75-89-37 - Procedure for administrative proceedings; notice and hearing.
§ 75-89-37. Procedure for administrative proceedings; notice and hearing.
(1) The administrator shall commence an administrative proceeding under this chapter by entering either a notice of intent to take administrative action or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing and need not be supported by findings of fact or conclusions of law, but must be in writing.
(2) Upon entry of a notice of intent or summary order, the administrator shall promptly notify the party against whom the notice of intent or summary order is entered that the notice of intent or summary order has been entered and the reasons therefor. The administrator shall also inform the party against whom the notice or summary order is entered that a written request for a hearing on the matters set forth in the notice of intent or summary order must be filed with the administrator within thirty (30) calendar days from receipt of a certified copy of the notice of intent or summary order.
(3) If the proceeding is pursuant to a summary order, the administrator, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the administrator's own motion.
(4) If no hearing is requested within the requisite period of time and none is ordered by the administrator, the notice of intent or summary order will become final upon entry of an appropriate order.
(5) If a hearing is requested or ordered, the administrator shall give notice to the party against whom the notice or summary order has been entered of the date, time and place of the hearing. The administrator shall promulgate rules governing the procedure for conducting the hearing and for entering the appropriate final order thereafter. However, no final order or other order after the hearing may be entered without:
(a) Appropriate notice to the party or parties against whom the notice of intent or summary order has been entered;
(b) Opportunity for hearing by the party or parties against whom the notice of intent or summary order has been entered; and
(c) Entry of written findings of fact and conclusions of law.
Sources: Laws, 1993, ch. 319, § 19, eff from and after July 1, 1993.