Current through Register 1531, September 27, 2024
The Commission or a Commission Delegee may issue an order to a
Licensee or a Host Community to show cause as to why a fine or other financial
penalty against a Licensee, Registrant, or Host Community should not be imposed
for any acts or omissions determined to be in violation of the state Marijuana
laws, including M.G.L. c. 94G, and
935 CMR
500.000.
(1)
Notice of Fines or Sanctions. The Commission or a
Commission Delegee shall send written notice of the action taken against a
Licensee, Registrant, or Host Community and the basis(es) for that action which
shall include, but not be limited to, the following information:
(a) The Commission's statutory and regulatory
authority, including its jurisdiction over the subject matter and its authority
to issue the order with regards to the License, registration, or HCA;
(b) The factual basis(es) of the
order;
(c) The alleged violation(s)
of law;
(d) An assessment of an
administrative fine of up to $50,000 per violation, or an order for corrective
action fixing a reasonable time for correction of the violation or both;
and
(e) Notice to the Licensee,
Registrant, or Host Community that they may request a hearing in accordance
with 935 CMR
500.500.
(2) An administrative fine of up to $50,000
may be assessed for each violation.
(a) The
decision to impose any fine or financial penalty shall identify the factors
considered by the Commission or a Commission Delegee in setting the
amount.
(b) Each day during which a
violation continues may constitute a separate violation, and each instance and
provision of the state Marijuana laws, including M.G.L. c. 94G, and
935 CMR
500.000, that is violated may constitute a separate
violation.
(3) The
Commission or a Commission Delegee, in determining the amount of fine or
financial penalty to impose may consider greater or lesser amount depending on
aggravating or mitigating circumstances including, but not limited to:
(a)
Aggravating
Circumstances.
1. Duration and
severity of violation;
2. Whether
the Licensee, Registrant, or Host Community has previously been subject to an
administrative or enforcement action including, but not limited to, a notice of
deficiency;
3. Whether the
Licensee, Registrant, or Host Community knew or had reason to know of the
violation including, but not limited to, warning or issuance of a notice of
deficiency; and
4. Whether the
offense:
a. Constitutes grounds for denial of
a renewal application or suspension or revocation of licensure;
b. Involved multiple Persons or Entities
Having Direct or Indirect Control or agents of the Licensee, Registrant, or
Host Community;
c. Involved any
compensating features associated with a valid waiver issued pursuant to
935
CMR 500.850;
d. Involved a Person younger than 21 years
old or a Registered Qualifying Patient or Caregiver;
e. Involved or affected multiple
Consumers;
f. Involved or exposed
the public to risk of diversion; or
g. Created a risk to the public health,
safety or welfare.
(b)
Mitigating
Circumstances.
1. Whether the
Commission learned of the violation or risk of violation from the Licensee,
Registrant, or Host Community prior to investigation;
2. The financial impact of corrective
measures, if any, which provide safeguards exceeding the minimum requirements
of 935 CMR
500.000. However, financial impact may not include any
cost associated with loss of economic opportunity due to noncompliance or costs
of corrective action necessary to achieve compliance with minimum requirements
of 935 CMR
500.000;
3. The Licensee's, Registrant's, or Host
Community's good faith efforts to avoid a violation;
4. The Licensee's, Registrant's, or Host
Community's degree of cooperation in the investigation;
5. The Licensee's, Registrant's, or Host
Community's willingness to accept responsibility;
6. The Licensee's or Registrant's compliance
with the training requirements pursuant to
935
CMR 500.105(2)(b);
and
7. The Licensee's or
Registrant's status as current or past leader pursuant to the Leadership
Ratings Program under
935
CMR 500.040.
8. Other particular mitigating circumstances
presented by the Licensee, Registrant, or Host Community.
(4) The fine or financial penalty
shall be due and payable within 30 calendar days of the date of one of the
following:
(a) The date of the assessment;
or
(b) If a hearing is requested
pursuant to
935
CMR 500.500, the date of the final agency
action.
(5) Failure to
timely pay the fine or financial penalty may result in further action being
taken by the Commission or a Commission Delegee including, but not limited to,
suspension or revocation of a License or registration, or loss of a Host
Community's good compliance standing with the Commission, as declared and
identified pursuant to the procedures set forth in
935
CMR 500.180(3)(d).
(6) If remaining unpaid at the time of
Licensure renewal, the fine or financial penalty shall be added to the fee for
renewal of the License. A License may not be renewed without the payment of the
renewal fee and if applicable, an unpaid fine or financial penalty.
(7) All fines and financial penalties
collected by or on behalf of the Commission, pursuant to
935
CMR 500.360, shall be made payable to the
Commission and deposited into the Marijuana Regulation Fund. The failure to
cooperate with provisions of
935
CMR 500.360, may result in administrative or
enforcement action against the Licensees, Registrants, or Host
Communities.
