Section 905 IAC 1-48-12 - Procedure on denialAuthority: IC 7.1-2-3-7; IC 7.1-7-3-3
Affected: IC 7.1-7
Sec. 12.
(a) If an initial or renewal application for an e-liquid manufacturing permit is denied by the commission, the commission shall give written notice of the action to the applicant.(b) Upon receipt of notice of the commission's action, the applicant shall have fifteen (15) days to file:(1) a petition for administrative appeal; and(2) a brief objecting to the commission's action.(c) The brief shall state any basis on which the applicant believes the application was denied in error.(d) The commission shall provide for one (1) automatic extension of the fifteen (15) day period at the request of the applicant if made within the original fifteen (15) days.(e) Failure of the applicant to file objections within the fifteen (15) day period shall constitute a waiver of any administrative appeal from the commission's action.(f) At the discretion of the commission, a hearing may be conducted by the full commission, any individual member of the commission, or a duly authorized agent of the commission.(g) The commission may conduct a prehearing conference. The hearing judge for the prehearing conference shall set the time and place of the conference and give reasonable notice to the applicant.(h) The hearing officer shall set the time and place of the hearing on the denial and give reasonable notice to the applicant. At the hearing, the applicant may present evidence by presenting testimony, under oath or affirmation, documentary evidence, or written evidence.(i) If the decision by the commission is ultimately appealed by the applicant, the hearing officer may consider any evidence presented in the original investigation, the commission hearing, or at the appeal hearing.(j) If the appeal is based on the denial of an application for renewal of an existing license, the applicant may request an extension of the life of the license to allow him or her to continue operating pending the appeal procedure.(k) Following the hearing, the hearing officer shall issue proposed findings of fact, conclusions of law, and order to the commission for its final approval.(l) Such proposed findings of fact, conclusions of law, and final order shall be served on the applicant for the applicant's written objection, which is due to the commission within fifteen (15) days of the receipt of the proposed findings of fact, conclusions of law, and final order by the applicant.(m) At the conclusion of the time for receipt of written objections, the commission shall approve, deny, or modify the proposed findings of fact, conclusions of law, and final order.(n) In the case of denial of an application, the commission shall inform the applicant that its decision may be subject to judicial review. Alcohol and Tobacco Commission; 905 IAC 1-48-12; filed 12/29/2016, 3:49 p.m.: 20170125-IR-905160326FRA