Order to show cause
Sec. 6. (a) Before recommending a denial, suspension, or
revocation of a registration, or before refusing a renewal of
registration, the advisory committee 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 advisory committee 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 advisory committee may recommend suspension, and 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unless sooner withdrawn by the board or dissolved by a court of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 re-registration (who is doing business under
a registration previously granted and not revoked nor suspended) has
applied for re-registration 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 re-registration 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.
Last modified: May 24, 2006