Rule 42.39.504 - SUSPENSION AND REVOCATION OF A LICENSE(1) The department may suspend a license for any period of time not to exceed one year.(2) The department shall revoke the license or licenses of a licensee that commits the offenses stated in 16-12-109(5), MCA, and for a marijuana testing laboratory, the offenses stated in 16-12-202(9), MCA. The department may revoke the license or licenses of a licensee that commits other violations of the marijuana laws.(3) When determining the length of suspension or whether to revoke a license or licenses, the department shall consider aggravating and mitigating circumstances and the severity of the violation or violations as set forth in ARM 42.39.503.(4) A license suspension shall be effective at each licensed premises that is the subject of the violation or violations resulting in the suspension. (5) During a suspension, a licensee and its employees may not operate the licensed premises that is subject to the suspension. The suspended licensee may not sell, deliver, service, remove, transport, or receive marijuana or marijuana products or otherwise engage in business from the licensed premises. The department may negotiate terms with a licensee to prevent the potential loss of marijuana or marijuana products during a suspension. (6) During a suspension, a licensee and its employees must obey the marijuana laws, including compliance with the tax and reporting laws provided in 15-64-102 through 15-64-106, MCA.(7) A suspended licensed premises remains subject to inspection under 16-12-210, MCA.(8) If a license is due for renewal during a suspension, a licensee must submit a renewal application including payment of applicable fees to avoid lapse of the license. The department shall not approve a renewal application with respect to the suspended licensed premises until the suspension has expired. (9) If the department receives an application for renewal during a suspension, the time allowances in 16-12-104, MCA, will not begin with respect to the suspended licensed premises until the suspension expires. (10) A suspension does not alter a license's renewal date. (11) The department shall inspect all suspended licensed premises before a licensee can resume operations. (12) When a license has been revoked, the department shall not accept an application from the person or persons qualified for licensure pursuant to 16-12-109(6), MCA, for three years from the date of revocation. After the three-year moratorium, an application will only be accepted if the applicant demonstrates to the department that sufficient steps have been taken to prevent future violations of the marijuana laws.Mont. Admin. r. 42.39.504
NEW, 2021 MAR p. 1964, Eff. 1/1/2022AUTH: 16-12-112, 16-12-210, MCA; IMP: 16-12-210, MCA