§ 4910A. Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, § 7].
269 words·~1 min read·
/de/title-16/4910aA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The Commissioner shall deny an application or renewal of a qualifying patient’s registry identification card only if the applicant:
(1)Did not provide the required information and materials;
(2)Previously had a registry identification card revoked; or
(3)Provided false or falsified information.
(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)The designated caregiver does not meet the requirements of § 4902A(5) of this title;
(2)The applicant did not provide the information required;
(3)The designated caregiver previously had a registry identification card revoked; or
(4)The applicant or the designated caregiver provides false or falsified information.
(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.
(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.
(1)Denial of an application or renewal is considered a final Commissioner action.
(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.
(3)[Repealed].