7.1-3-23-34. Final Action of Commission
Sec. 34. Final Action of Commission. The commission shall take final action within ten (10) days after the hearing and enter an appropriate order in the matter and shall notify the applicant, or permittee, of its action by registered mail. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.
7.1-3-23-35. Court Review Available
Sec. 35. Court Review Available. The applicant, or permittee, within ten (10) days of the receipt of the commission’s notice of final action, may appeal to the circuit or superior court of Marion County, from the final order of the commission denying, suspending, or revoking his manufacturer’s or wholesaler’s permit of any type. However, an […]
7.1-3-23-36. Initiation of Appeal
Sec. 36. Initiation of Appeal. The appeal shall be taken by the applicant, or permittee, by filing written notice of his intention to appeal from the final order of the commission to the appropriate court, and by filing a bond with the commission in the penal sum of one thousand dollars ($1,000), conditioned that he […]
7.1-3-23-37. Appeal Bond
Sec. 37. Appeal Bond. The appeal bond filed with the commission by an applicant, or permittee, shall be a corporate bond secured by a surety company duly authorized to do business in Indiana, or by freehold sureties, shown by verification or otherwise, to be worth in unencumbered real estate located within the county of the […]
7.1-3-23-38. Transmission of Record
Sec. 38. Transmission of Record. The commission, within ten (10) days after the filing of the notice of appeal and the appeal bond with the commission, shall transmit the papers, files, written evidence and the transcript of the hearing, to the clerk of the court to which the appeal is taken. The entire contents of […]
7.1-3-23-39. Stay of Suspension or Revocation; General Rule
Sec. 39. Stay of Suspension or Revocation: General Rule. The final order of revocation or suspension entered by the commission shall be stayed for ten (10) days from the date of the final order whenever a manufacturer’s or wholesaler’s permit of any type is revoked or suspended for more than fifteen (15) days by order […]
7.1-3-23-40. Stay Pending Appeal
Sec. 40. Stay Pending Appeal. The final order of suspension or revocation shall be stayed, when the proper procedures for taking an appeal have been complied with, until the appeal has been disposed of finally, or until the appeal has been dismissed for lack of prosecution. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.
7.1-3-23-41. Trial
Sec. 41. Trial. The action shall be entered upon the civil docket of the court to which the appeal is taken naming the appellant applicant, or permittee, as plaintiff, and the commission as defendant. No formal pleadings shall be required and the case shall be set for hearing by the court, without a jury, as […]
7.1-3-23-42. Continued Operations During Stay
Sec. 42. A permittee during the period that the order of suspension or revocation is stayed under section 39 or 40 of this chapter shall be fully authorized and entitled to continue to do business under the permittee’s permit as though the permittee’s permit had not been suspended or revoked and without being liable in […]
7.1-3-23-43. Suspension of Permit for Failure to Pay Seller of Permit
Sec. 43. (a) The commission may suspend the permit of a permit holder if: (1) the permit holder has not paid the person who sold the permit to the permit holder in accordance with the terms of the sale; (2) the seller of the permit receives a judgment against the permit holder in an action […]