2021 Indiana Code
Title 23. Business and Other Associations
Article 2.5. Loan Brokers
Chapter 11. Violations and Civil Enforcement
23-2.5-11-5. Notice Before Final Order

Sec. 5. (a) Except as provided in subsection (b), the commissioner may not enter a final order:

(1) denying, suspending, or revoking the license of an applicant or a licensee; or

(2) imposing another sanction;

without prior notice to all interested parties, opportunity for a hearing, and written findings of fact and conclusions of law.

(b) The commissioner may, by summary order, deny, suspend, or revoke a license:

(1) pending final determination of a proceeding under this chapter; or

(2) before a proceeding is initiated under this chapter.

(c) Upon the entry of a summary order under subsection (b), the commissioner shall promptly notify all interested parties:

(1) that the summary order has been entered;

(2) of the reasons for the summary order; and

(3) that, upon receipt by the commissioner of a written request from a party, the matter will be set for hearing to commence not later than forty-five (45) business days after the commissioner's receipt of the request.

(d) If a hearing:

(1) is not requested under subsection (c); and

(2) is not ordered by the commissioner;

the summary order remains in effect until the summary order is modified or vacated by the commissioner.

(e) If a hearing is requested under subsection (c) or ordered by the commissioner, the commissioner may:

(1) after notice of the hearing has been given to all interested persons; and

(2) the hearing has been held;

modify or vacate the summary order or extend the summary order until final determination is made.

As added by P.L.175-2019, SEC.2. Amended by P.L.211-2019, SEC.31.