Code of Massachusetts Regulations › 935 CMR - Cannabis Control Commission › Title 935 CMR 500.000 - Adult Use of Marijuana › Section 500.800 - 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), and 21(a), 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 500.800.
(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 or entity 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.