Ohio Admin. Code 1301:18-3-09 - Employee badges
(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.
Notes
Promulgated Under: 119.03
Statutory Authority: 3780.03, 3796.03
Rule Amplifies: 3780.03, 3780.08, 3780.17, 3796.03, 3796.12, 3796.13
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