Current through Register Vol. 48, No. 38, September 20, 2024
a)
The Department may deny issuance, refuse to renew or restore, or may
reprimand, place on probation, suspend, revoke, or take other disciplinary or
non-disciplinary action against any licensee, may impose a
fine for any of the actions listed in this subsection (a). Fines may
not exceed $20,000 for each violation.
1)
Material misstatement in information furnished to the
Department;
2)
Violations of the Act or this Part;
3)
Obtaining an authorization or
license by fraud or misrepresentation;
4)
A pattern of conduct that
demonstrates incompetence or that the applicant or licensee
has engaged in conduct or actions that would constitute grounds for
discipline under the Act;
5)
Aiding or assisting another person
in violating any provision of the Act or this
Part;
6)
Failing to respond
to a written request for information by the Department within 30 calendar
days;
7)
Engaging
in unprofessional, dishonorable, or unethical conduct, such as those
criteria under Section 1291.60, or of a character likely to deceive,
defraud, or harm the public;
8)
Adverse action by another United
States jurisdiction or foreign nation; a certified copy of the record
of the action taken by another jurisdiction being prima facie evidence thereof.
This includes, but is not limited to, an adverse action by another state
agency, U.S. jurisdiction, or foreign jurisdiction against a principal officer
of a dispensing organization;
9)
A finding by the Department that the licensee, after having
their license placed on suspended or probationary status, has violated
the terms of the suspension or probation;
10)
Conviction, entry of a plea of
guilty, nolo contendere, or the equivalent in a State or federal court of a
principal officer or AIC 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
2105/2105];
11)
Excessive
use of or addiction to alcohol, narcotics, stimulants, or any other chemical
agent or drug demonstrating an inability to carry out the
responsibilities of a license-holder with reasonable skill, safety, and
judgment under the Act;
12)
A finding by the Department of a discrepancy in a Department audit of
cannabis;
13)
A
finding by the Department of a discrepancy in a Department audit of capital or
funds;
14)
A
finding by the Department of acceptance of cannabis from a source other than an
adult use cultivation center, craft grower, infuser, or transporting
organization licensed by the Department of Agriculture, or a dispensing
organization licensed by the Department;
15)
An inability to operate using
reasonable judgment, skill, or safety due to physical or mental illness or
other impairment or disability, including, without limitation, deterioration
through the aging process or loss of motor skills or mental
incompetence;
16)
Failing to report to the Department, within 14 calendar days,
any adverse action taken against the dispensing organization,
or its agent, by a licensing authority with
jurisdiction in any state or any territory of the United States or any
foreign jurisdiction, any governmental agency, any law enforcement agency or
any court defined in this Section;
17)
Any violation of the dispensing
organization's policies and procedures submitted to the Department annually as
a condition for licensure;
18)
Failure to inform the Department
of any change of address, including email addresses, within 10
business days of the change;
19)
Disclosing customer names,
personal information, or protected health information in violation of any State
or federal law;
20)
Operating a dispensary without or prior to obtaining a
license from the Department;
21)
Performing duties authorized
by the Act prior to receiving a license to perform such
duties;
22)
Dispensing cannabis when prohibited by the Act
or this Part;
23)
Any fact or condition that, if it had existed at the time of the
original application for the license, would have warranted denial of the
license;
24)
Permitting a person without a valid agent ID card to
perform licensed activities under the Act;
25)
Failure to designate a
full-time AIC as required by Article 15 under the Act; for the
purposes of the AIC, "full-time" means an employee who works for at least 32
hours per week;
26)
Failure
to provide the training required by Section 15-40(3)(i)of the Act
within the provided timeframe;
27)
Personnel insufficient in number
or unqualified in training or experience to properly operate the dispensary
business;
28)
Any
pattern of activity that causes a harmful impact on the
community;
29)
Failing to prevent diversion, theft, or loss of cannabis;
(Section 15-145 of the Act)
30)
Shielding a dispensing organization's ownership and control from the
Department. (See Section 15-50(d) of the Act.) Shielding ownership and control
includes but is not limited to: failing to properly disclose and register all
individuals who meet the definition of a principal officer; failing to submit
current and accurate tables of organization, ownership, and control; submitting
false or misleading information regarding principal officers, ownership and
control, or tables of organization, ownership, and control to the Department or
to a unit of local government, State agency, other State, third-party, or as
otherwise required by law; or any other similar action; and
31) Carrying more than 40% of products
available for sale from a single source. (See Section 15-70(p)(5) of the Act.)
The Department shall calculate inventory percentages over a monthly
average.
