§ 23-2-6-39 — Administrative proceedings

Indiana § 23-2-6-39

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 2: SECURITIES AND FRANCHISES
• Ch. 6: Indiana Commodity Code

Text

(a) The commissioner shall initiate an
administrative proceeding under this chapter by entering a notice of
intent to take a specific act or by entering a summary order. The notice
of intent or summary order:
(1) may be entered without notice;
(2) may be entered without opportunity for a hearing;
(3) is not required to be supported by findings of fact or
conclusions of law; and
(4) must be in writing.
(b) After entering a notice of intent or summary order, the
commissioner shall promptly notify all interested parties that the notice
of intent or summary order has been entered and of the reasons for the
entry.
(c) If a proceeding is under a notice of intent, the commissioner
shall inform all interested parties of the date, time, and place set for the
hearing on the notice.
(d) If the proceeding is under a summary order, the commissioner
shall inform all interested parties that:
(1) the parties have thirty (30) business days from the entry of the
order to file with the commissioner a written request for a hearing
on the matter; and
(2) a hearing will be scheduled to begin not later than thirty (30)
business days after the receipt of a written request.
(e) If the proceeding is under a summary order, the commissioner
may, by the commissioner's own motion, set a hearing for the
proceeding, whether or not a written request for a hearing is received
from an interested party.

Legislative History

As added by P.L.177-1991, SEC.10.