Title 49, Chapter 5, Section 92
( 49-5-92)
(a) A request for a preliminary hearing shall be made in writing
within five days from the time of service, excepting weekends. The
request must be made to the representative of the department
designated in the order. Unless a request is made to appear in
person, the preliminary hearing shall consist of an administrative
review of the record, written evidence submitted by the institution
affected, and a preliminary written argument in support of its
contentions. (b) If a request is made to appear in person at the preliminary
hearing, the institution shall provide the name and address of the
person or persons, if any, who will be representing the institution
in the preliminary hearing. (c) Upon receipt of a request for a preliminary hearing, the
department shall set and give notice of the date, time, and location
of the preliminary hearing. The preliminary hearing shall be held
as soon as possible after a request therefor but in no event later
than 72 hours after such request, provided that an institution may
request that such hearing be held earlier; provided, however, that
in no event will a hearing be held on a weekend or holiday. (d) If a personal appearance is requested, the preliminary hearing
shall consist of a review of the evidence in the record, any
additional evidence introduced at the hearing, and any arguments
made. A recording shall be made of the hearing. (e) The department shall, where practicable, issue an immediate oral
order and shall, in all instances, issue a written order within four
business days after the close of the hearing. (f) Pending final appeal of the validity of any emergency order
issued as provided in this Code section, such emergency order shall
remain in full effect until vacated or rescinded by the commissioner
or his designee. (g) The department is not precluded from other actions permitted by
other laws or regulations during the time an emergency order is in
force. |