Current through Register 1531, September 27, 2024
(1) Pursuant to its authority under M.G.L. c.
94G, § 4(a) and (a1/2), a Cease and Desist Order or a Summary
Suspension Order may be imposed by the Commission or a Commission Delegee prior
to a hearing to protect the public health, safety, or welfare.
(2) If based on inspection(s), affidavit(s),
or other credible evidence, the Commission or a Commission Delegee determines
that a Licensee or Registrant or the Marijuana or Marijuana Products
cultivated, produced or sold by a Licensee or Registrant pose an immediate or
serious threat to the public health, safety or welfare, the Commission or a
Commission Delegee may:
(a) Issue a Cease and
Desist Order that requires cessation of any or all operations including, but
not limited to, the cultivation, product manufacturing, Transfer, sale,
delivery or transportation of Marijuana or Marijuana Products; or
(b) Issue a Summary Suspension Order that
requires the immediate suspension of a License and its associated registrations
and cessation of all operations.
(3)
Notice of
Violations.
(a) For a Cease and
Desist or Summary Suspension Order issued under
935
CMR 500.350(2), the
Commission or a Commission Delegee shall send written notice of the action
taken against a Licensee or Registrant and the basis(es) for that action which
shall include, but not be limited to, the following information:
1. The Commission's statutory and regulatory
authority, including its jurisdiction over the subject matter and its authority
to take action with regards to the License or registration;
2. The factual basis(es) of the
action;
3. The immediate threat to
the public health, safety, and welfare;
4. The alleged violation(s) of law, including
the alleged noncompliance with law, regulation, guideline or other applicable
requirement;
5. The current
restriction(s), if any, on the Licensee's or Registrant's operations;
6. Requirements for the continued maintenance
and security of any Marijuana and Marijuana Products;
7. The potential for further disciplinary
action(s), sanction(s) or fine(s); and
8. The Licensee's right to a hearing, if
any.
(b) The Commission
or a Commission Delegee may modify, amend or rescind the order at any time
after its issuance on condition(s) just to all the parties.
(4) On receipt of the order issued under
935
CMR 500.350(2), the Licensee
and its associated agents will immediately comply with the requirements of the
order and, if requested, post notice at public entrances to the establishment
or other notice in a form and manner determined by the Commission or a
Commission Delegee.
(5)
Hearings. Pursuant to its authority under M.G.L. c.
94G, § 4(a)(xxiv) and (g), the Commission has the authority to administer
the administrative hearing process and to delegate to a Hearing Officer the
authority to conduct an administrative hearing.
(a)
Hearing Request.
On written request filed with the Commission, a Licensee shall be afforded a
hearing on an order issued under
935
CMR 500.350(2). The hearing
request shall be submitted in a form and a manner determined by the Commission
or a Commission Delegee including, but not limited to, the request shall be
made no later than 21 calendar days after the effective date of the order. A
request for a hearing is filed on the date the request is received by the
Commission.
1. A timely request for a hearing
shall specifically identify each issue and fact in dispute and state the
position of the Licensee, the pertinent facts to be adduced at the hearing, and
the reasons supporting that position.
2. The failure to timely file a request for a
hearing or to state the basis of the hearing request will result in dismissal
of the challenge to the findings set forth in the notice of violation(s) or
action(s).
(b)
Hearing Notice. If a hearing is requested in a timely
manner under
935
CMR 500.350(5)(a), the
Hearing Officer shall provide notice and a hearing promptly after that request,
or as soon as is practicable, or at a time mutually agreed by the
parties.
(c)
Conduct of
the Hearing.
1. The hearing
shall be conducted pursuant to Standard Adjudicatory Rules of Practice and
Procedure, which includes
801
CMR 1.01: Formal Rules,
801
CMR 1.02: Informal/Fair Hearing
Rules, and/or
801
CMR 1.03: Miscellaneous Provisions
Applicable to All Administrative Proceedings.
2. The scope of the hearing shall be limited
to whether there existed prior to, or at the time of the order(s) issued
pursuant to
935
CMR 500.350(2), or an
amended or a modified order, an immediate or serious threat to the public
health, safety, or welfare.
3. If
the Commission proves by a preponderance of the evidence that there existed an
immediate or serious threat to the public health, safety, or welfare, the
Hearing Officer shall affirm the order.
4. The Hearing Officer shall electronically
mail a copy of the recommended decision to each Licensee or Registrant and
their attorney(s) of record, and mail a copy on written
request.
(6)
The requirements of an order issued under
930
CMR 500.350(2) shall remain
in effect until one of the following events has occurred:
(a) The Commission modifies, amends or
rescinds the order;
(b) There is a
Final Decision on the merits of the order, including judicial review of the
order, unless the order is vacated or modified by a court of competent
jurisdiction or rescinded by the Commission;
(c) There is a Final Decision on the merits
of a subsequently issued Order to Show Cause under
935
CMR 500.370, including judicial review of the
order, unless the order is vacated or modified by a court of competent
jurisdiction or rescinded by the Commission; or until such time as is otherwise
established under the procedures set forth in
935
CMR 500.500.
