Okla. Admin. Code § 300:45-1-3

Current through Vol. 42, No. 7, December 16, 2024

Section 300:45-1-3 - Hearings for violation of rules

(a)Notice of Violation. A Notice of Violation may be issued by the Chief Executive Officer or his designee after the discovery of a violation of any rule. A Notice of Violation shall be signed by the GRDA employee issuing it and shall state:

(1) The name of the person or entity responsible for the violation (the "Respondent");

(2) A description of the nature of the violation;

(3) The remedial action and/or the relief required, which may include revocation of the permit or license or the imposition of a fee, penalty or fine as authorized by statute and/or the correction of any deficiency;

(4) A reasonable time to comply with the remedial action and/or the relief required;

(5) That the Respondent may submit a response to the Notice of Violation, how and where a response may be submitted, and the deadline to submit a response; and

(6) That, in connection with the submission of a response to the Notice of Violation, the Respondent may request a hearing before the Chief Executive Officer or his designee to challenge the Notice of Violation.

(b)Service of the Notice of Violation. At the election of the GRDA, a Notice of Violation shall be served upon the Respondent in the same manner as a civil summons is served. In the event the violation relates to a dock that is not permitted in the current owner's name or the permit owner is deceased and no probate is pending, service can be made by posting the Notice on the dock or walkway to the dock.

(c)Permits or Licenses. In matters involving permits or licenses issued by the GRDA, the Respondent shall be the person in whose name the permit or license is currently listed or the current owner of the dock if ascertainable. The Respondent shall be the only person entitled to notice under this subsection.

(d)Response to Notice of Violation. In the event that the Respondent submits a response to the Notice of Violation, the response shall include a detailed statement of the reasons that Respondent objects to the Notice of Violation and all arguments that the Respondent desires to make at hearing, if requested. A Respondent who fails to submit a response to the Notice of Violation in the time and manner stated in the Notice of Violation may be deemed by the GRDA Chief Executive Officer or his designee to have waived the right to object or present a defense to the Notice of Violation.

(e)Hearing. A Respondent who requests a hearing must also submit a response to the Notice of Violation in order to provide an address and telephone number that the GRDA may use to communicate with the Respondent concerning the hearing and final order. Upon timely receipt of a request for a hearing, the Chief Executive Officer or his designee shall set the matter for hearing and shall notify the Respondent in writing of the hearing at least ten (10) calendar days before the hearing. Notice of the hearing shall be delivered to the Respondent using the address specified in the response to the Notice of Violation and shall state the date, time and location of the hearing.

Okla. Admin. Code § 300:45-1-3

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 41, Issue 22, August 1, 2024, eff. 8/11/2024