Administrative Procedure: Special Provisions With Regard to Licensing

1 CMC § 9111 — under Administrative Procedure Act.

1 CMC § 9111

TITLE 1: GOVERNMENT

DIVISION 9: MISCELLANEOUS PROVISIONS

§ 9111. Administrative Procedure: Special Provisions With Regard to Licensing. (a) When a licensee has made timely and sufficient application to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms or the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court. (b) Except in cases of willfulness or except as otherwise provided by law, no revocation, suspension, annulment, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave written notice to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires, emergency summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. Source: 17 TTC § 11. Commission Comment: Executive Order 97-03, which was signed on November 13, 1997, transferred the subject duty of the Attorney General set forth in 1 CMC § 2153(b) and related duties and responsibilities of the Registrar of Corporations (set forth in 4 CMC §§ 4201-4204) to the Department of Commerce. As of March 31, 2003, no transfers had taken place. EO 97-03 also called for the substitution of “Registrar of Corporations” or “Registrar” with “Attorney General” in 1 CMC §§ 9101-9115.