Ind. Code § 23-2.5-11-5

Current through P.L. 171-2024
Section 23-2.5-11-5 - Notice before final order
(a) Except as provided in subsection (b), the commissioner may not enter a final order:
(1) denying, suspending, or revoking the license of an applicant or a licensee; or
(2) imposing another sanction;

without prior notice to all interested parties, opportunity for a hearing, and written findings of fact and conclusions of law.

(b) The commissioner may, by summary order, deny, suspend, or revoke a license:
(1) pending final determination of a proceeding under this chapter; or
(2) before a proceeding is initiated under this chapter.
(c) Upon the entry of a summary order under subsection (b), the commissioner shall promptly notify all interested parties:
(1) that the summary order has been entered;
(2) of the reasons for the summary order; and
(3) that, upon receipt by the commissioner of a written request from a party, the matter will be set for hearing to commence not later than forty-five (45) business days after the commissioner's receipt of the request.
(d) If a hearing:
(1) is not requested under subsection (c); and
(2) is not ordered by the commissioner;

the summary order remains in effect until the summary order is modified or vacated by the commissioner.

(e) If a hearing is requested under subsection (c) or ordered by the commissioner, the commissioner may:
(1) after notice of the hearing has been given to all interested persons; and
(2) the hearing has been held;

modify or vacate the summary order or extend the summary order until final determination is made.

IC 23-2.5-11-5

Amended by P.L. 211-2019,SEC. 31, eff. 7/1/2019.
Added by P.L. 175-2019,SEC. 2, eff. 7/1/2019.