Sec. 15-145. Grounds for discipline.
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Sec. 15-145. Grounds for discipline.
(a)The Department may deny issuance, refuse to renew or restore, or may reprimand, place on probation, suspend, revoke, or take other disciplinary or nondisciplinary action against any license or agent identification card or may impose a fine for any of the following:
(1)Material misstatement in furnishing information to the Department;
(2)Violations of this Act or rules;
(3)Obtaining an authorization or license by fraud or misrepresentation;
(4)A pattern of conduct that demonstrates incompetence or that the applicant has
engaged in conduct or actions that would constitute grounds for discipline under this Act;
(5)Aiding or assisting another person in violating any provision of this Act or rules;
(6)Failing to respond to a written request for information by the Department within 30
days;
(7)Engaging in unprofessional, dishonorable, or unethical conduct of a character likely
to deceive, defraud, or harm the public;
(8)Adverse action by another United States jurisdiction or foreign nation;
(9)A finding by the Department that the licensee, after having his or her license
placed on suspended or probationary status, has violated the terms of the suspension or probation;
(10)Conviction, entry of a plea of guilty, nolo contendere, or the equivalent in a
State or federal court of a principal officer or agent-in-charge of a felony offense in accordance with Sections 2105-131, 2105-135, and 2105-205 of the Department of Professional Regulation Law of the Civil Administrative Code of Illinois;
(11)Excessive use of or addiction to alcohol, narcotics, stimulants, or any other
chemical agent or drug;
(12)A finding by the Department of a discrepancy in a Department audit of cannabis;
(13)A finding by the Department of a discrepancy in a Department audit of capital or
funds;
(14)A finding by the Department of acceptance of cannabis from a source other than an
Adult Use Cultivation Center, craft grower, infuser, or transporting organization licensed by the Department of Agriculture, or a dispensing organization licensed by the Department;
(15)An inability to operate using reasonable judgment, skill, or safety due to physical
or mental illness or other impairment or disability, including, without limitation, deterioration through the aging process or loss of motor skills or mental incompetence;
(16)Failing to report to the Department within the time frames established, or if not
identified, 14 days, of any adverse action taken against the dispensing organization or an agent by a licensing jurisdiction in any state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency or any court defined in this Section;
(17)Any violation of the dispensing organization's policies and procedures submitted to
the Department annually as a condition for licensure;
(18)Failure to inform the Department of any change of address within 10 business days;
(19)Disclosing customer names, personal information, or protected health information in
violation of any State or federal law;
(20)Operating a dispensary before obtaining a license from the Department;
(21)Performing duties authorized by this Act prior to receiving a license to perform
such duties;
(22)Dispensing cannabis when prohibited by this Act or rules;
(23)Any fact or condition that, if it had existed at the time of the original
application for the license, would have warranted the denial of the license;
(24)Permitting a person without a valid agent identification card to perform licensed
activities under this Act;
(25)Failure to assign an agent-in-charge as required by this Article;
(26)Failure to provide the training required by paragraph
(3)of subsection
(i)of
Section 15-40 within the provided timeframe;
(27)Personnel insufficient in number or unqualified in training or experience to
properly operate the dispensary business;
(28)Any pattern of activity that causes a harmful impact on the community; and
(29)Failing to prevent diversion, theft, or loss of cannabis.
(b)All fines and fees imposed under this Section shall be paid within 60 days after the effective date of the order imposing the fine or as otherwise specified in the order.
(c)A circuit court order establishing that an agent-in-charge or principal officer holding an agent identification card is subject to involuntary admission as that term is defined in Section 1-119 or 1-119.1 of the Mental Health and Developmental Disabilities Code shall operate as a suspension of that card.