Sec. 39. (a) The commissioner shall initiate an administrative proceeding under this chapter by entering a notice of intent to take a specific act or by entering a summary order. The notice of intent or summary order:
(1) may be entered without notice;
(2) may be entered without opportunity for a hearing;
(3) is not required to be supported by findings of fact or conclusions of law; and
(4) must be in writing.
(b) After entering a notice of intent or summary order, the commissioner shall promptly notify all interested parties that the notice of intent or summary order has been entered and of the reasons for the entry.
(c) If a proceeding is under a notice of intent, the commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice.
(d) If the proceeding is under a summary order, the commissioner shall inform all interested parties that:
(1) the parties have thirty (30) business days from the entry of the order to file with the commissioner a written request for a hearing on the matter; and
(2) a hearing will be scheduled to begin not later than thirty (30) business days after the receipt of a written request.
(e) If the proceeding is under a summary order, the commissioner may, by the commissioner's own motion, set a hearing for the proceeding, whether or not a written request for a hearing is received from an interested party.
As added by P.L.177-1991, SEC.10.
Structure Indiana Code
Title 23. Business and Other Associations
Article 2. Securities and Franchises
Chapter 6. Indiana Commodity Code
23-2-6-1. "Board of Trade" Defined
23-2-6-2. "Commissioner" Defined
23-2-6-5. "Commodity Broker-Dealer" Defined
23-2-6-6. "Commodity Contract" Defined
23-2-6-7. "Commodity Exchange Act" Defined
23-2-6-8. "Commodity Futures Trading Commission" Defined
23-2-6-9. "Commodity Merchant" Defined
23-2-6-10. "Commodity Option" Defined
23-2-6-11. "Commodity Sales Representative" Defined
23-2-6-12. "Financial Institution" Defined
23-2-6-15. "Precious Metal" Defined
23-2-6-17. Limitations; Commodity Contracts or Options
23-2-6-18. Persons Permitted to Offer Transactions Under Ic 23-2-6-17
23-2-6-19. Contracts or Transactions Permitted Under Ic 23-2-6-17
23-2-6-20. Waiver of Requirements; Qualified Sellers; Limitation on Authority to Engage in Business
23-2-6-21. Summary Denial or Suspension of Exemption; Qualified Sellers
23-2-6-23. Registration of Commodity Merchants; Places for Trading Commodities or Options
23-2-6-25. Liability; Violation of Chapter
23-2-6-26. Effect of Chapter on Securities Law
23-2-6-27. Construction and Implementation of Chapter
23-2-6-28. Investigations; Examinations; Hearings; Civil Penalties
23-2-6-29. Cease and Desist Orders; Civil Remedies
23-2-6-30. Violations; Special Remedies
23-2-6-31. Commodity Codes of Other States; Violations; Remedies
23-2-6-32. Bonds; Official Actions
23-2-6-34. Administration of Chapter
23-2-6-35. Cooperation With Other Authorities
23-2-6-36. Rules; Forms; Orders
23-2-6-38. Application of Sections Ic 23-2-6-17, Ic 23-2-6-23, and Ic 23-2-6-24
23-2-6-39. Administrative Proceedings
23-2-6-40. Summary Orders; Final Orders
23-2-6-41. Review; Final Orders of Commissioner