Illinois Administrative Code › Title 8 - AGRICULTURE AND ANIMALS › Part 1000 - COMPASSIONATE USE OF MEDICAL CANNABIS PILOT PROGRAM › Subpart D - CULTIVATION CENTER AGENTS/AGENTS-IN-CHARGE › Section 1000.320 - Cultivation Center Agent-in-Charge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every cultivation center shall designate,
				at a minimum, one agent-in-charge. Except as provided in subsection (h),
				maintaining an agent-in-charge is a continuing requirement for a valid
				cultivation center permit.
b) Every
				cultivation center agent-in-charge shall have a valid current cultivation
				center agent identification card applied for by the cultivation center and
				issued by the Department, as set forth in Section
				1000.300,
				designating that individual as an agent-in-charge. The application for the
				identification card with the agent-in-charge designation shall include
				authorization from a principal officer or board member of the cultivation
				center granting the designation.
c)
				The agent-in-charge shall be a full-time officer or employee of the cultivation
				center and shall participate in cultivation center affairs. Participation in
				cultivation center affairs includes, but is not limited to, responsibility for
				the overall operation of the cultivation center. Participation in cultivation
				center affairs also includes the responsibility of the agent-in-charge for
				maintaining all files subject to audit or inspection by the Department. These
				files shall be located within Illinois.
d) The agent-in-charge is responsible for
				notifying the Department, on forms provided by the Department, of any change of
				information required to be reported in any application for registration within
				10 work days after the change.
e)
				The agent-in-charge is responsible for maintaining the good standing of the
				permittee organization with the Secretary of State, if applicable, and for
				maintaining its authorization to conduct business in Illinois, if
				applicable.
f) In determining
				whether an agent-in-charge participates in cultivation center affairs, the
				Department may consider the responsibilities identified in this Section, the
				number of employees under the direct supervision of the agent-in-charge, and
				the employment relationship between the agent-in-charge and the cultivation
				center, including the existence of a contract for employment and any other
				relevant fact or circumstance.
g)
				The agent-in-charge is responsible for notifying the Department, on forms
				provided by the Department, of a change in the employment status of all
				cultivation center agents, and the nature and reason for the status change,
				within 10 work days after the change.
h) Upon written request by an officer or
				board member of the cultivation center, within 10 days after the loss of an
				agent-in-charge due to the death or incapacity of that individual or
				termination of the employment of that individual, the Department shall issue a
				temporary certificate of authority allowing the continuing operation of the
				cultivation center. No temporary certificate of authority shall be valid for
				more than 90 days. An extension of an additional 90 days may be granted upon
				written request by the representative of the cultivation center. Not more than
				2 extensions may be granted to any cultivation center. No temporary permit
				shall be issued for loss of the agent-in-charge because of disciplinary action
				by the Department related to his or her conduct on behalf of the cultivation
				center.
i) The cultivation center
				agent-in-charge identification card shall expire annually on the date it was
				issued. The cultivation center shall renew the agent-in-charge identification
				card annually. The Department shall review the cultivation center's compliance
				history when determining whether to grant the request to renew.
j) A cultivation center shall submit a full
				set of fingerprints, in the electronic format outlined in the Act and this
				Part, with the agent-in-charge's annual identification card renewal.