Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-4 - Licensee Requirements - Generally › Section 538-X-4-.22 - Disciplinary Action

Current through Register Vol. 42, No. 9, June 28, 2024
Disciplinary measures available to the Commission are as
				follows:
(1) Oral Warning - For the
			 lightest infractions or inadvertences warranting that a matter be brought to
			 the licensee's attention and immediately corrected (either while the inspector
			 is present or prior to the inspector's submission of the report, with proof of
			 correction by the licensee), the Commission, acting through its inspector or
			 other representatives, may communicate an oral warning to the licensee. An oral
			 warning is not included on any permanent record by which the licensee will be
			 judged.
(2) Written Warning. - A
			 written warning is provided in instances where an oral warning has been issued
			 or would not be warranted, but a written reprimand is not appropriate. A
			 written warning is not included in any permanent records by which the licensee
			 will be judged, but it will be maintained by the Commission for a period of one
			 year after its issuance and may be considered in conjunction with other similar
			 violations in determining any discipline that may be appropriate under such
			 other violations during that time.
(3) Reprimand. - A reprimand is a writing
			 from the Commission issued where an oral or written warning has been imposed
			 previously or is not warranted due to the circumstances. Depending on the
			 conduct warranting discipline, a written reprimand may be the least stringent
			 discipline imposed; for willful, reckless, or intentional misconduct, a
			 reprimand is the lowest level of discipline that may be considered. The
			 reprimand shall detail the date, the name of the licensee, the reasons for its
			 issuance and shall be maintained on the records of the licensee for a period
			 not to exceed 10 years and during that time may be considered by the Commission
			 in determining whether renewal of license is appropriate and whether stronger
			 sanctions may be appropriate in the future based on any instances of similar
			 conduct. A reprimand shall accompany any administrative penalty or fine, and
			 any suspension or revocation of license imposed on the licensee.
(4) Administrative Penalties and Fines. -An
			 administrative penalty or fine is appropriate where less stringent discipline
			 has been imposed previously or is not warranted; this level of discipline is
			 particularly appropriate to provide restitution for the licensee's misconduct,
			 to defray the costs of administrative intervention by the Commission, or to
			 emphasize a need to correct misconduct, including willful, reckless, repeated,
			 or intentional misconduct. Administrative penalties and fines must not be
			 imposed arbitrarily, capriciously, or in excessive amounts, but should be
			 imposed justly and fairly to fit the level of the licensee's misconduct. An
			 administrative penalty or fine is the threshold level discipline for a critical
			 violation as defined at subparagraph 4.(b) of Rule 538-X-4-.02 -4, above. A
			 written reprimand must accompany any administrative penalty or fine.
(5) Probation. - Probation, in addition to a
			 reprimand and any administrative penalty or fine, is appropriate when a
			 licensee's conduct warrants that the licensee be placed on notice that any
			 further misconduct warranting a reprimand will result in the nonrenewal,
			 suspension or revocation of the licensee's license. The imposition of probation
			 will be noted on the reprimand and may be imposed for a period not to exceed
			 three years, and it will be accompanied by an appropriate penalty or
			 fine.
(6) Suspension of License. -A
			 suspension of license, involving a temporary restriction on a licensee's
			 ability to lawfully operate its business, is imposed when, for an anticipated
			 period of time, a licensee is or will be ineligible to operate under its
			 license or when, due to the licensee's misconduct (as opposed to a shutdown,
			 which may occur due to events beyond a licensee's control and is not imposed
			 for disciplinary reasons), operation of the business poses a risk to the safety
			 and wellbeing of patients, caregivers, employees or the general public. A
			 notice of suspension may be issued peremptorily, prior to a full investigation,
			 in situations where the Commission has reason to believe that the ongoing
			 operation of the licensee poses such a risk; however, a full investigation and
			 determination should follow as soon as practicable and not more than 30 days
			 from the peremptory notice of suspension. Following the Commission's
			 determination on full investigation, the decision of the Commission shall be
			 deemed a final action, entitling an aggrieved licensee to the rights set forth
			 in§
								20-2A-57(d),
Code of Ala. 1975
, (as amended). A suspension may not
			 be issued for a period longer than one year. A suspension, upon finalization,
			 will be noted on the reprimand issued to the licensee in connection with the
			 misconduct that required the suspension. In most cases, the suspension will
			 include a penalty or fine, and it may involve a period of probation following
			 the suspension.
(7) Revocation of
			 License - The Commission's revocation of license is the most serious
			 disciplinary measure that the Commission, acting on its own, may impose.
			 Revocation should not be imposed arbitrarily or capriciously, but only for
			 grave misconduct by the licensee in contradiction of §
								20-2A-57(a),
Code of Ala. 1975
, (as amended), and usually only upon
			 repeated instances of serious misconduct; or posing a serious risk of loss to
			 property, injury, or death; or involving overtly intentional disregard of the
			 authority of the Commission, the Act, or these Rules. In most instances,
			 revocation will not be imposed until other forms of discipline have been
			 unsuccessful, after the licensee has been provided a fair opportunity to
			 correct its misconduct, and/or a clear pattern of misconduct has become
			 apparent.
(8) Civil Penalties,
			 Restitution and Damages -As warranted, in addition to the disciplinary measures
			 above, the Commission may notify appropriate civil authorities regarding the
			 licensee's misconduct and shall cooperate fully in any civil or administrative
			 proceeding or judgment that may lead to the imposition of civil penalties or
			 exact civil restitution or other damages from the offending licensee or any
			 associated individual or entity.
(9) Criminal Penalties - As warranted, in
			 addition to the disciplinary measures listed above, the Commission may notify
			 appropriate authorities regarding the licensee's misconduct and shall cooperate
			 fully in any criminal investigation that may lead to the imposition of charges
			 and penalties against the licensee or any associated entity or
			 individual.
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.