Who is a "managerial employee of the applicant?"

"Managerial employee" is not a term defined in the MMFLA although it is used as  part of the definition of the term “applicant”. Considering the context in which this term is used, the Department intends to apply this term to those employees who have the ability to control and direct the affairs of the marihuana facility and/or have the ability to make policy concerning the marihuana facility. An employee who has supervisory duties, meaning those employees that carry out policy but don't set or make policy or have the ability to control or direct the affairs of the marihuana facility, do not fall within the context of a “managerial employee” in the MMFLA. Additionally, an employee who has the title of "manager" is not a "managerial employee" in the context of the MMFLA if they do not have the ability to control or direct the affairs of the marihuana facility and/or they do not have the ability to set policy concerning the marihuana facility.