§ 21-28.10-7. Licensee opportunity to appeal.
(a) A licensee shall be afforded an opportunity to submit information to the secretary
documenting or evidencing that the market share provided to the licensee (or amounts
paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The executive office may consider and examine
such additional information that it determines to be reasonably related to resolving
the calculation of a licensee's market share, which may require the licensee to provide
additional materials to the executive office. If the executive office determines thereafter
that all or a portion of such mark
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§ 21-28.10-7. Licensee opportunity to appeal.
(a) A licensee shall be afforded an opportunity to submit information to the secretary
documenting or evidencing that the market share provided to the licensee (or amounts
paid thereunder), pursuant to § 21-28.10-3(4), is in error or otherwise not warranted. The executive office may consider and examine
such additional information that it determines to be reasonably related to resolving
the calculation of a licensee's market share, which may require the licensee to provide
additional materials to the executive office. If the executive office determines thereafter
that all or a portion of such market share, as determined by the secretary pursuant
to § 21-28.10-3(4), is not warranted, the executive office may:
(1) Adjust the market share;
(2) Adjust the assessment of the market share in the following year equal to the amount
in excess of any overpayment in the prior payment period; or
(3) Refund amounts paid in error.
(b) Any person aggrieved by a decision of the executive office relating to the calculation
of market share may appeal that decision to the superior court, which shall have power
to review such decision, and the process by which such decision was made, as prescribed
in chapter 35 of title 42.
(c) A licensee shall also have the ability to appeal its assessed opioid registration
fee if the assessed fee amount exceeds the amount of profit the licensee obtains through
sales in the state of products described in § 21-28.10-3. The executive office may, exercising discretion as it deems appropriate, waive or
decrease fees as assessed pursuant to § 21-28.10-3 if a licensee can demonstrate that the correctly assessed payment will pose undue
hardship to the licensee's continued activities in the state. The executive office
shall be allowed to request, and the licensee shall furnish to the executive office,
any information or supporting documentation validating the licensee's request for
waiver or reduction under this subsection. Fees waived under this section shall not
be reapportioned to other licensees which have payments due under this chapter.