§ 35-48-3-6 — Order to show cause

Indiana § 35-48-3-6

• Jurisdiction: Indiana
• Art. 48: CONTROLLED SUBSTANCES
• Ch. 3: Registration and Control

Text

(a) Before recommending a denial, suspension,
or revocation of a registration, or before refusing a renewal of
registration, the board shall serve upon the applicant or registrant an
order to show cause why registration should not be denied, revoked, or
suspended, or why the renewal should not be denied. The order to show
cause shall contain a statement of the basis therefor and shall call upon
the applicant or registrant to appear before the board at a time and
place not less than thirty (30) days after the date of service of the order,
but in the case of a denial or renewal of registration the show cause
order shall be served not later than thirty (30) days before the
expiration of the registration. These proceedings shall be conducted in
accordance with IC 4-21.5 without regard to any criminal prosecution
or other proceeding. Proceedings to refuse renewal of registration shall
not abate the existing registration, which shall remain in effect pending
the outcome of the administrative hearing.
(b) The board may suspend, without an order to show cause, any
registration simultaneously with the institution of proceedings under
section 4 of this chapter, or where renewal of registration is refused, if
it finds that there is an imminent danger to the public health or safety
which warrants this action. The suspension shall continue in effect until
the conclusion of the proceedings, including judicial review thereof,
unless sooner withdrawn by the board or dissolved by a court of
competent jurisdiction.
(c) If an applicant for reregistration (who is doing business under a
registration previously granted and not revoked nor suspended) has
applied for reregistration at least forty-five (45) days before the date on
which the existing registration is due to expire, the existing registration
of the applicant shall automatically be extended and continue in effect
until the date on which the board so issues its order. The board may
extend any other existing registration under the circumstances
contemplated in this section even though the registrant failed to apply
for reregistration at least forty-five (45) days before expiration of the
existing registration, with or without request by the registrant, if the
board finds that such extension is not inconsistent with the public
health and safety.
As added by Acts 1976, P.L.148, SEC.7. Amended by
P.L.7-1987, SEC.166; P.L.84-2010, SEC.96.