Hearing and appeal.

Indianapolis-Marion County Revised Code § 875-423

in effect

Sec. 875-423. - Hearing and appeal. (a) The date and place for a revocation or suspension hearing shall be fixed by the board, and at least ten (10) days before such date a written notice of the general nature of the charges, prepared by the division of construction and business services, and of the time and place of the hearing thereon shall be served upon the licensee, either by hand delivery to the charged person or to a partner of a charged partnership or officer of a charged corporation, or by certified mail with return receipt requested, addressed to the licensee at his or her main place of business as shown by the licensee's application for license or license renewal. The ten (10) or more days shall run from the date such notice is mailed. In the instance where charges are made that have a similar factual basis and a business relationship exists (as, for example, charges against two (2) licensed partners or charges against a licensed corporation and a licensed corporate officer), the board may hear evidence relative to two (2) or more charges at the same hearing. (b) The licensee may appear in person or by counsel and produce evidence (including testimonial and documentary evidence), make argument and cross-examine witnesses at such hearing. The division shall have the same right. The board may cause or allow any other relevant evidence to be introduced. On the basis of evidence presented at the hearing, the board shall make findings and enter an order in accordance with such findings, which shall not become effective until ten (10) days after notice and a copy thereof has been served upon the licensee, in the manner required for notice of the hearing. (c) On or before ten (10) days after service of said order, the licensee may appeal therefrom to the deputy director of the department of business and neighborhood services, division of construction and business services, by serving a notice of appeal upon the deputy director either in person or by filing it at his or her office, with a copy thereof delivered to the board at the office of the license administrator, who shall deliver such copy to the board. Unless such appeal is so taken, the order of the board shall be final. (d) If so appealed, the order of the board shall be stayed until the appeal is heard and determined by the deputy director or a representative designated in writing (but not an employee of the division of construction and business services) by the deputy director, under the procedure prescribed by statute for hearings on the suspension or revocation of licenses. The deputy director or his or her representative shall thereupon render such decision as he or she finds justified and sustained by the evidence, either affirming, reversing or modifying the terms of the order of the board. The order of the deputy director or his or her representative shall be final and conclusive and be binding upon both the licensee and the board. (G.O. 95, 1994, § 1; G.O. 3, 2002, § 67; G.O. 63, 2009, 135; G.O. 41, 2016, § 2)

Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH875COSKTR_ARTIVLIREWRCO_S875-423HEAPFetched: 10/27/2026