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TRIBAL CANNABIS COMPLIANCE REGULATIONS

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REGULATION 2

INTER-TRIBAL CANNABIS COMMISSION

ORGANIZATION AND ADMINISTRATION

 

 

2.010     Definitions.

2.020     Delegation to Chair.

2.025     Commission meetings.

2.040     Appearances.

2.045     Recessed meetings.

2.050     Service of notices in general.

2.055     Subpoenas.

2.060     Employee records.

2.065     Procedure for control of evidence.

2.070     Other employees of the ITCC: Employment and discharge; conditions and limitations regarding hearing officers.

 

2.010 Definitions.

1. “Chair” means the Chair of the Inter-Tribal Cannabis Commission or the Chair’s designee.  

 

2. “Meeting” means the gathering of members of the  Commission at which a quorum is present, for the purpose of deliberating toward a decision or making a decision. The term includes, but is not limited to, the consideration of license applications, transfers of interest, and disciplinary proceedings and giving directions to the departments, divisions and agents of the ITCC.

2.020 Delegation to Chair.

1. The Commission hereby delegates to the Chair the authority to issue preliminary rulings on scheduling, procedural, and evidentiary matters, and other matters provided by these regulations, that may be presented to the Commission during the course of conducting a meeting, or that may arise when the Commission is not meeting.

2. The Commission may, upon a majority vote in a specific case, temporarily abrogate the general delegation granted pursuant to subsection 1 of this section.

3. Any specific ruling or decision of the Chair pursuant to subsection 1 of this section is subject to consideration by the entire Commission upon the request of any Commission Member, Advisory Committee member, or upon timely motion of a person affected by the ruling or decision.

4. The Commission shall be deemed to have ratified an action of the Chair taken pursuant to subsection 1, under the following circumstances:

(a) If the Chair’s action occurred during a Commission meeting, the Chair’s action is ratified if the Commission does not overturn or address the action at that meeting.

(b) If the Chair’s action occurred at a time other than during a meeting, if the Commission is notified of the action and does not overturn or address the Chair’s action at the next meeting concerning that particular matter or 180 days have passed since the action and all commission members have received notice of the action at least 3 times, the last time being within 30 days of the end of the 180 day expiration period..

5. The Chair may sign all orders on behalf of the Commission.

6. Where the Commission is a party to civil litigation, the Chair may give guidance regarding the course of the litigation to the attorney for the Commission.

 

2.025 Commission meetings.

1. Except as otherwise specifically provided by these regulations, any member of the Commission may place an item on an ITCC agenda for consideration by the entire Commission.

2. The Chair, or in the Chair’s absence, the remaining Board members, may alter the order in which matters on the ITCC agenda are heard.

3. Requests for special meetings will be granted only upon a showing of exceptional circumstances. The Commission may require that a person requesting a special meeting pay the costs associated with such meeting, in addition to those costs usually assessed against an applicant, licensee, or registrant.

4. Any  ITCC  commissioner may call a special meeting but may be required to pay the costs associated with such a meeting, in addition to those costs usually assessed.

5. Unless otherwise ordered by the Chair, requests for continuances of any matter on the ITCC agenda must be in writing, must set forth in detail the reasons a continuance is necessary, and must be received by the Chair no later than eight calendar days before the meeting.

6. Unless otherwise ordered by the Chair, the original of any documentation supplementing an application or disciplinary action as required by the Commission must be received by the administrative director no later than eight calendar days before the meeting. Documentation not timely received will not be considered by the Commission unless the Commission, in its discretion, otherwise consents. The Chair may defer to another meeting any matter with respect to which documentation has not been timely submitted. The applicant and its enrolled attorney or agent, if any, must appear at the meeting to which the matter is deferred, unless the Commission Chair waives their appearances.

 

2.040 Appearances.

1. Except as provided in subsection 2 or unless an appearance is waived by the Chair, all persons, and their attorneys and agents, if any, must appear at the Commission meeting at which their matter is to be heard. Requests for waivers of appearances must be in writing, must be received by the administration director no later than eight business days before the meeting, and must explain in detail the reasons for requesting the waiver. If at the time of its meeting the Commission has any questions of an applicant, licensee, or registrant who has been granted a waiver and is not present, the matter may be deferred to another meeting of the Commission.

2. Where the Commission is to consider a stipulation between the Commission and a licensee, or registrant settling a disciplinary action and revoking, suspending or conditioning a license, the licensee or registrant shall be prepared to respond on the record to questions regarding the terms of the stipulation and the licensee’s or registrant’s voluntariness in entering into the stipulation.

 

2.045 Recessed meetings. Any meeting of the Commission may be recessed to consider matters which were duly noticed as items on the agenda of that meeting, to such time and place as the Commission may designate. Notice of a recessed meeting to consider matters which were duly noticed as items on the agenda may be given by announcement at the meeting, but where any other matters are to be considered at a recessed meeting, such matters must be duly noticed as required by TCCR 2.050 of these regulations or as otherwise required by statute or by these regulations.

 

2.050 Service of notices in general.

1. Each licensee and applicant shall provide a point of contact to the Commission from the administration division for the purpose of sending notices and other communications from the Commission. The point of contact should be the same person designated in TCCR 5.010.  Each licensee and applicant is required to update this point of contact, including the contact’s electronic mail address, immediately as often as is otherwise necessary. The original provision and subsequent updates of the point of contact shall be made to the Commission’s administration division by means designated by the Chair.  Immediately means no later than 24 hours.

2. Except as otherwise provided by law or in these regulations, notices and other communications will be sent to an applicant or licensee through the point of contact by electronic mail as provided to the Commission for the purpose of sending notices and other communications. Except as otherwise provided by law or in these regulations, notices and other communications sent to the point of contact by electronic mail shall satisfy any requirement to mail a notice or other communication.

3. Notices shall be deemed to have been served on the date the Commission sent such notices to the point of contact’s electronic mail address as provided to the Commission by a licensee or applicant, and the time specified in any such notice shall commence to run from the date of such mailing.

4. Any applicant or licensee who desires to have notices or other communications mailed to a physical address shall file with the Commission a specific request for that purpose, and notices and other communications will, in such case, be sent to the applicant or licensee at such address.

5. An applicant or licensee will be addressed under the name or style designated in the application or license, and separate notices or communications will not be sent to individuals named in such application or license unless a specific request for that purpose is filed with the Commission.  In the absence of such specific request, a notice addressed under the name or style designated in the application or license shall be deemed to be notice to all individuals named in such application or license.

 

2.055 Subpoenas. The Commission or the Department’s designated staff shall have the authority to issue subpoenas and subpoenas duces tecum as provided by these regulations. 

 

 

2.060 Employee records.

1. All records concerning Commission or Department employees maintained by the Commission or Department are confidential.

2. Access to employee records declared confidential by this section shall be allowed only by Commission approval.

2.065 Procedure for control of evidence.

When a Department Agent seizes any article of property, the custodian of evidence for the Department shall place the evidence in a secure facility and enter in a suitable system sufficient information to establish a chain of custody. A failure to comply with this subsection shall not render evidence inadmissible in any proceeding before the Commission or a hearing officer.

 

 

2.070 Other employees of the Commission: Employment and discharge; conditions and limitations regarding hearing officers. 

1. The Commission may employ hearing officers, experts, administrators, attorneys, investigators, consultants and clerical personnel necessary to the discharge of its duties.

2. A hearing officer employed by the Commission shall not act in any other capacity for the Commission or occupy any other position of employment with the Commission or the member Tribe involved in the issue before the hearing officer, and the Commission shall not assign the hearing officer any duties which are unrelated to the duties of a hearing officer.  

3. Each employee of the Commission hired under this regulation is an at-will employee who serves at the pleasure of the Commission. The Commission may discharge an employee of the Commission for any reason that does not violate public policy, including, without limitation, making a false representation to the Commission.

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