Section 905 IAC 1-36-9 - Proposed findings of fact; conclusions of law; final orderAuthority: IC 7.1-2-3-7
Affected: IC 4-21.5-2-6; IC 7.1-3-19-11; IC 7.1-3-23-9
Sec. 9.
(a) Following the hearing, the commission shall issue findings of fact, conclusions of law, and an order setting forth its final determination. If the appeal hearing was held by an individual member of the commission or a duly authorized agent of the commission, the person conducting the hearing shall submit proposed findings of fact, conclusions of law, and an order to the commission for its final approval. Such proposed findings of fact, conclusions of law, and order shall be served on the applicant or intervening remonstrator, as the case may be, for their written objections which are due to the commission within fifteen (15) days of their receipt. The commission shall mail a copy of its findings of fact, conclusions of law, and order to the applicant and to any remonstrators or intervening remonstrators by certified or registered mail. In the case of denial of an application or renewal of an existing permit, the commission shall inform the aggrieved party that its decision may be subject to judicial review.(b) Notwithstanding anything to the contrary, if the commission's initial action under section 2 of this rule is to approve the application, the commission shall issue the permit to the applicant and the applicant shall be permitted to operate under the permit unless and until the commission's action approving the permit is rescinded by commission order. Alcohol and Tobacco Commission; 905 IAC 1-36-9; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1449; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFAReadopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA