§329-35  Order to show cause.  (a) Before denying, suspending, or revoking a registration, or refusing a renewalof registration, the department of public safety shall serve upon the applicantor registrant an order to show cause why registration should not be denied,revoked, or suspended, or why the renewal should not be refused.  The order toshow cause shall contain a statement of the basis therefor and shall call uponthe applicant or registrant to appear before the department of public safety ata time and place not less than thirty days after the date of service of theorder, but in the case of a denial or renewal of registration the show causeorder shall be served not later than thirty days before the expiration of theregistration.  These proceedings shall be conducted in accordance with chapter91 without regard to any criminal prosecution or other proceeding.  Proceedingsto refuse renewal of registration shall not abate the existing registrationwhich shall remain in effect pending the outcome of the administrative hearing.

(b)  The department of public safety maysuspend any registration simultaneously with the institution of proceedingsunder section 329-34, or where renewal of registration is refused, if it findsthat there is an imminent danger to the public health or safety which warrantsthis action.  The suspension shall continue in effect until the conclusion ofthe proceedings, including judicial review thereof, unless sooner withdrawn bythe department of public safety or dissolved by a court of competentjurisdiction.

(c)  The department of public safety maysubpoena and examine witnesses under oath upon all such charges as may bepreferred before it, and the circuit court of the circuit in which the hearingis held shall enforce by appropriate order the attendance and testimony ofwitnesses so subpoenaed. [L 1972, c 10, pt of §1; am L 1986, c 214, §5; am L1990, c 281, §10]