Delaware Code Title 16 Sec. 4910A – Denial of registry identification cards
(a) The Department 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.
Terms Used In Delaware Code Title 16 Sec. 4910A
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Venue: The geographical location in which a case is tried.
(b) The Department 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(6) 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 Department 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 Department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver.
(e) (1) Denial of an application or renewal is considered a final Department 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) A denial of an application or renewal for a compassionate use registry identification card is not subject to judicial review.
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;