Indiana § 26-3-7-17.1 Possible violations; powers of director; procedures

Indiana Statutes

§ 26-3-7-17.1 — Possible violations; powers of director; procedures

Indiana § 26-3-7-17.1

Title 26COMMERCIAL LAW

Art. 3WAREHOUSES

Ch. 7Indiana Grain Buyers and Warehouse Licensing and

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Bluebook

Ind. Code § 26-3-7-17.1 (2026).

Text

1.

(a)Whenever the director, as a result of an inspection or otherwise, has reasonable cause to believe that a person to which this chapter is or may be applicable:

(1)is conducting business contrary to this chapter or in an unauthorized manner; or

(2)has failed, neglected, or refused to observe or comply with any order, rule, or published policy statement of the agency; then the director may undertake any one (1) of the actions prescribed by this section.

(b)Upon learning of the possibility that a licensee is acting as described in subsection (a), the director or the director's designated representative may seek an informal meeting with the licensee. At that meeting, which must be held at a time and place agreed to by the licensee and the director, the director or the director's desig

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1. (a) Whenever the director, as a result of
an inspection or otherwise, has reasonable cause to believe that a
person to which this chapter is or may be applicable:
(1) is conducting business contrary to this chapter or in an
unauthorized manner; or
(2) has failed, neglected, or refused to observe or comply with any
order, rule, or published policy statement of the agency;
then the director may undertake any one (1) of the actions prescribed
by this section.
(b) Upon learning of the possibility that a licensee is acting as
described in subsection (a), the director or the director's designated
representative may seek an informal meeting with the licensee. At that
meeting, which must be held at a time and place agreed to by the
licensee and the director, the director or the director's designated
representative shall discuss the possible violations and may enter into
a consent agreement with the licensee under which the licensee agrees
to undertake, or to cease, the activities that were the subject of the
meeting. The consent agreement must:
(1) provide for a time frame within which the licensee must be in
compliance; and
(2) state in detail the requirements that must be met to be in
compliance, including the requirements under section 31.2(b) of
this chapter.
(c) Upon learning of the possibility that a person is acting as
described in subsection (a), the director or the director's designated
representative, except as otherwise provided in this subsection, shall
hold a hearing to determine whether a cease and desist order should
issue against a licensee or an unlicensed person undertaking activities
covered by this chapter. If the director or the director's designated
representative determines that the violation or the prohibited practice
is likely to cause immediate insolvency or irreparable harm to
depositors, the director or the director's designated representative,
without notice, shall issue a cease and desist order requiring the person
to cease and desist from that violation or practice. The order shall
become effective upon service on the person and shall remain effective
and enforceable pending the completion of all administrative
proceedings.
(d) Upon a determination, after a hearing held by the director or the
director's designated representative, that a person is acting as described
in subsection (a), the director shall revoke or deny a license. If the
director revokes or denies a license, the director shall publish notice of
the revocation or denial as provided in section 17.5 of this chapter.
As added by Acts 1979, P.L.249, SEC.12. Amended by
P.L.191-1991, SEC.10; P.L.125-1997, SEC.38; P.L.145-2017, SEC.9;
P.L.114-2025, SEC.27.