Section 10IAC6-3-4. Process for listing and delisting

   (a) This section addresses the process for listing and delisting a tobacco product manufacturer's brand families.

  (b) If the attorney general intends to remove from, or not list, a brand family directory of a tobacco product manufacturer, the attorney general shall send a notice of intent to the tobacco product manufacturer or its agent for service of process. The notice of intent shall include the following:

(1) The factual and legal deficiencies upon which the attorney general's intended action rest.

(2) The action that the tobacco product manufacturer must undertake to cure those deficiencies.

(3) A notification that the tobacco product manufacturer shall have fifteen (15) calendar days to cure those deficiencies and submit documentation of its attempt to cure.

  (c) For good cause, the attorney general may extend the time period under subsection (b)(3) for a tobacco product manufacturer to cure its deficiency.

  (d) If the deficiencies have not been cured to the satisfaction of the attorney general, the attorney general shall take action in accordance with IC 24-3-5.4-14 to not list or delist a brand family.

  (e) The attorney general shall promptly notify the tobacco product manufacturer in writing at the address supplied in the certification if the tobacco product manufacturer has met all requirements and its brand family or families will be included in the directory. (Office of Attorney General for the State; 10 IAC 6-3-4; filed Jan 24, 2011, 10:12 a.m.: 20110223-IR-010100106FRA)