Title 10, Chapter 14, Section 23
( 10-14-23)
(a) Where the Secretary of State has issued any order forbidding the
sale of burial lots, burial rights, burial merchandise, or burial
services under any provision of this chapter, he or she shall
promptly send to the cemetery owner, cemetery company, burial or
funeral merchandise dealer, or preneed dealer and to the persons who
have filed such application for registration a notice of opportunity
for hearing. Before entering an order refusing to register any
person or entity and after the entering of any order for revocation
or suspension, the Secretary of State shall promptly send to such
person or entity a notice of opportunity for hearing. Hearings
shall be conducted by the Secretary of State pursuant to this Code
section. (b) Notices of opportunity for hearing shall be served by
investigators appointed by the Secretary of State or sent by
certified mail or statutory overnight delivery, return receipt
requested, to the addressee's business mailing address, and such
notice shall state: (1) The order which has issued or which is proposed to be issued; (2) The ground for issuing such order or proposed order; and (3) That the person to whom such notice is sent will be afforded a
hearing upon request if such request is made within ten days after
receipt of the notice. (c) Whenever a person requests a hearing in accordance with the
provisions of this Code section, there shall immediately be set a
date, time, and place for such hearing, and the person requesting
such hearing shall forthwith be notified thereof. The date set for
such hearing shall be within 15 days, but not earlier than five days
after the request for hearing has been made, unless otherwise agreed
to by the issuer of the notice and the person requesting such
hearing. (d) For the purpose of conducting any hearing as provided in this
Code section, the Secretary of State shall have the power to
administer oaths, to call any party to testify under oath at such
hearings, to require the attendance of witnesses and the production
of books, records, and papers, and to take the depositions of
witnesses; and for such purposes the Secretary of State is
authorized, at the request of the person requesting such hearing or
upon the official's own initiative, to issue a subpoena for any
witnesses or a subpoena for the production of documentary evidence
to compel the production of any books, records, or papers. Said
subpoenas may be served by certified mail or statutory overnight
delivery, return receipt requested, to the addressee's business
mailing address or by investigators appointed by the Secretary of
State or shall be directed for service to the sheriff of the county
where such witness resides or is found or where such person in
custody of any books, records, or papers resides or is found. The
fees and mileage of the sheriff, witness, or person shall be paid
from the funds in the state treasury for the use of the Secretary of
State in the same manner that other expenses of the Secretary of
State are paid. (e) At any hearing conducted under this Code section, a party or an
affected person may appear in his or her own behalf or may be
represented by an attorney. A stenographic record of the testimony
and other evidence submitted shall be taken unless the Secretary of
State and the person requesting such hearing shall agree that such a
stenographic record of the testimony shall not be taken. A
transcript of the proceeding shall be made available to a party upon
the payment of reasonable costs. The Secretary of State shall pass
upon the admissibility of such evidence, but a party may at any time
make objections to such rulings thereon; and, if the Secretary of
State refuses to admit evidence, the party offering the same shall
make a proffer thereof and such proffer shall be made a part of the
record of such hearing. (f) If the Secretary of State does not receive a request for a
hearing within the prescribed time, he or she may permit an order
previously entered to remain in effect or he or she may enter a
proposed order. If a hearing is requested and conducted as provided
in this Code section, the Secretary of State shall issue a written
order which shall set forth his or her findings with respect to the
matters involved and enter an order in accordance with the
Secretary's findings. |