Ill. Admin. Code tit. 86, § 429.135 - Books and Records
a) Every
cultivation center shall keep books and records of
all
salesof medical cannabis, together with
invoices, bills of lading, sales records, copies of bills of
sale,monthlyinventories,
inventories prepared as of December 31 of each year, and other
pertinent papers and documents. [35 ILCS 120/7
]
b)
All books and records
and other papers and documents that are required by
thisSection and the Lawto be kept shall be
kept in the English language and shall, at all times during business hours of
the day, be subject to inspection by the Department or its duly authorized
agents and employees. [35 ILCS 120/7 ] Records shall be
maintained at the physical location of the cultivation center. All books and
records kept by a cultivation center pursuant to rules adopted by the Illinois
Department of Agriculture to implement the Act shall, at all times during
business hours of the day, be subject to inspection by the Department or its
duly authorized agents and employees. The Department shall also have access to
the cultivation center's automated data processing and/or point of sale
system.
c)
Books and
records and other papers reflecting gross receipts received during any period
with respect to which the Department is authorized to issue notices of tax
liability shall,
for
purposesofthis Part, be
preserved until the expiration of that period unless the Department, in
writing, authorizes their destruction or disposal prior to that
expiration. [35 ILCS 120/7 ] However, if the
Department allows a cultivation center to destroy books and records prior to
the expiration of the preservation period, the cultivation center is not
relieved of any obligation to maintain books and records under any rule or
regulation adopted by another State agency to implement the Act.
d) Penalties
1)
Any person who fails to keep books
and records or fails to produce books and records for examination, as required
by this Section, is liable to pay to the Department, for deposit into the Tax
Compliance and Administration Fund, a penalty of:
A)
$1,000 for the first failure to
keep books and record's or produce books and records for examination;
and
B)
$3,000 for
each subsequent failure to keep books and records or produce books and records
for examination.
2)
The penalties imposed under this
subsection (d) shall not apply if the taxpayer shows that it acted with
ordinary business care and prudence. [35 ILCS 120/7
]
Notes
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