Section 1000.320  Cultivation Center Agent-in-Charge

a)         Every cultivation center shall designate, at a minimum, one agent-in-charge. Except as provided in subsection (h), maintaining an agent-in-charge is a continuing requirement for a valid cultivation center permit. 

b)         Every cultivation center agent-in-charge shall have a valid current cultivation center agent identification card applied for by the cultivation center and issued by the Department, as set forth in Section 1000.300, designating that individual as an agent-in-charge.  The application for the identification card with the agent-in-charge designation shall include authorization from a principal officer or board member of the cultivation center granting the designation.

c)         The agent-in-charge shall be a full-time officer or employee of the cultivation center and shall participate in cultivation center affairs.  Participation in cultivation center affairs includes, but is not limited to, responsibility for the overall operation of the cultivation center.  Participation in cultivation center affairs also includes the responsibility of the agent-in-charge for maintaining all files subject to audit or inspection by the Department. These files shall be located within Illinois.

d)         The agent-in-charge is responsible for notifying the Department, on forms provided by the Department, of any change of information required to be reported in any application for registration within 10 work days after the change.

e)         The agent-in-charge is responsible for maintaining the good standing of the permittee organization with the Secretary of State, if applicable, and for maintaining its authorization to conduct business in Illinois, if applicable.

f)         In determining whether an agent-in-charge participates in cultivation center affairs, the Department may consider the responsibilities identified in this Section, the number of employees under the direct supervision of the agent-in-charge, and the employment relationship between the agent-in-charge and the cultivation center, including the existence of a contract for employment and any other relevant fact or circumstance.

g)         The agent-in-charge is responsible for notifying the Department, on forms provided by the Department, of a change in the employment status of all cultivation center agents, and the nature and reason for the status change, within 10 work days after the change.

h)         Upon written request by an officer or board member of the cultivation center, within 10 days after the loss of an agent-in-charge due to the death or incapacity of that individual or termination of the employment of that individual, the Department shall issue a temporary certificate of authority allowing the continuing operation of the cultivation center. No temporary certificate of authority shall be valid for more than 90 days. An extension of an additional 90 days may be granted upon written request by the representative of the cultivation center. Not more than 2 extensions may be granted to any cultivation center. No temporary permit shall be issued for loss of the agent-in-charge because of disciplinary action by the Department related to his or her conduct on behalf of the cultivation center.

i)          The cultivation center agent-in-charge identification card shall expire annually on the date it was issued.  The cultivation center shall renew the agent-in-charge identification card annually.  The Department shall review the cultivation center's compliance history when determining whether to grant the request to renew.

j)          A cultivation center shall submit a full set of fingerprints, in the electronic format outlined in the Act and this Part, with the agent-in-charge's annual identification card renewal.