Okla. Admin. Code § 195:3-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 195:3-1-4 - Statement of Complaint and notice of hearing; Setting of hearing date

(a) The Statement of Complaint issued by the investigative review panel shall set forth all allegations of violations of the Act, proposed sanctions and requests for costs and attorneys' fees. The Statement of Complaint shall be prepared by the Executive Director or or by the attorney who will prosecute the respondent in a hearing before the Board.

(b) Upon the receipt of the statement of complaint, the Board President, shall serve as the Administrative Judge for the hearing with the assistance of judicial council, The statement of complaint shall be reviewed for sufficiency and he or she with the assistance of the judicial counsel shall set a hearing date.

(c) A "Notice of Hearing" shall be prepared by the Executive Director or the attorney assisting with the prosecution or acting as the prosecutor, and served on the respondent with the Statement of Complaint. The Notice of Hearing shall specify the time, place and nature of the hearing, the legal authority under which it is to be conducted and cite any relevant statutory provisions. Service of the Statement of Complaint and Notice of the Hearing may be in person or by certified mail at the official address as listed with the Board. Service of the Notice of the Hearing shall be complete upon return to the Board of a card showing receipt of certified mail by the respondent or return to the Board of an affidavit of personal service.

(d) For the purpose of all hearing matters, in the event of a conflict of the President, the acting board president shall serve as the administrative judge.

Okla. Admin. Code § 195:3-1-4

Amended at 14 Ok Reg 1541, eff 7-1-97; Amended at 20 Ok Reg 2338, eff 7-11-03; Amended at 23 Ok Reg 1221, eff 7-1-06

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023