(1) The commission may issue an order summarily suspending a person's work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the permit holder.
(2) The order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the order shall be deemed a complaint.
(3) An order of summary suspension must be signed by at least two (2) members of the commission.
(4) The person whose work permit is summarily suspended:
(a) Has a right to a hearing on the order. The commission shall schedule a hearing within five (5) days after receipt of the person's notice of defense.
(b) Must file a notice of defense within thirty (30) days after the effective date of the emergency order. Failure to timely file this notice waives his rights to a hearing before the commission and to judicial review of the final decision.
(5) All affirmative defenses must be specifically stated in the notice of defense, and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
(6) Except as otherwise provided in this section, the procedures for a disciplinary action in Sections 75-76-103 through 75-76-119, inclusive, must be followed.
Sources: Laws, 1990 Ex Sess, ch. 45, § 68, eff from and after passage (approved June 29, 1990).
(1) The commission may issue an order summarily suspending a person's work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the permit holder.
(2) The order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the order shall be deemed a complaint.
(3) An order of summary suspension must be signed by at least two (2) members of the commission.
(4) The person whose work permit is summarily suspended:
(a) Has a right to a hearing on the order. The commission shall schedule a hearing within five (5) days after receipt of the person's notice of defense.
(b) Must file a notice of defense within thirty (30) days after the effective date of the emergency order. Failure to timely file this notice waives his rights to a hearing before the commission and to judicial review of the final decision.
(5) All affirmative defenses must be specifically stated in the notice of defense, and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
(6) Except as otherwise provided in this section, the procedures for a disciplinary action in Sections 75-76-103 through 75-76-119, inclusive, must be followed.
Sources: Laws, 1990 Ex Sess, ch. 45, § 68, eff from and after passage (approved June 29, 1990).
(1) The commission may issue an order summarily suspending a person's work permit upon a finding that the suspension is necessary for the immediate preservation of the public peace, health, safety, morals, good order or general welfare. The order becomes effective when served upon the permit holder.
(2) The order of summary suspension must state the facts upon which the finding of necessity for the suspension is based. For purposes of this section, the order shall be deemed a complaint.
(3) An order of summary suspension must be signed by at least two (2) members of the commission.
(4) The person whose work permit is summarily suspended:
(a) Has a right to a hearing on the order. The commission shall schedule a hearing within five (5) days after receipt of the person's notice of defense.
(b) Must file a notice of defense within thirty (30) days after the effective date of the emergency order. Failure to timely file this notice waives his rights to a hearing before the commission and to judicial review of the final decision.
(5) All affirmative defenses must be specifically stated in the notice of defense, and unless an objection is stated to the form or manner of the order, all objections to the form of the complaint shall be deemed waived.
(6) Except as otherwise provided in this section, the procedures for a disciplinary action in Sections 75-76-103 through 75-76-119, inclusive, must be followed.
Sources: Laws, 1990 Ex Sess, ch. 45, § 68, eff from and after passage (approved June 29, 1990).
