Riley Bennett Egloff Magazine July Magazine | Page 17

What should you do to protect your license given the severity and
immediacy of a summary suspension proceeding?
1. Keep your contact information current with Indiana Professional Licensing
Agency (“IPLA”).
• It is imperative that you maintain active and correct contact information with the IPLA
because this is how the OAG will attempt to notify you of an upcoming summary suspension
proceeding. Remember, a summary suspension proceeding will not be postponed and a
summary suspension will not be lifted even if the only notice of the proceeding was sent to
your former address or phone number.
2. Seek legal counsel to file your written response in opposition to Petition for
Summary Suspension or to represent you at hearing.
• You are permitted to “provide a written or an oral statement to the board on [your] behalf
before the board issues an order for summary suspension.” Due to the severity of the
allegations contained within a Petition for Summary Suspension and the drastic potential
outcome, it is advisable to seek legal counsel to assist you with your response. An order
granting summary suspension will remain posted and searchable on the IPLA licensing
litigation website in perpetuity. Any person searching for you on the internet will be able to
access the order that sets forth the facts justifying your summary suspension.
3. Seek legal counsel to request early dismissal of an unnecessary summary
suspension order.
• If an order is entered, either because you did not receive actual notice, or because you did
not tender an oral or written response to the Petition, your legal counsel may request an early
dismissal of the order. You would otherwise have to wait ninety days to challenge the order
at a summary suspension renewal hearing.
• Similarly, if the allegations in the Petition were true and a summary suspension order was
entered, but the emergency has since been remedied, your legal counsel may request early
dismissal of the summary suspension order.
• Summary suspensions are frequently renewed several times. A new hearing is generally
held for each renewal. Even if you have not attacked the order before a renewal hearing,
your legal counsel may oppose the renewal hearing.
Ind. Code § 25-1-9-10 (a).
Id.
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Ind. Code § 4-21.5-4 et. seq.
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Ind. Code § 25-1-9-10 (b).
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Id.
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Ind. Code § 25-1-9-10 (c) (1).
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Ind. Code § 25-1-9-10 (c) (2).
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Ind. Code § 4-21.5-4-5 (a); Ind. Code § 25-1-9-10 (a).
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Ind. Code § 4-21.5-4-5 (b).
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Ind. Code § 25-1-9-10 (b).
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(https://www.in.gov/ai/appfiles/pla-litigation/).
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RBELAW.com
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