Sec. 39. (a) The commissioner shall initiate an administrative proceeding under this chapter by entering a notice of intent to take a specific act or by entering a summary order. The notice of intent or summary order:

(1) may be entered without notice;

(2) may be entered without opportunity for a hearing;

(3) is not required to be supported by findings of fact or conclusions of law; and

(4) must be in writing.

     (b) After entering a notice of intent or summary order, the commissioner shall promptly notify all interested parties that the notice of intent or summary order has been entered and of the reasons for the entry.

     (c) If a proceeding is under a notice of intent, the commissioner shall inform all interested parties of the date, time, and place set for the hearing on the notice.

     (d) If the proceeding is under a summary order, the commissioner shall inform all interested parties that:

(1) the parties have thirty (30) business days from the entry of the order to file with the commissioner a written request for a hearing on the matter; and

(2) a hearing will be scheduled to begin not later than thirty (30) business days after the receipt of a written request.

     (e) If the proceeding is under a summary order, the commissioner may, by the commissioner’s own motion, set a hearing for the proceeding, whether or not a written request for a hearing is received from an interested party.

As added by P.L.177-1991, SEC.10.