Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 501.000 - Medical Use Marijuana › Section 501.800 - Suitability Standard for Licensure and Registration

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 94G, §§
			 4(a)(xii), (xiv), 21(a)(ii) and M.G.L. c. 941, the Commission may make, in an
			 exercise of its discretion, a suitability or cure determination based on a
			 factual basis.
(2) The Commission
			 may also delegate suitability determinations to the Executive Director, who may
			 appoint a Suitability Review Committee (Committee) to advise the Executive
			 Director.
(3) All suitability
			 determinations will be made in accordance with the procedures set forth in 935
			 CMR 501.800.
(4)
Suitability Review Process
.
(a) Designated Enforcement staff (staff)
			 shall conduct background checks and gather information and evidence applicable
			 to a subject's suitability and make a recommendation as to suitability and, as
			 appropriate, a cure. Staff may make an adverse suitability recommendation on
			 finding information and evidence that would result in a Mandatory
			 Disqualification, Presumptive Negative Suitability Determination or that would
			 support a Negative Suitability Recommendation.
(b) Before making an adverse suitability
			 recommendation, staff shall consult with the Executive Director or the
			 Executive Director's delegee(s). The Executive Director may dispose of the
			 matter or direct the Committee to institute a review of suitability or take any
			 action consistent with M.G.L. c. 94G.
(c) If the Executive Director institutes a
			 suitability review, the staff shall send the written notice of an adverse
			 suitability recommendation that identifies the Person subject to suitability
			 review, the particular offenses or conduct relied on and whether that the
			 offenses or conduct results in a Mandatory Disqualification or Presumptive
			 Negative Suitability Determination, or supports a Negative Suitability
			 Recommendation, and reasons for that determination.
(d) The notice of an adverse suitability
			 recommendation shall provide an opportunity to cure the suitability issue by
			 removing the subject from its application. To the extent that an applicant can
			 propose a cure, for example, by removing a subject from an application, the
			 cure shall be done in a manner determined by the Commission.
(e) The notice of an adverse suitability
			 recommendation shall provide the subject with the opportunity to request an
			 informal proceeding before the Suitability Review Committee.
(f) A request for an informal proceeding
			 shall be submitted in a form and manner determined by the Commission and no
			 later than 14 business days following the effective date of the adverse
			 suitability recommendation. Requests received after 14 business days may be
			 considered at the discretion of the Executive Director or the
			 Committee.
(g) On notification of
			 an adverse suitability recommendation and receipt of an informal proceeding
			 request, the Committee shall initiate a proceeding, make a recommendation
			 and/or take other action(s) after consultation with the Executive
			 Director.
(h) If an applicant or a
			 subject does not make a timely request for an informal proceeding before the
			 Committee, the Executive Director may forward the adverse suitability
			 recommendation to the Committee for a review, make a suitability determination,
			 or take any action consistent with M.G.L. c. 94G.