Mich. Admin. Code R. 420.808a - Exclusion
Rule 8a.
(1) A
person may be excluded from employment at, or participation in, a marihuana
business upon a finding of any of the following:
(a) The person, while employed by a marihuana
business, has engaged in conduct that is in violation of the acts or these
rules that could negatively impact public health, safety, and
welfare.
(b) The person is included
on any valid and current exclusion list from another jurisdiction in the United
States if the basis for the person's inclusion on the exclusion list would also
be grounds for exclusion as set forth in this rule.
(c) The person has been convicted of
distribution of a controlled substance to a minor in any
jurisdiction.
(2) Upon a
determination that a person comes under any of the criteria for exclusion, the
person may be deemed a subject for exclusion and the agency shall file a notice
of exclusion. The notice must include all of the following information:
(a) The identity of the subject.
(b) A factual statement including the
circumstances or reasons that the person should be placed on the exclusion
list.
(c) A recommendation as to
whether the exclusion or ejection is permanent.
(3) The notice shall also inform the person
of the availability of a hearing in compliance with R 420.704a.
(4) The notice shall be served upon the
person the agency is seeking to exclude either by personal delivery or by
certified mail, postage prepaid.
(5) If a hearing is not requested, then the
agency shall place the person on the exclusion list.
(6) If the notice of exclusion provides for a
temporary exclusion, then the agency shall set the term of the temporary
exclusion.
(a) A temporary exclusion may not
be less than 6 months.
(b) A
temporary exclusion only applies to a person excluded for criteria related to
conduct.
(c) All other exclusions
are permanent.
(7) The
exclusion list must be a public record made available to licensees by the
agency and must include information deemed necessary by the agency to
facilitate identification of the person placed on the exclusion list.
(8) A person who is placed on the exclusion
list or served with a notice of exclusion is prohibited from being employed by
or participating in a marihuana business until a determination by the agency or
a court to the contrary.
(9) A
marihuana business shall exclude a person from the business that it knows or
reasonably should know is on the exclusion list.
(10) Failure by a marihuana business to
exclude a person that it knows or reasonably should know is on the exclusion
list may subject the marihuana business to disciplinary proceedings.
Notes
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