75-76-39 - Hearing on exclusion or ejection.
§ 75-76-39. Hearing on exclusion or ejection.
(1) Within thirty (30) days after service by mail or in person or sixty (60) days after the last publication, the person named may demand a hearing before the commission and show cause why he should have his name taken from such a list. Failure to demand a hearing within the time allotted in this section precludes the person from having an administrative hearing but in no way affects his right to petition for judicial review as provided in paragraph (b) of subsection (3) of this section.
(2) Upon receipt of a demand for hearing, the commission shall set a time and place for the hearing. This hearing must not be held later than thirty (30) days after receipt of the demand for the hearing, unless the time of the hearing is changed by agreement of the commission and the person demanding the hearing.
(3) If, upon completion of the hearing, the commission determines that:
(a) The regulation does not or should not apply to the person so listed, the commission shall notify all persons licensed of its determination.
(b) Placing the person on the exclusion or ejection list was proper, the commission shall make and enter in its minutes an order to that effect. This order is subject to review by any court of competent jurisdiction.
Sources: Laws, 1990 Ex Sess, ch. 45, § 20, eff from and after passage (approved June 29, 1990).