Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1300 - CANNABIS REGULATION AND TAX ACT › Subpart G - ENFORCEMENT AND IMMUNITIES › Section 1300.600 - Investigations

Current through Register Vol. 48, No. 28, July 12, 2024
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.