Section R. 420.808a - ExclusionRule 8a.
(1) A person may be excluded from employment at, or participation in, a marihuana business upon a finding of any of the following: (a) The person, while employed by a marihuana business, has engaged in conduct that is in violation of the acts or these rules that could negatively impact public health, safety, and welfare.(b) The person is included on any valid and current exclusion list from another jurisdiction in the United States if the basis for the person's inclusion on the exclusion list would also be grounds for exclusion as set forth in this rule.(c) The person has been convicted of distribution of a controlled substance to a minor in any jurisdiction.(2) Upon a determination that a person comes under any of the criteria for exclusion, the person may be deemed a subject for exclusion and the agency shall file a notice of exclusion. The notice must include all of the following information: (a) The identity of the subject.(b) A factual statement including the circumstances or reasons that the person should be placed on the exclusion list.(c) A recommendation as to whether the exclusion or ejection is permanent.(3) The notice shall also inform the person of the availability of a hearing in compliance with R 420.704a.(4) The notice shall be served upon the person the agency is seeking to exclude either by personal delivery or by certified mail, postage prepaid.(5) If a hearing is not requested, then the agency shall place the person on the exclusion list.(6) If the notice of exclusion provides for a temporary exclusion, then the agency shall set the term of the temporary exclusion.(a) A temporary exclusion may not be less than 6 months.(b) A temporary exclusion only applies to a person excluded for criteria related to conduct.(c) All other exclusions are permanent.(7) The exclusion list must be a public record made available to licensees by the agency and must include information deemed necessary by the agency to facilitate identification of the person placed on the exclusion list.(8) A person who is placed on the exclusion list or served with a notice of exclusion is prohibited from being employed by or participating in a marihuana business until a determination by the agency or a court to the contrary.(9) A marihuana business shall exclude a person from the business that it knows or reasonably should know is on the exclusion list.(10) Failure by a marihuana business to exclude a person that it knows or reasonably should know is on the exclusion list may subject the marihuana business to disciplinary proceedings.Mich. Admin. Code R. 420.808a