§ 44-10-901 — Suspension - revocation - fines

(1) In addition to any other
sanctions prescribed by this article 10 or rules promulgated pursuant to this article
10, the state licensing authority or local licensing authority has the power, on its
own motion or on complaint, after investigation and opportunity for a public hearing
at which the licensee must be afforded an opportunity to be heard, to fine a
licensee or to suspend or revoke a license issued by the authority for a violation by
the licensee or by any of the agents or employees of the licensee of the provisions
of this article 10, or any of the rules promulgated pursuant to this article 10, or of
any of the terms, conditions, or provisions of the license issued by the state or local
licensing authority. The state or local licensing authority has the power to
administer oaths and issue subpoenas to require the presence of persons and the
production of papers, books, and records necessary to the determination of a
hearing that the state or local licensing authority is authorized to conduct.

(2) The state or local licensing authority shall provide notice of suspension,
revocation, fine, or other sanction, as well as the required notice of the hearing
pursuant to subsection (1) of this section, by mailing the same in writing to the
licensee at the address contained in the license and, if different, at the last address
furnished to the authority by the licensee. Except in the case of a summary
suspension, a suspension is not for a period longer than six months. If a license is
suspended or revoked, a part of the fees paid therefor are not returned to the
licensee. Any license, registration, or permit may be summarily suspended by the
issuing authority without notice pending any prosecution, investigation, or public
hearing pursuant to the terms of section 24-4-104 (4). Nothing in this section
prevents the summary suspension of a license pursuant to section 24-4-104 (4).
Each patient registered with a medical marijuana store that has had its license
summarily suspended may immediately transfer his or her primary store to another
licensed medical marijuana store.

(3) (a) Whenever a decision of the state or local licensing authority
suspending a license for fourteen days or less becomes final, the licensee may,
before the operative date of the suspension, petition for permission to pay a fine in
lieu of having the license suspended for all or part of the suspension period. Upon
the receipt of the petition, the state or local licensing authority may, in its sole
discretion, stay the proposed suspension and cause any investigation to be made
that it deems desirable and may, in its sole discretion, grant the petition if the state
or local licensing authority is satisfied that:

(I) The public welfare would not be impaired by permitting the licensee to
operate during the period set for suspension and that the payment of the fine will
achieve the desired disciplinary purposes;

(II) The books and records of the licensee are kept in such a manner that the
loss of sales that the licensee would have suffered had the suspension gone into
effect can be determined with reasonable accuracy; and

(III) The licensee has not had his or her license suspended or revoked, nor
had any suspension stayed by payment of a fine, during the two years immediately
preceding the date of the motion or complaint that resulted in a final decision to
suspend the license or permit.

(b) The fine accepted must be not less than five hundred dollars nor more
than one hundred thousand dollars.

(c) Payment of a fine pursuant to the provisions of this subsection (3) must
be in the form of cash or in the form of a certified check or cashier's check made
payable to the state or local licensing authority, whichever is appropriate.

(4) Upon payment of the fine pursuant to subsection (3) of this section, the
state licensing authority shall enter its further order permanently staying the
imposition of the suspension. Fines paid to the state licensing authority pursuant to
subsection (3) of this section are transmitted to the state treasurer, who shall credit
the same to the general fund.

(5) In connection with a petition pursuant to subsection (3) of this section,
the authority of the state or local licensing authority is limited to the granting of
such stays as are necessary for the authority to complete its investigation and
make its findings and, if the authority makes such findings, to the granting of an
order permanently staying the imposition of the entire suspension or that portion of
the suspension not otherwise conditionally stayed.

(6) If the state or local licensing authority does not make the findings
required in subsection (3)(a) of this section and does not order the suspension
permanently stayed, the suspension goes into effect on the operative date finally
set by the state or local licensing authority.

(7) Each local licensing authority shall report all actions taken to impose
fines, suspensions, and revocations to the state licensing authority in a manner
required by the state licensing authority. No later than January 15 of each year, the
state licensing authority shall compile a report of the preceding year's actions in
which fines, suspensions, or revocations were imposed by the state licensing
authority. The state licensing authority shall file one copy of the report with the
chief clerk of the house of representatives, one copy with the secretary of the
senate, and six copies in the joint legislative library.

Legislative History

Source: L. 2019: Entire article added with relocations, (SB 19-224), ch. 315, p. 2929, � 5, effective January 1, 2020.