Current through Vol. 24-19, November 1, 2024
Section R. 420.802 - Notification and reportingRule 2.
(1) Licensees have a continuing duty to provide the agency with up-to-date contact information and shall notify the agency in writing of any changes to the mailing addresses, phone numbers, electronic mail addresses, and other contact information they provide the agency.(2) Licensees shall report to the agency any changes to the marihuana business operations that are required in the acts and these rules, as applicable.(3) Licensees shall report to the agency any proposed material changes to the marihuana business before making a material change. A proposed material change is any action that would result in alterations or changes being made to the marihuana business to effectuate the desired outcome of a material change. Material changes, include, but are not limited to, the following: (a) Change in owners, officers, members, or managers.(b) Change of processing machinery or equipment.(c) The addition or removal of a person named in the application or disclosed.(d) Change in entity name.(e) Any attempted transfer, sale, or other conveyance of an interest in a marihuana license.(f) Any change or modification to the marihuana business before or after licensure that was not preinspected, inspected, or part of the marihuana business location plan or final inspection, including, but not limited to, all of the following: (i) Operational or method changes requiring inspection under these rules.(ii) Additions or reductions in equipment or processes.(iii) Increase or decrease in the size or capacity of the marihuana business.(iv) Alterations of ingress or egress.(v) Changes that impact security, fire safety, and building safety.(4) A licensee shall notify the agency within 3 business days of becoming aware or within 3 business days of when the licensee should have been aware of any of the following: (a) Criminal convictions, charges, or civil judgments against a licensee in this state or any other state, federal, or foreign jurisdiction.(b) Regulatory disciplinary action taken or determined against a licensee by this state or any other state, federal, or foreign jurisdiction, including any pending action.(c) Action by another party in violation of the acts or these rules.(d) Action by an employee in violation of the acts or these rules.(5) The licensee shall notify the agency within 10 business days of the initiation or conclusion of any new judgments, lawsuits, legal proceedings, charges, or government investigations, whether initiated, pending, or concluded, that involve the licensee.(6) The licensee shall notify the agency within 10 business days of receiving notification of an alleged violation of an ordinance or a zoning regulation adopted pursuant to section 205 of the MMFLA, MCL 333.27205, or section 6 of the MRTMA, MCL 333.27956, committed by the licensee, but only if the violation relates to activities licensed under the acts, the Michigan Medical Marihuana Act, and these rules.(7) The licensee shall notify the agency within 10 business days of amending or terminating a licensing or management agreement that constitutes a material change to the marijuana business.(8) The licensee shall notify the agency within 10 business days of the appointment of a court-appointed personal representative, guardian, conservator, receiver, or trustee of the licensee.(9) The licensee shall notify the agency when an employee has been disciplined or removed from his or her position for misconduct related to marihuana sales or transfers.(10) The licensee shall notify the agency and the BFS within 1 business day following the occurrence of an unwanted fire.(11) Failure to timely provide notifications or reports to the agency pursuant to this rule may result in sanctions or fines, or both.Mich. Admin. Code R. 420.802
2020 AACS; 2022 MR 5, Eff. 3/7/2022