Ill. Admin. Code tit. 8 § 1300.600

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

Section 1300.600 - Investigations

a) The Department or its designee may conduct an investigation for the purpose of investigating an applicant or application, a cultivation center, a craft grower, an infuser, a transporter, their agents, or any other party for an alleged violation of the Act or this Part or to determine qualifications to be granted a license or ID card by the Department.

b) The Department may require an applicant, a cultivation center, a craft grower, an infuser, a transporter, and/or their agents, to produce relevant documents, records or any other material pertinent to the investigation of alleged violations of the Act or this Part or to determine qualifications to be granted a license or ID card by the Department. Failure to provide that material shall be grounds for refusal to issue license or ID card, and may be grounds for license or ID card suspension or revocation.

c) Notwithstanding any other criminal penalties related to the unlawful possession of cannabis, the Department may suspend, place on probation, reprimand, issue cease and desist orders, refuse to issue or renew, or revoke a license or ID card, or take any other disciplinary or non-disciplinary action as the Department may deem proper with regards to the requirements of the Act.

d) The Department will, before refusing to issue or renew a license or ID card or before seeking to discipline a licensee or agent, set a hearing date and at least 30 days prior to the hearing, provide written notice of the charges made and notice of the time and place for the hearing on the charges. The written notice may be served by delivery personally to the accused, or by mailing the notice by registered or certified mail to the physical address on record. This provision does not apply to emergency situations as described in Section 1300.610(b).

e) At any point in any investigation or disciplinary proceeding provided for in the Act and this Section, both parties may agree to a negotiated consent order. The consent order shall be final upon signature of both parties.

f) In appropriate cases, the Department may resolve a complaint against a licensee, or agent through the issuance of a Consent to Administrative Supervision order. A licensee or agent subject to a Consent to Administrative Supervision order shall be considered by the Department as an active licensee or agent in good standing. This order shall not be reported or considered by the Department to be a discipline of the licensee or agent. The records regarding an investigation and a Consent to Administrative Supervision order shall be considered confidential and shall not be released by the Department except as mandated by law. A complainant shall be notified if his or her complaint has been resolved by a Consent to Administrative Supervision order.

g) In the case where an entity that is not licensed under the Act, violates the Act, the Department may refer the matter to the Illinois Attorney General's Office, and/or to the local States Attorney's office for injunctive relief, other civil relief and/or criminal prosecution.

Ill. Admin. Code tit. 8, § 1300.600

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