§ 7-11-710 - Administrative proceedings.
SECTION 7-11-710
§ 7-11-710 Administrative proceedings.– (a) The director may commence an administrative proceeding under this chapterby entering a notice of intent to do a contemplated act. The notice of intentmay be entered without notice, without opportunity for hearing, and need not besupported by findings of fact or conclusions of law, but must be in writing.
(b) Upon entry of a notice of intent, the director promptlynotifies, in writing, all parties against whom action is contemplated that thenotice has been entered together with a brief statement of reasons for theentry of the notice of intent. The director sends to all parties against whomaction is contemplated a notice of opportunity for hearing on the mattersdescribed in the notice of intent. The director, upon receipt of a writtenrequest within thirty (30) days of the entry of the notice of intent, shall setthe matter for hearing no more than sixty (60) nor less than twenty (20) daysfrom the receipt of the request for hearing and shall promptly notify theparties of the time and place for hearing.
(c) The director, whether or not a written request for ahearing is received from any interested party, may set the matter down forhearing on the director's own motion.
(d) The director may by order take the action contemplated inthe notice of intent:
(1) Thirty (30) days after the parties against whom action iscontemplated receive notice of the right to request a hearing if that personfails to request a hearing; or
(2) One day following the date set for a hearing requested bya party if the party fails to appear at the hearing.
(e) If a hearing is requested or ordered, the director, afternotice of the opportunity for hearing to all persons against whom action iscontemplated, may modify or vacate the order or extend it until finaldetermination.
(f) For the purpose of conducting any hearing as provided inthis section, the director has the power to call any party to testify underoath at hearings, to require the attendance of witnesses, the production ofbooks, records and papers and to take the depositions of witnesses; and forthat purpose the director is authorized, at the request of the personrequesting a hearing or upon his or her own initiative, to issue a subpoena forany witness or a subpoena duces tecum to compel the production of any books,records, or papers.
(g) A party entitled to a hearing under this section mayappear on his or her own behalf or may be represented by an attorney. A partyhas the right to present all relevant evidence and to examine all opposingwitnesses who appear on any matter relevant to the issues.
(2) Upon written request to another party, any party isentitled to:
(i) Obtain the names and addresses of witnesses who will ormay be called by the other party to testify at the hearing; and
(ii) Inspect and copy any documents or items which the otherparty will or may introduce in evidence at the hearing.
(h) The director passes upon the admissibility of evidenceand may exclude evidence which is incompetent, irrelevant, immaterial, andunduly repetitious.
(i) The director may conduct the hearing, or the director mayappoint a hearing officer to conduct the hearing. A hearing officer has thesame powers and authority in conducting a hearing as the director. The hearingofficer shall be admitted to the practice of law in this state and be possessedof any additional qualifications that the director requires. The director maydirect the hearing officer to submit to the director a written report statingproposed findings of fact and conclusions of law and a recommendation of theaction to be taken by the director. The director may order additional testimonyto be taken or permit the introduction of further documentary evidence.
(j) A final order or order after hearing including entry ofwritten findings of fact and conclusions of law.