SECTION 460:2-13-5. Determination by the hearing examiner

(a)   Upon a determination by the hearing examiner that a pattern of violations exists or has existed, pursuant to I DOM/RR Section 843.13(a) (2) or (a) (3), the hearing examiner shall order the permit either suspended or revoked. In making such a determination, the hearing examiner need not find that all the violations listed in the show cause order occurred, but only that sufficient violations occurred to establish a pattern.

(b)   If the permit is suspended, the minimum suspension period shall be 3 working days unless the hearing examiner finds that the imposition of the minimum suspension period would result in manifest injustice and would not further the purposes of the act. Also, the hearing examiner may impose preconditions to be satisfied prior to the suspension being lifted.

(c)   The decision of the hearing examiner shall be issued within 20 days following the date the hearing record is closed by the hearing examiner or within 20 days of receipt of the answer, if no hearing is necessary.

(d)   At any stage of a suspension or revocation proceeding being conducted by a hearing examiner, the parties may enter into a settlement, subject to the approval of the hearing examiner.