Current through Register Vol. 48, No. 38, September 20, 2024
a)
The agent-in-charge shall be a
principal officer or full-time agent of the dispensing organization and shall
manage the dispensary. Managing the dispensary includes, but is not limited to,
responsibility for opening and closing the dispensary, delivery acceptance,
oversight of sales and dispensary agents, recordkeeping, inventory, dispensary
agent training, and compliance with the Act and this
Part. Managing includes participation in affairs also
includes the responsibility for maintaining all files subject to inspection by
the Department at the dispensary. (Section 15-95 of the Act) AICs may
delegate some of their duties to agents registered under Section
1291.20.
b) Communications with the Department. The
Department will only communicate with the AIC's email address the Department
has on record, or with a third-party so long as a third-party authorization
form is submitted. In order to change its contact information, an AIC must
submit a request to the Department from the email address the Department has on
record. If the current email address is inaccessible, the AIC must submit a
certification attesting the inaccessibility and requesting the
change.
c) AIC Fees. The fees for
AIC are as follows. All fees are nonrefundable and all monies collected under
the Act shall be deposited in the Cannabis Regulation Fund in the State
Treasury.
1) The application fee for an AIC
identification card is $100. This fee includes the physical card.
2) The annual renewal fee for an AIC
identification card is $100.
3) The
late fee for renewal of an AIC identification card is $50.
4) The fee for the issuance of a replacement
AIC identification card is $50.
5)
The fee to restore a terminated AIC identification card is $100.
d) AIC Application. Prior to
performing the duties of an AIC within a dispensing organization, an AIC
application shall be submitted by the applicant in a form or manner provided by
the Department.
1) The application shall
include, but not be limited to the following:
A) The name of the dispensing organization
employing the AIC, and the address of the dispensary;
B) A copy of the applicant's valid driver's
license or a State issued identification;
C) Electronic picture of applicant taken
within 30 days of the application submission;
D) The applicant's social security
number;
E) The application
fee;
F) Department background check
authorizations in compliance with
410 ILCS
705/5-20. These authorizations include Fingerprint
Consent Forms and livescan vendor receipt demonstrating that the applicant has
applied for a fingerprint-based criminal history records check. Applicants
shall only have valid fingerprints taken that are capable of being retrieved;
and
G) Any additional information
requested by the Department necessary to verify the identity of the
applicant.
2) The
Department will issue an AIC identification card if all of the criteria under
subsection (d)(1) is met and the applicant passes a background check.
Applicants may begin working at a dispensary once an application has been
submitted. If the applicant is notified of a deficiency in their application,
the applicant must submit the information or documentation requested within 30
calendar days of the notification requesting the information or documents. If
the applicant fails to provide the requested documentation or information, the
Department will deny the issuing of the AIC identification card, and the
applicant may no longer enter the dispensary except as a member of the public.
Applicants may not work at the dispensary after receiving a Notice of Intent to
Deny Licensure as defined by the Rules of Practice in Administrative Hearings
(68 Ill. Adm. Code 1110.30).
3) The Department will communicate with the
applicant's contact information on file, including the applicant's email
address of record, the primary contact, and/or the alternate contact associated
with the application.
e)
AIC Training
1) AICs shall annually complete
eight hours of training through an approved responsible vendor
program.
2) AICs shall complete the
responsible vendor program:
A) Within 90
calendar days of commencing initial employment at a dispensary; and
B) Within 45 calendar days before the
individual's annual renewal is due or within 45 calendar days after the
individual's renewal has been approved; unless,
C) The individual commences employment at a
new dispensing organization within one year of that individual's annual or
renewal requirements in the above subsection (e)(1) or (e)(2).
3) Training certifications from a
provider who is not an approved responsible vendor provider will not be
accepted by the Department. An individual with a training certificate that is
not accepted by the Department is required to complete an approved responsible
vendor program within 20 days after the Department provides notice of the
deficiency. The Department will grant an extension to the deadlines established
in subsection (b) on an individual basis so long as the individual demonstrates
a good faith belief that a complete training program was approved by the
Department.
f) AIC
Renewal and Restoration
1) All AIC
identification cards shall expire one year after the date they are issued. The
holder of a card may renew the card 45 calendar days preceding the expiration
date by submitting a renewal application and paying the required renewal
fee.
2) AICs shall certify to the
Department that they are in compliance with the required annual responsible
vendor program training.
3) An AIC
seeking restoration of a license due to termination of employment or expiration
of the underlying license shall have the license restored upon request to the
Department and payment of fee required.
4) At any time after the successful
completion of any term of suspension, placement on probationary status or other
disciplinary action taken by the Department with regards to any AIC license,
the licensee may file a petition for restoration in accordance with 68 Ill.
Adm. Code 1110.30.
g)
AIC Duties and Prohibitions
1) All individuals
registered as an AIC are subject to the codes of conduct and grounds for
discipline identified in Sections 1291.60 and 1291.70, as well as subsection
(h). The Department may suspend, revoke, or otherwise discipline an AIC's
license, registration, and/or agent ID card for a violation of the Act or this
Part.
2) An AICis
responsible for notifying the Department of a change in the employment status
of all dispensing organization agents within five business days after the
change, including notice to the Department if the termination of an agent was
for diversion of product or theft of currency. (Section 15-95(e) of
the Act)
3) An AIC shall work at
least 32 hours per week at their assigned dispensary in order to qualify as
"full-time" for the purposes of this Part.
4) An AIC is responsible for
notifying the Department of a change in the employment status of all dispensing
organization agents within five business days after the change, including
notice to the Department if the termination of an agent was for diversion of
product or theft of currency. (Section 15-95(e) of the Act)
5) An AIC is responsible for notifying the
Department of any changes made to the approved vendor list.
6) An AIC is responsible for ensuring the
daily inventory count as required by Section 1291.310(e) is
completed.
7) An AIC is responsible
for managing the dispensary.
8) An
AIC is responsible for implementing the dispensary's records retention policy,
including: the preparation, obtaining, or keeping records, logs, reports, or
other documents in connection with Act and this Part; and for, upon request by
the Department, making any documents immediately available for inspection and
copying by the Department, the Department's authorized representative, or
others authorized by law to review the documents. (See Section 15-135(e) of the
Act.)
h) AIC
Disciplinary Actions. In addition to any action initiated pursuant to Sections
1291.60 and Section 2191.70, the Department may deny an application or
renewal or discipline or revoke an agent-in-charge identification card for any
of the following reasons in accordance with the Act and
20 ILCS
2105/2105-130
:
1)
Submission of misleading,
incorrect, false, or fraudulent information in the application or renewal
application;
2)
Violation of the requirements of the Act or this Part
;
3)
Fraudulent use of the agent-in-charge identification
card;
4)
Selling,
distributing, transferring in any manner, or giving cannabis to any
unauthorized person;
5)
Theft of cannabis, currency, or any other items from a
dispensary;
6)
Tampering with, falsifying, altering, modifying, or duplicating an
agent-in-charge identification card;
7)
Tampering with, falsifying,
altering, or modifying the surveillance video footage, point-of-sale system, or
the State's verification system;
8)
Failure to notify the Department
immediately upon discovery that the agent-in-charge identification card has
been lost, stolen, or destroyed;
9)
Failure to notify the Department
within five business days after a change in the information provided in the
application for an agent-in-charge identification card;
10)
Conviction of a felony offense in
accordance with Sections 2105-131, 2105-135, and 2105-205 of the Department of
Professional Regulation Law of the Civil Administrative Code of
Illinois [20 ILCS 2105] or any incident listed in the Act or
this Part following the issuance of an agent-in-charge identification
card;
11)
Dispensing to purchasers in amounts above the limits provided
in the Act; or
12)
Delinquency in filing any
required tax returns or paying any amounts owed to the State of
Illinois. (Section 15-95(i) of the Act)
