Title 21
Food and Drugs

Chapter 28.10
Opioid Stewardship Act

§ 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 state. The executive office shall be allowed to request, and the licensee shall furnish to the department, 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.