Section 1000.700  Investigations; Administrative Hearings and Penalties

a)         Any 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.

b)         The 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 the Department.

c)         The 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 action.

d)         Notwithstanding 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.

e)         The Department may impose fines not to exceed $50,000 for each violation, for any violations of the Act or this Part.

f)         Violation 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.

g)         The 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.

i)          The 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.

k)         The 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.

l)          All 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.

m)        Immediately 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:

1)         The application or petition submitted;

2)         Any written documentation considered by the Department in making its final decision with respect to the application or petition;

3)         Any 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.

4)         The transcript of any administrative hearing and any documents or other evidence submitted at the hearing.