26-4-203. Immediate cease and desist orders for violations.

If the board finds that there is a reasonable probability that:#

1. (1)

   A wholesale distributor, other than a manufacturer, has:#

   1. (A)

      Violated a provision of this article; or#

   2. (B)

      Falsified a pedigree, provided a falsified pedigree, or sold, distributed, transferred, manufactured, repackaged, handled, or held a counterfeit prescription drug intended for human use;#

2. (2)

   The prescription drug at issue in subparagraph (B) of paragraph (1) of this subsection could cause serious, adverse health consequences or death; and#

3. (3)

   Other procedures would result in unreasonable delay,#

   1. the board shall issue an order requiring the appropriate person including the distributors or retailers of the prescription drug to immediately cease distribution of the prescription drug in or to this state.

An order under subsection (a) of this Code section shall provide the person subject to the order with an opportunity for an informal hearing, to be held not later than ten calendar days after the date of the issuance of the order, on the actions required by the order. If, after such a hearing, the board determines that inadequate grounds exist to support the actions required by the order, the board shall vacate the order.#