Ch. 12, § 4. Summary Suspension

(a) An IC may recommend that the Commission summarily suspend a license at any time when the IC or Commission staff believes emergency action to suspend the license is necessary to protect the public health, safety, or welfare (b) The IC shall notify the licensee of its intent to recommend summary suspension. The Notice of Intent shall contain: (i) A copy of the complaint, if any; (ii) A description of the grounds for the summary suspension recommendation; and (iii) Notice that an expedited summary suspension proceeding shall be set at the earliest opportunity a quorum of Commission members may be assembled. (c) When the date and time of the summary suspension hearing is set, the Commission staff shall notify the licensee of the date and time of the proceeding by mailing written notice and emailing electronic notice to the licensee's mailing and email addresses. (d) The scope of the expedited summary suspension proceeding shall be limited to a presentation of the information the IC believes warrants summary suspension and any information the licensee may present on his or her behalf. (e) Hearing Format. (i) The IC shall describe the allegations that it believes warrant emergency action against the licensee. (ii) The IC shall present information that demonstrates probable cause that the allegations are true. (iii) The IC shall explain why the emergency action is necessary to public health, safety, or welfare. (iv) The licensee, if present, may present any information demonstrating that the allegations are not true or that, even if the allegations are true, emergency action is not necessary to protect the public health, safety, or welfare. (f) The Commission may order summary suspension if it concludes that probable cause exists that the allegations are true and that emergency action is necessary to protect the public health, safety, or welfare. The Commission shall incorporate a finding to that effect in its order granting summary suspension. (g) No summary suspension shall be effective until the Commission has adopted a written order incorporating the reasons justifying its decision. (h) The Commission shall enter a written order granting or denying summary suspension at the summary suspension proceeding or within seven days after the proceeding. The Commission shall send the order to the licensee by U.S. mail and by email. (i) Post-Deprivation Hearing. (i) A licensee may request a post-deprivation hearing within ten days from the date the summary suspension order is entered. (ii) If a licensee requests a post-deprivation hearing, the Commission shall conduct it within 30 days of the licensee's request and notify the licensee of the date, time, and location of the hearing. (iii) Post-deprivation hearings shall be conducted in the same manner as summary suspension proceedings as articulated in Section 4(e) of this chapter. The sole issue before the Commission at a post-deprivation hearing shall be whether the IC's allegations imperatively require emergency action to protect the public health, safety, and welfare. The Commission shall affirm its decision to summarily suspend a license, and issue a written order to that effect, if it concludes that the IC has proven the allegations by a preponderance of the evidence and that the allegations imperatively require emergency action to protect the public health, safety, or welfare. (j) Unless earlier terminated by the Commission or a petition for discipline is filed under Section 6 of this chapter, summary suspensions shall lapse 180 days after the written order granting summary suspension is entered under subsection (h) of this section.