Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1291 - CANNABIS REGULATION AND TAX ACT › Section 1291.420 - Conditional License Post Lottery Proof Requirements under Section 15-35.20(c) of the Act

Current through Register Vol. 48, No. 28, July 12, 2024
a) The Department
			 will publish a list of supporting documents (e.g., mortgage statements, bank
			 statement, government-issued identification) that an applicant must submit in
			 order to prove it meets the criteria required in Section
			 1291.410(e)(6)(A)
			 (Criteria A) and Section
			 1291.410(e)(6)(B)
			  (Criteria B) to be issued a conditional
			 license. This list shall be published on the Department's website on the same
			 day the Department opens the application submission window.
b) Top participants shall have 45 calendar
			 days after the day the lottery is certified to submit all required supporting
			 documents to the Department via FPR.CannabisAdministration@illinois.gov or via
			 the State file share system available upon request to the same email
			 address.
c) After a top participant
			 has submitted its supporting documents, the Department has at least 60 calendar
			 days to review the documentation.
d) If the Department determines that the
			 supporting documents are insufficient, the Department shall issue a deficiency
			 notice to that top participant. The top participant shall have 10 business days
			 after the date that appears on the deficiency notice to submit sufficient
			 documentation.
e) If the top
			 participant fails to provide sufficient documents after this deficiency period,
			 the Department shall inform a top participant of its intent to deny the
			 issuance of a conditional license prior to any denial of a conditional
			 license.
f) Top participants shall
			 have 5 business days after the date that appears on the notice of intent to
			 deny to contest the Department's decision. Any contestation must be filed in
			 accordance with 68 Ill. Adm. Code 1110.
g) The Department's final order to either
			 affirm or revoke its intent to deny constitutes a final agency decision and may
			 be appealed under the Administrative Review Law [735 ILCS
			 5/3-101].
h) If the Department informs a top
			 participant of a deficiency or of its intent to deny the issuance of a
			 conditional license because of one of the applicant's principal officers has
			 violated the Act or this Part, the principal officer may resign from the top
			 participant (or another licensee) in order for the top participant to remain
			 eligible for a conditional license. Proof of this resignation shall be
			 submitted to the Department on the form published on the Department's website
			 and submitted in the manner included on that form.
i) If a principal officer of a top
			 participant resigns after that top participant has been notified of the
			 Department's intent to deny, that top participant may not replace the resigned
			 principal officer. If a principal officer of a top participant resigns after
			 that top participant has been notified of the Department's deficiency notice or
			 intent to deny, and that top participant therefore becomes ineligible to meet
			 the requirements of the Act and this Part, the Department shall deny that top
			 participant a conditional license.
j) If the Department affirms its intent to
			 deny, the Department shall deny issuance of a conditional license and proceed
			 to the next to participant as described in Section
			 1291.420.
k) If the Department denies issuance of a
			 conditional license to a top participant, the Department shall notify the next
			 eligible top participant drawn by lot of its opportunity for the conditional
			 license, in accordance with Section
			 1291.405(c).
l) The Department may issue conditional
			 licenses to top participants in the order in which they are received by the
			 Department. Nothing in this subsection (l) prevents the Department from issuing
			 conditional licenses before all top participants have submitted all necessary
			 documentation.
m) If a principal
			 officer of an applicant dies after the submission of any application, and that
			 applicant is then selected as a top participant, the top participant shall
			 present proof of death to the Department. A deceased principal officer may be
			 replaced only if that principal officer was necessary for the top participant
			 to remain eligible to be issued a conditional license. If a necessary principal
			 officer of a top participant dies prior to issuance of the conditional license,
			 the top participant shall have 45 calendar days after the death of that
			 principal officer to submit proof of a replacement principal officer to the
			 Department in order to remain eligible for a conditional license.
n)
The Department shall deny
issuance of a conditional license if it
would result in a single person
			 or entity having a direct or indirect financial interest in more than 10 Early
			 Approval Adult Use Dispensing Organization Licenses,
conditional
			 licenses
, or Adult Use Dispensing Organization Licenses. Any entity
			 that is awarded a
conditional
license that results in a single
			 person or entity having a direct or indirect financial interest in more than 10
			 licenses shall forfeit the most recently issued license and suffer a penalty to
			 be determined by the Department
in accordance with section 15-145 of
			 the Act
, unless the entity declines the license at the time it is
			 awarded.
(Section 15-30(k) of the Act)