Hearings - review - rules.

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(1) Except as otherwise provided in this section, all proceedings before the commission with respect to the denial, suspension, or revocation of licenses or the imposition of fines shall be conducted pursuant to the provisions of sections 24-4104 and 24-4-105.

  1. The proceedings shall be held in the county where the commission has its office or insuch other place as the commission may designate. The commission shall notify the applicant or licensee by mailing by first-class mail a copy of the written notice required to the last address furnished by the applicant or licensee to the commission.

  2. (a) The commission may delegate its authority to conduct hearings and impose discipline with respect to the denial or suspension of licenses or the imposition of a fine to the division, through its board of stewards or judges, or a hearing officer. Proceedings before the division, through its board of stewards or judges, or a hearing officer shall not be governed by the procedural or other requirements of sections 24-4-104 and 24-4-105, but rather shall be conducted in accordance with rules adopted by the commission.

(b) The commission may direct that any hearing be conducted before an administrative law judge appointed pursuant to part 10 of article 30 of title 24.

  1. The commission, the division, through its board of stewards or judges, and any hearing officer shall have the authority to administer oaths and affirmations, sign and issue subpoenas and order the production of documents and other evidence, and regulate the course of the hearing, pursuant to rules adopted by the commission.

  2. Any party aggrieved by a final order or ruling issued by the division, through itsboard of stewards or judges, or a hearing officer shall have a right to appeal the order or ruling to the commission, pursuant to procedural rules that shall be adopted by the commission. The aggrieved party may petition the commission for a stay of execution pending appeal to the commission.

Source: L. 2018: Entire article added with relocations, (HB 18-1024), ch. 26, p. 304, § 2, effective October 1.

Editor's note: This section is similar to former § 12-60-508 as it existed prior to 2018.


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