If, in a proceeding to suspend, revoke, or otherwise discipline a marijuana establishment license under 3 AAC 306.809, 3 AAC 306.810, or 3 AAC 306.836, evidence shows that an employee or agent of a licensed marijuana establishment was responsible for an act that would justify suspension, revocation, or other discipline of the marijuana establishment's license if committed by a licensee, the board may find that the licensee knowingly allowed the act if

1. (1) the licensee

   1. (A) was physically present when the violation occurred;
   2. (B) knew or should have known the violation was occurring; and
   3. (C) did not take action to stop the violation;
2. (2) the licensee failed to adequately supervise the employee or agent;
3. (3) the licensee failed to adequately train the employee or agent on the requirements of AS 17.38 and this chapter relating to marijuana; or
4. (4) the licensee was reckless or careless in hiring the employee or agent.

(Eff. 7/23/2023, Register 247)

Authority: AS 17.38.010, AS 17.38.131, AS 17.38.200, AS 17.38.070, AS 17.38.150, AS 17.38.900, AS 17.38.121, AS 17.38.190