Sec. 22. (a) If the board determines that a person that is not licensed or exempt under this chapter is engaged in activities that require a license, the board may send a notice of hearing requiring the person to show cause why the challenged activities are not a violation of this chapter. The notice must be in writing and include the following information:

(1) The date, time, and place of the hearing.

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Terms Used In Indiana Code 25-30-1-22

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Board: refers to the private investigator and security guard licensing board established under section 5. See Indiana Code 25-30-1-2
  • 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
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Person: means an individual, a firm, a company, an association, an organization, a partnership, or a corporation. See Indiana Code 25-30-1-2
  • Probate: Proving a will
(2) The alleged violation.

(3) That the affected person or the person’s representative may present evidence concerning the alleged violation.

     (b) A hearing conducted under this section must comply with the requirements under IC 4-21.5.

     (c) If the board after a hearing determines that the activities that the person engaged in are subject to licensing under this chapter, the board may issue a cease and desist order that describes the person and activities that are the subject of the order.

     (d) A cease and desist order issued under this section is enforceable in the circuit courts, superior courts, and probate courts of Indiana.

     (e) The attorney general, the board, or the prosecuting attorney of any county where a violation of section 21(b) of this chapter occurs may file an action in the name of the state for an injunction.

As added by P.L.214-1993, SEC.79. Amended by P.L.185-2007, SEC.26; P.L.84-2016, SEC.111.

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