(A) Employee badge required
(1) Each licensee shall
ensure all of the following associated individuals obtain an employee badge
from the division of cannabis control prior to commencement of
business:
(a) Any administrator or individual responsible for the
daily operation of the facility;
(b) All owners, officers, and board members, of the
licensee; and
(c) All employees and agents of the licensee.
(2) Each licensee shall
ensure all associated individuals outlined under paragraph (A)(1) of this rule
are appropriately designated as follows:
(a) Responsible party:
(i) Prior to the issuance
or renewal of a certificate of operation, each licensee shall designate at
least one, but not more than three individuals to serve as the licensee's
responsible party.
(ii) The designated
responsible party will manage the facility's daily operations and ensure
compliance with all standard operating procedures.
(iii) A responsible party
is to be physically present at the licensed premises at least twenty hours per
week and be immediately available to communicate with facility staff or the
division during any operating hours when they are not physically
present.
(b) Owner or officer:
Any and all owners, officers, and board members of the
licensee.
(c) Employee:
All other employees and agents of the licensee.
(B) Prior to petitioning the division for
an employee badge, each licensee shall:
(1) Complete a thorough
background evaluation to confirm the applicant does not have a disqualifying
offense, as defined by rule 1301:18-1-01 of the Administrative Code;
and
(2) Submit a receipt or
transaction number confirming that the applicant submitted the following to the
Ohio bureau of criminal identification as required by sections 3780.08 and
3796.12 of the Revised Code:
(a) A complete and accurate application for:
(i) An Ohio bureau of
criminal identification records check; and
(ii) A federal bureau of
criminal identification records check.
(b) Two fingerprint impressions; and
(c) Clearly indicated that both records checks be sent
directly to the division.
(C) Application for employee
badge
Pursuant to the application process, each licensee shall submit the
following to the division on behalf of the applicant:
(1) A complete and
accurate application on a form prescribed by the division evidencing the
following applicant information:
(a) Full legal name;
(b) The applicant's intended employee
designation, as outlined under paragraph (A)(2) of this rule;
(c) Telephone number that may be utilized
during normal business hours;
(d) Electronic mail address; and
(e) Mailing address.
(f) All information provided must be in
working order and readily available to receive voice messages, electronic
messages, or other communication as applicable.
(2) The applicant
submitted fingerprint impressions to the Ohio bureau of criminal identification
for an Ohio and federal bureau of criminal identification records checks;
(3) The applicant
does not have a disqualifying offense, as defined by rule 1301:18-1-01 of the
Administrative Code;
(4) A copy of the
applicant's valid, unexpired government issued photographic identification
evidencing that the applicant is at least twenty-one years of age;
(5) A clear,
recognizable photographic headshot of the applicant, captured within the past
six months of the date of submission;
(6) The business
name and license number for any associated cultivator, processor, testing
laboratory, or dispensary at which the applicant seeks employment;
(7) Individuals who
have been a resident of the state of Ohio continuously for the past five years
may apply for expedited renewal if the applicant consents for enrollment in the
Ohio attorney general's retained applicant fingerprint database
("Rapback"), or other third-party database as determined by the
division, that monitors publicly available databases for arrests and criminal
convictions; and
(8) The
non-refundable application fee as outlined under rule 1301:18-2-09 of the
Administrative Code.
(D) Provisional employee
badge
(1) Upon receipt of a
complete application, the division will issue the applicant a provisional
employee badge.
(a) Each licensee shall print the applicant's
provisional employee badge and ensure the applicant maintains the card on their
person while conducting any business within the scope of their
employment.
(b) The applicant may then immediately commence business at
the associated licensee.
(c) Unless otherwise authorized by this rule, an
applicant's provisional employee badge expires ninety calendar days after
the date of issuance.
(2) A licensee may
petition the division to extend an applicant's provisional employee badge
for an additional ninety calendar days all of the following are
met:
(a) The licensee submitted the extension request within ten
business days of the provisional employee badge expiration;
(b) The licensee and applicant fulfilled all application
requirements outlined under this rule; and
(c) Evidence that the licensee would suffer immediate
irreparable harm should the extension be denied.
(E) Division review of
application.
(1) During the pendency
of the provisional employee badge, the division will review the employee badge
application and accompanying Ohio and federal criminal identification records
checks.
(2) After review of the
application, the division may:
(a) Approve the application and issue a badge
certificate;
(b) Deny the application; or
(c) Advise the licensee in writing that the applicant
failed to meet all application requirements.
(3) Each licensee shall
print the applicant's employee badge certificate and ensure the individual
maintains the card on their person while engaged in any activity within the
scope of their employment.
Each licensee shall ensure all employee badge certificates
prevent unauthorized duplication of the badge.
(4) An employee badge
certificate shall expire two years after the date of issuance.
(F) Deficiencies in
applications.
(1) Upon determination by
the division that a licensed entity failed to meet all requirements of
paragraph (C) of this rule, the division will notify the associated licensed
entity in writing of all deficiencies contained within the
application.
(2) Within ten business
days of receipt of written notification from the division, the licensee shall
ensure that all deficiencies outlined are alleviated and submit any further
documentation requested by the division.
(3) Should a licensee
fail to cure all application deficiencies, the application shall be deemed
abandoned.
(G) Failure to comply with application
requirements.
Should a licensee fail to ensure all requirements of this rule are
met, the division shall abandon the application and the licensee shall forfeit
any non-refundable fee submitted to the division.
(H) Denial of application
required.
The division shall deny an application for an employee badge
pursuant to any of the following:
(1) The applicant was
convicted of a disqualifying offense; or
(2) The applicant is
not at least twenty-one years of age or older.
(I) Notification
requirements.
(1) Each licensee shall
notify the division of any of the following:
(a) Any employee badge that is lost, destroyed, stolen is
to be immediately reported.
(b) Any modifications or changes to any information
contained within their employee badge application within five business days of
such change;
(c) A change of a designated responsible party within ten
calendar days of the effective date of the appointment of a new designated
responsible party.
(2) An individual
registered pursuant to this rule arrested for activities that, if convicted,
would constitute a disqualifying offense as defined by rule 1301:18-1-01 shall
immediately notify the division.
If the associated licensed entity has knowledge of such arrest,
it shall notify the division.
(3) In the event an
individual is no longer employed or associated with a licensee, the licensee
shall update all accompanying information provided to the division, within one
business day and ensure that the employee badge certificate is returned and
destroyed upon separation.
(J) Employee badge renewal.
(1) Pursuant to the
renewal process, the licensed entity shall submit the following to the division
on behalf of the applicant prior to the badge's expiration:
(a) A complete and accurate renewal application in a manner
prescribed by the division; and
(b) The non-refundable renewal fee as outlined under rule
1301:18-2-09 of the Administrative Code.
(K) An individual whose employee badge
was revoked, and any individual whose actions directly caused a license
entity's license revocation, is precluded from applying for an employee
identification for at least five years from the date of revocation or final
judicial decision upon of an order of revocation.
