Indiana Code 24-4.5-6-120. Notice of charges; requirements; hearing; final order; suspension or prohibition pending final order; official record
(1) be in writing;
Terms Used In Indiana Code 24-4.5-6-120
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(A) the facts constituting the alleged violation, practice, or breach;
(B) the facts alleged in support of the violation, practice, or breach; and
(C) the director’s intention to issue an order under section 122(a) of this chapter;
(3) be delivered to the board of directors of the creditor;
(4) be delivered to the officer, director, or manager to which the notice applies;
(5) specify the procedures that must be followed to initiate a hearing to contest the alleged violation, practice, or breach; and
(6) if the director suspends or prohibits the officer, director, or manager from participation in the affairs of the creditor as described under subsection (e), a statement of the suspension or prohibition.
(b) If a hearing is requested not later than ten (10) days after service of the notice described under subsection (a), the department shall hold a hearing concerning the alleged violation, practice, or breach. The hearing shall be held not later than forty-five (45) days after receipt of the request. The department, based on the evidence presented at the hearing, shall enter a final order in accordance with section 122 of this chapter.
(c) If no hearing is requested within the period of time specified in subsection (b), the director may proceed to issue a final order under section 122 of this chapter on the basis of the facts set forth in the notice described under subsection (a).
(d) An officer, a director, or a manager of a creditor who is removed from a position under a removal order under section 122 of this chapter that has become final may not, without the approval of the director, participate in the conduct of the affairs of a licensee described under IC 24-4.5-3.
(e) The director may, for the protection of the creditor or the interests of the creditor’s customers, suspend from office or prohibit from participation in the affairs of the creditor an officer, a director, or a manager of a creditor who is the subject of a written notice served by the director under section 119(a) of this chapter. A suspension or prohibition under this subsection becomes effective upon service of the notice under section 119(a) of this chapter. Unless stayed by a court in a proceeding authorized by subsection (f), the suspension or prohibition remains in effect pending completion of the proceedings related to the notice served under section 119(a) of this chapter and until the effective date of an order entered by the department under subsection (b) or the director under subsection (c). If the director suspends or prohibits participation of an officer, a director, or a manager under this subsection, copies of the notice shall also be served upon the creditor or affiliate of which the person is an officer, a director, or a manager.
(f) Not more than fifteen (15) days after an officer, a director, or a manager has been suspended from office or prohibited from participation in the conduct of the affairs of the creditor or affiliate under subsection (e), the officer, director, or manager may apply to a court having jurisdiction for a stay of the suspension or prohibition pending completion of the proceedings related to the notice served under section 119(a) of this chapter. The court may stay a suspension of prohibition of the officer, director, or manager.
(g) The department shall maintain an official record of a proceeding under this chapter.
As added by P.L.35-2010, SEC.74. Amended by P.L.176-2019, SEC.24.