as an agent of a pharmaceutical processor.
2. B. Upon request of the authority, the selected applicant shall provide additional information or documents.

3. C. The board may revoke conditional approval if the authority determines the selected applicant:

   1. 1. Submits incomplete, false, inaccurate, or misleading information or documentation;
   2. 2. Fails to cooperate in any investigation conducted by the authority;
   3. 3. Fails to secure property to operate the proposed pharmaceutical processor at a location that is more than 1,000 feet from a school or daycare;
   4. 4. Is in violation of § 4.1-1602 K of the Code of Virginia based on the results of criminal background checks of the selected applicant's material owners; or
   5. 5. Fails to comply with all requirements for a pharmaceutical processor.
4. D. If granted conditional approval, an applicant shall have one year from date of notification to complete all requirements for issuance of a permit, including employment of a PIC, responsible party, and other personnel necessary for operation of a pharmaceutical processor, construction or remodeling of a facility, installation of equipment, and securing local zoning approval.
5. E. In the event conditional approval is rescinded pursuant to this section, the board may award conditional approval for a pharmaceutical processor permit by selecting from among the qualified applicants who applied for the pharmaceutical processor permit or publishing a new notice of open applications.

Statutory Authority

§§ 4.1-601, 4.1-604, and 4.1-606 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 40, Issue 11, eff. January 1, 2024; amended, Virginia Register Volume 41, Issue 14, eff. February 10, 2025.