§ 35-11-421 — Bond forfeiture proceedings

(a) If the director determines that a performance bond
should be forfeited because of any violation of this act, he
shall, with the approval of the council, make formal request of
the attorney general to begin bond forfeiture proceedings.
(b) The attorney general shall institute proceedings to
forfeit the bond of any operator by providing written notice to
the surety and to the operator that the bond will be forfeited
unless the operator makes written demand to the council within
thirty (30) days after his receipt of notice, requesting a
hearing before the council. If no demand is made by the operator
within thirty (30) days of his receipt of notice, then the
council shall order the bond forfeited.
(c) The council shall hold a hearing within thirty (30)
days after the receipt of the demand by the operator. At the
hearing, the operator may present for the consideration of the
council statements, documents and other information with respect
to the alleged violation. At the conclusion of the hearing, the
council shall either withdraw the notice of violation or enter
an order forfeiting the bond.