Title 48, Chapter 17, Section 5
( 48-17-5)
(a) An applicant or licensee is entitled to at least 30 days'
written notice and, if requested, a hearing in the following
instances: (1) After an application for an original or renewal license has
been refused; (2) Before the commissioner may revoke a license; or (3) Before the commissioner may invoke any other sanctions
provided by this chapter. For purposes of this Code section, sanctions shall not include (i) issuance of a citation, (ii) imposition of a late fee, penalty fee, or interest penalty under subsection (k) of Code Section 48-17-2, Code Section 48-17-11, or subsection (a) of Code Section 48-17-13, or (iii) sealing a machine or imposing charges related thereto under subsection (g) of Code Section 48-17-13. (b) The written notice provided by this Code section may be served
personally by the commissioner or an authorized representative or
sent by United States certified mail or statutory overnight delivery
addressed to the applicant, licensee, or registration certificate
holder at its last known address. In the event that notice cannot
be effected by either of these methods after due diligence, the
commissioner may prescribe any reasonable method of notice
calculated to inform a person of average intelligence and prudence
of the commissioner's action, including publishing the notice in a
newspaper of general circulation in the area in which the applicant,
licensee, or registration certificate holder conducts its business
activities. The written notice shall state with particularity the
basis upon which the commissioner is taking the proposed actions. |