Okla. Admin. Code § 140:3-3-9

Current through Vol. 42, No. 8, January 2, 2025

Section 140:3-3-9 - Field Citations

(a) At the conclusion of an investigation of a complaint filed with the Board, the Advisory Committee, in consultation with the Board's prosecuting attorney, may recommend that the Executive Director issue a field citation to the chiropractic physician named in the complaint if or the Advisory Committee reasonable cause to believe that the chiropractic physician violated the provisions of the Chiropractic Practice Act (the "Act") or Title 140 of the Oklahoma Administrative Code (the "OAC"). The Advisory Committee will thereafter submit a written report to the Board detailing the facts concerning the citation. Prior to making there commendation to the Executive Director, the Advisory Committee may contact the chiropractic physician to discuss and resolve the alleged violation.

(b) Field citations shall be in writing and shall describe the nature of the violation including, but not limited to, a reference to the provision of the Act and/or the OAC alleged to have been violated.

(c) Field citations may contain an order of abatement fixing a reasonable time for abatement of the violation and may contain an assessment of an administrative penalty not to exceed Two Hundred Fifty Dollars ($250.00) for a first offense and One Thousand Dollars ($1,000.00) for a second or subsequent offense. Each day such violation continues shall constitute a separate offense. Payment of an administrative penalty shall be represented as satisfactory resolution of the matter for the purpose of public disclosure.

(d) Field citations shall be served upon the chiropractic physician personally or by certified mail, return receipt requested.

(e) Any chiropractic physician who has received a field citation and desires to contest that field citation and/or the proposed assessment of an administrative penalty shall, within thirty (30) calendar days after service of the field citation, notify the Executive Director in writing, requesting an informal conference with the Advisory Committee. If the chiropractic physician fails to request an informal conference within thirty (30) calendar days after service of the field citation, the field citation and/or the proposed assessment of the administrative penalty shall be deemed to be final and not subject to further review.

(f) If an informal conference is requested, the Advisory Committee shall hold the informal conference within sixty (60) calendar days from the receipt of the written request. At the conclusion of the informal conference, the Executive Director, upon recommendation form the Advisory Committee, may affirm, modify or dismiss the field citation and/or proposed assessment of an administrative penalty. The Executive Director shall state in writing the reasons for the action, and shall, within thirty (30) calendar days of the informal conference, transmit a copy of the decision to the chiropractic physician and the person who submitted the complaint.

(g) Any chiropractic physician who desires to contest a decision made after the informal conference shall inform the Executive Director in writing within thirty (30) calendar days after such chiropractic physician receives the decision resulting from the informal conference. The Board shall thereafter hold a hearing in accordance with the APA, the Act and the OAC. After the hearing, the Board shall issue an Order affirming, modifying or vacating the citation, or directing other appropriate relief as the Board deems necessary.

(h) Any chiropractic physician who has received a field citation and desires not to contest that field citation or the proposed assessment of an administrative penalty may transmit to the Board the amount assessed in the citation as an administrative penalty, within thirty (30) calendar days after service of the field citation. Payment of any penalty shall not constitute an admission of the violation charged.

(i) Failure of a chiropractic physician to pay a penalty within thirty (30) calendar days of the date of assessment, unless the field citation is being appealed, may result in action being taken by the Board. When a citation is not contested and a fine is not paid, the full amount of the assessed penalty shall be added to the fee for the renewal of the license. A license shall not be renewed without payment of the renewal fee and penalty.

Okla. Admin. Code § 140:3-3-9

Added at 30 Ok Reg 2126, eff 8-25-13

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016