Section 1000.700 Investigations; Administrative Hearings and Penalties
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.
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
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
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.
Department may impose fines not to exceed $50,000 for each violation, for any
violations of the Act or this Part.
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.
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.
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.
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.
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.
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:
application or petition submitted;
written documentation considered by the Department in making its final decision
with respect to the application or petition;
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.
transcript of any administrative hearing and any documents or other evidence
submitted at the hearing.