Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart H - ENFORCEMENT › Section 1000.700 - Investigations; Administrative Hearings and Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a) Any hearing conducted by the Department
				pursuant to the Act shall be conducted in accordance with the Department's
				rules applicable to formal administrative proceedings (8 Ill. Adm. Code
				1.Subparts A and B). All such hearings shall be held in Springfield, Illinois
				or such other location as mutually agreed to by the Department and the other
				party.
b) The Department or its
				designee may conduct an investigation for the purpose of investigating an
				applicant or application, a cultivation center, cultivation center agent,
				agent-in-charge or any other party for an alleged violation of the Act or this
				Part or to determine qualifications to be granted a permit or registration by
				the Department.
c) The Department
				may require an applicant, cultivation center, or cultivation center agent or
				agent-in-charge to produce relevant documents, records or any other material
				pertinent to the investigation of alleged violations of the Act or this Part.
				Failure to provide that material shall be grounds for disciplinary
				action.
d) Notwithstanding any
				other criminal penalties related to the unlawful possession of cannabis, the
				Department may revoke, suspend, place on probation, reprimand, issue cease and
				desist orders, refuse to issue or renew a registration or permit, or take any
				other disciplinary or non-disciplinary action as the Department may deem proper
				with regard to a permitted cultivation center or cultivation center agent or
				agent-in-charge.
e) The Department
				may impose fines not to exceed $50,000 for each violation, for any violations
				of the Act or this Part.
f)
				Violation of any provision of the Act or this Part, or failure to comply with
				any standard or special conditions of the issued permit, may result in a notice
				of intent to suspend or revoke a cultivation center permit or the registration
				of a cultivation center agent or agent-in-charge.
g) The Department shall, before refusing to
				issue or renew a permit or agent registration or seeking to discipline a
				permittee or cultivation center agent or agent-in-charge, at least 30 days
				before the date set for the hearing, notify in writing the applicant,
				cultivation center, or cultivation center agent or agent-in-charge of the
				charges made and 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 cultivation center's physical
				address.
h) 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.
i) The Department may temporarily suspend a
				permittee or cultivation center agent or agent-in-charge without a hearing,
				simultaneously with the institution of proceedings for a hearing, if the
				Department finds that the public interest, safety or welfare requires emergency
				action. In the event that the Department temporarily suspends a permittee or
				agent without a hearing, a hearing shall be held within 30 days after the
				suspension has occurred. The suspended party may seek a continuance of the
				hearing, during which the suspension shall remain in effect. The proceeding
				shall be concluded without appreciable delay. If the Department does not hold a
				hearing within 30 days after the date of the suspension, and the permittee or
				agent has not requested a continuance, the permit shall be automatically
				reinstated.
j) In appropriate
				cases, the Department may resolve a complaint against a permittee or agent
				through the issuance of a Consent to Administrative Supervision order. A
				permittee or agent subject to a Consent to Administrative Supervision order
				shall be considered by the Department as an active permittee or agent in good
				standing. This order shall not be reported or considered by the Department to
				be a discipline of the permittee 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.
k) The respondent in any contested case may
				request reconsideration of any part or all of the decision of the
				administrative law judge on any petition or may request the Director to stay
				the effective date of any administrative action for a specific period or for an
				indefinite period. A petition for reconsideration or stay of action shall be
				submitted within 30 days after the date of the administrative law judge's
				decision on the case. A petition for reconsideration or stay of action
				submitted later than 30 days after the date of the decision involved shall be
				denied as untimely.
l) All final
				administrative decisions of the Department are subject to judicial review under
				the Administrative Review Law and its rules. The term "administrative decision"
				is defined in Section 3-101 of the Code of Civil Procedure.
m) Immediately upon the suspension,
				revocation or reinstatement of a permit, the Department shall make written
				notification to the ISP, DFPR and Department of Revenue of the status of the
				permit. If the suspension or revocation involves suspected criminal activity,
				the Department shall make available to ISP all documents or electronic
				communications involving the suspected criminal activity. If suspected criminal
				activity is confirmed or independently discovered by ISP, notification will be
				made to the Department.
n) If any
				final Department action is appealed in Circuit Court pursuant to this Section,
				the record on review shall include the following:
1) The application or petition
				submitted;
2) Any written
				documentation considered by the Department in making its final decision with
				respect to the application or petition;
3) Any written correspondence between the
				Department and the person or entity submitting the application or petition,
				provided that the correspondence either played a material role in the final
				decision rendered by the Department; made a material argument to the Department
				with respect to the application or petition; or would be helpful to the Circuit
				Court in reviewing the matter because the correspondence provides helpful
				procedural background.
4) The
				transcript of any administrative hearing and any documents or other evidence
				submitted at the hearing.