§ 63-2-325. Denial, suspension or revocation of license or permit - Grounds - Order to show cause - Administrative proceeding - Suspension without order to show cause.

A.  A license or permit, obtained pursuant to Sections 5 or 6 of this act, shall be denied, suspended, or revoked by the Director upon finding that the licensee or permit holder has:

1.  Materially falsified any application filed pursuant to this act or required by this act;

2.  Been convicted of a misdemeanor relating to any precursor substance defined in Section 4 of this act or any felony under the laws of this state or the United States; or

3.  Failed to maintain effective controls against the diversion of said precursors to unauthorized persons or entities.

B.  Before denying, suspending, or revoking a license or permit, the Director shall cause to be served upon the applicant, licensee, or permit holder an order to show cause why a license or a permit should not be denied, suspended, or revoked.  The order to show cause shall contain a statement of the basis therefor and shall call upon the applicant, licensee, or permit holder to appear before the appropriate person or agency at the time and place within thirty (30) days after the date of service of the order.  The proceedings shall be conducted in accordance with the Administrative Procedures Act without regard to any criminal prosecution or other proceeding.

C.  The Director shall suspend, without an order to show cause, any license or permit simultaneously with the institution of proceedings described in subsection B of this section if he finds there is imminent danger to the public health or safety which warrants this action.  The suspension shall continue in effect until the conclusion of the proceedings, including judicial review thereof, unless withdrawn by the Director or dissolved by a court of competent jurisdiction.

Added by Laws 1990, c. 220, § 7, eff. Sept. 1, 1990.