Current through the 2024 Regular Session
Section 49-17-31 - Proceedings before commission(a) Whenever the commission or an employee thereof has reason to believe that a violation of any provision of Sections 49-17-1 through 49-17-43 or Sections 17-17-1 through 17-17-47 or a regulation or of any order of the commission or of any limitation or condition of a valid permit has occurred, the commission may cause a written complaint to be served upon the alleged violator or violators. The complaint shall specify the provisions of said sections or regulation or order or permit alleged to be violated and the facts alleged to constitute a violation thereof, and shall require that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges complained of. Said time of appearance before the commission shall be not less than ten (10) days from the date of the service of the complaint.(b) The commission shall afford an opportunity for a fair hearing to the alleged violator or violators at the time and place specified in the complaint. On the basis of the evidence produced at the hearing, the commission shall make findings of fact and conclusions of law and enter such order as in its opinion will best further the purposes of Sections 49-17-1 through 49-17-43 and Sections 17-17-1 through 17-17-47, and shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing or made written request for notice of the order, and the commission may assess such penalties as hereinafter provided.(c) Except as otherwise expressly provided, any notice, or other instrument issued by or under authority of the commission may be served on any person affected thereby personally or by publication, and proof of such service may be made in like manner as in case of service of a summons in a civil action, such proof to be filed in the office of the commission; or such service may be made by mailing a copy of the notice, order, or other instrument by certified mail, directed to the person affected at his last known post-office address as shown by the files or records of the commission, and proof thereof may be made by the affidavit of the person who did the mailing, filed in the office of the commission.Codes, 1942, § 7106-120; Laws, 1966, ch. 258, § 10; Laws, 1972, ch. 505, § 8; Laws, 1977, ch. 327, § 8; Laws, 1981, ch. 528, § 16; Laws, 1987, ch. 332, § 4, eff. 7/1/1987.