(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.
(e) (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(3) [Repealed].