Ill. Admin. Code tit. 8 § 1300.510

Current through Register Vol. 48, No. 45, November 8, 2024

Section 1300.510 - License Application

a) The Department will make the Transporter License applications available beginning on the license application acceptance period listed in subsection (b). Applications shall be submitted electronically to the Department. A registration application must be submitted for each vehicle used for transportation purposes. An active registration must be in each vehicle placed into service for transportation purposes.

b) License Application Acceptance

1) License Application Acceptance Periods

A) February 14, 2020 through March 16, 2020 - Acceptance Period

The Department will accept applications for Transporter Licenses beginning on February 14, 2020. On March 16, 2020, the license application acceptance period will close and no further applications will be accepted by the Department.

B) February 15, 2021 and each year thereafter - Acceptance Period

The Department will accept applications for Transporter Licenses beginning on February 15, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday. On March 15, or, if that date falls on a weekend or holiday, the business day immediately succeeding the weekend or holiday, the license application acceptance period will close and no further applications will be accepted by the Department until the next license application acceptance period.

2) An application will be considered submitted on the date in which it was received, if received on or before 5 p.m. Central Time. If received after 5 p.m. Central Time, the application will be considered received on the next business day.

3) Submissions received outside of the license application acceptance period, or by a means other than required in this subsection (b), shall be returned to the applicant.

4) Notification of the availability of applications, instructions for completion and submission of applications, and application forms will be posted on the Department's website at www.agr.state.il.us/. Application forms will be made available online at that website and may be completed online and submitted electronically to that website.

c) The electronic license application shall be submitted on the forms provided by the Department. The forms will include instructions for their completion and submission. The application will reflect the information required of applicants by the Act and this Part and will include requests for information, plans, maps and other materials in support of the application needed by the Department to make its determination on the application. The instructions on the application will reflect the total maximum number of points that can be awarded for each required criteria, measure and category listed in Section 1300.520. The instructions and application will also identify the total minimum number of points necessary. All applications will be reviewed and points awarded based upon the same point system in a fair and unbiased manner. If all materials, documentations, fees and information required by the application form are not submitted, the application shall be returned to the applicant. Once submitted, the required fee will not be returned. Upon receipt of an application deemed to be complete, the Department will engage in no further communication with the applicant until after the selection process is completed.

d) An applicant applying for a Transporter License shall electronically provide the following:

1)The nonrefundable application fee of $5,000, unless the applicant is eligible for a fee waiver pursuant to Section 7-20 of the Act;

2)The legal name of the transporter;

3)The proposed physical address of the transporter;

4)The name, address, social security number, and date of birth of each principal officer and board member of the transporter; each principal officer and board member shall be at least 21 years of age;

5)The details of any administrative or judicial proceeding in which any of the principal officers or board members of the transporter:

A)Pled guilty, were convicted, fined, or had a registration or license suspended or revoked; or

B)Managed or served on the board of a business or non-profit organization that pled guilty, was convicted, fined, or had a registration or license suspended or revoked;

6)Proposed operating by-laws and plans that include procedures for the oversight of the transporter, including the development and implementation of an accurate recordkeeping plan, staffing plan, and security plan that are in accordance with the rules issued by the Department of Agriculture under the Act; a physical inventory shall be performed of all cannabis on a weekly basis by the transporter;

7)Verification from ISP that all background checks of the prospective principal officers, board members, and agents of the transporter have been conducted. If ISP has not completed the background check, then the applicant shall provide verification that the request has been submitted to ISP;

8)A copy of the current local zoning ordinance or permit and verification that the proposed transporter is in compliance with the local zoning rules and distance limitations established by the local jurisdiction, or a letter from the local zoning jurisdiction certifying compliance, if the transporter has a local business address;

9)Proposed employment practices in which the applicant must:

A)Demonstrate a plan of action to inform, hire, and educate minorities, women, veterans, and persons with disabilities;

B)Engage in fair labor practices; and

C)Provide worker protections;

10) A statement of whether the applicant can demonstrate experience in, or business practices that promote economic empowerment in, Disproportionately Impacted Areas;

11)The number and type (make, year, and model) of equipment the transporter will use to transport cannabis and cannabis-infused products;

12)A plan for loading, transporting, and unloading cannabis and cannabis-infused products;

13)A description of the applicant's experience in the distribution or security business (if applicable);

14)The identity of every person having a financial or voting interest of 5% or more in the transporter with respect to which the license is sought, whether a trust, corporation, partnership, limited liability company, or sole proprietorship, including the name and address of each person; and [410 ILCS 705/40-10(a)]

15) A description of the device that the transporter plans to use to provide GPS monitoring of equipment transporting cannabis containers, as required by Section 1300.595;

16) For a Social Equity Applicant:

A) If applicable, the Social Equity Applicant's status as an "Illinois resident" as evidenced by incorporation documents, or, if applying as an individual, at least 2 of the following:

i) a signed lease agreement that includes the applicant's name;

ii) a property deed that includes the applicant's name;

iii) school records;

iv) voter registration card;

v) an Illinois driver's license, ID card, or Person with a Disability ID card;

vi) a paycheck stub;

vii) a utility bill; or

viii) any other proof of residency or other information necessary to establish residence.

B) A person must have been domiciled in this State for a period of 30 days and shall provide evidence of one of the following:

i) The person or persons owning and controlling at least 51% of the proposed license have lived in a Disproportionately Impacted Area for 5 of the preceding 10 years as demonstrated by, but not limited to, tax filings, voter registrations, leases, mortgages, paycheck stubs, utility bills, insurance forms, or school records that include the qualifying principal officers' names on them;

ii) The person or persons owning and controlling at least 51% of the proposed license have been arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction, or adjudication has been sealed or expunged, the applicant shall provide records of that action;

iii) The person or persons owning and controlling at least 51% of the proposed license have had a parent, legal guardian, child or spouse, dependent, or was a dependent of an individual who, prior to June 25, 2019, was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act. If the arrest, conviction or adjudication has been sealed or expunged, the applicant shall provide records of that action. The applicant must also provide evidence of the relationship between the applicant's principal officer or officers and the person who was arrested for, convicted of, or adjudicated delinquent for any offense made eligible for expungement by the Act; or

iv) The applicant employs 10 or more full-time employees, and that 51% or more of those employees currently reside in a Disproportionately Impacted Area; have been arrested for, convicted of, or adjudicated delinquent for any offense that is eligible for expungement under the Act; or are members of an "impacted family" as that term is defined in the Act. The applicant must provide evidence as described in this subsection (d)(16)(B)(iv) for each employee. The applicant shall also provide evidence the employees were engaging in full time work as of the date the application was submitted. If the employee information, or employment status of employees, changes before licenses are awarded, the applicant has a duty to notify the Department of the change in employee information or status.

e)Applicant shall disclose whether any principal officer and/or board member is more than 30 days delinquent in complying with a child support order [5 ILCS 100/10-65(c)].

f) The applicant shall sign a notarized statement certifying that the application is complete and accurate.

Ill. Admin. Code tit. 8, § 1300.510

Added at 44 Ill. Reg. 10364, effective 6/3/2020.