Okla. Admin. Code § 160:55-9-5
Current through Vol. 42, No. 3, October 15, 2024
Section 160:55-9-5 - Hearing procedure-emergency actions(a)Hearing notice.(1) If the public health, safety, or welfare imperatively requires emergency action, such action, including the suspension of a license instanter or a cease and desist instanter, may be ordered pending the final outcome of proceedings instituted by the Administrator [75:314(C)(2) and 314.1]. An emergency order shall include an order for a hearing as required by administrative rule 160:3-1-4(j) and shall also be served as provided by administrative rule 160:3-1-4(j).(2) The notice shall: (A) state the time, place and nature of the hearing;(B) state the legal authority and jurisdiction for the hearing;(C) refer to the statutory sections and rules involved; and(D) state the matters asserted briefly and plainly [75:309(B)(1) - (4)].(b)Hearing. All parties shall be afforded the opportunity to respond and present evidence and argument on all points at issue [75:309(C)], and shall have the right to counsel [75:310(5)].(c)Standard of proof. The standard of proof is clear-and-convincing evidence. Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegation sought to be established.(d)Order.(1) The Administrator shall issue an order in accordance with administrative rule 160:3-1-4(i).(2) The order shall: (B) state findings of fact that shall be limited to the evidence from the hearing unless the parties agree otherwise on the record;(C) state conclusions of law;(D) state the effective date; and(E) be delivered in person or by certified mail with return receipt requested [75:309(H) and 312].Okla. Admin. Code § 160:55-9-5
Added at 16 Ok Reg 2170, eff 6-25-99; Amended at 17 Ok Reg 1589, eff 5-25-00; Amended at 18 Ok Reg 2364, eff 6-25-01Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014