§ 19-28.1-25 - Hearings and judicial review.
SECTION 19-28.1-25
§ 19-28.1-25 Hearings and judicial review.– (a) Except as provided by subsection (c), the director may not enter an orderunder § 19-28.1-18 or 19-28.1-19 without appropriate prior notice to allnamed persons, opportunity for hearing and written findings of fact andconclusion of law.
(b) Notice required by this act is sufficient if deliveredpersonally, or if sent by registered or certified mail and addressed to theperson, or the person's attorney of record at the person's or attorney's lastknown address appearing in the records of the director. Notice served inaccordance with § 19-28.1-28 is also sufficient.
(c) A person named in an order may apply to the director fora hearing in respect to any matter determined by the order within 30 days afterthe director has summarily issued an order. A hearing shall be held withinthirty (30) days after the director receives a written request for a hearingunless extended by mutual consent of the parties. During the pendency of anyhearing requested under this subsection, the order issued summarily shallremain in effect unless vacated or modified by the director.
(d) After a hearing, the director may issue a final order.The final order may affirm, vacate or modify an order issued summarily ineffect during the pendency of the hearing, or may include such other sanctionsas are provided for under § 19-28.1-18. An order issued summarily againsta person becomes a final order if the person fails to request a hearing undersubsection (c) or if the person defaults after requesting a hearing.
(e) Hearings and rehearings shall be public.
(f) Hearings and other official acts of the director aresubject to judicial review and will be made in accordance with chapter 35 oftitle 42.
(g) Orders originally entered without a hearing under §19-28.1-18 or 19-28.1-19 may be reviewed only if the person seeking review hasrequested a hearing within the time provided by subsection (b). Petition forreview under this subsection may be filed only after service of the orderfinally disposing of the person's request for a hearing under subsection (b).