Okla. Admin. Code § 310:2-21-2

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

Section 310:2-21-2 - Initiating an individual proceeding

(a)In general. Individual proceedings may be initiated before the Department by filing with the Office of Administrative Hearings a Petition, administrative order executed by the Commissioner or his designee, or other instrument which seeks any relief authorized by law to be granted by the Department.

(b)Proceedings initiated by Petition.Each Petition shall name the Respondent and include a statement of the legal authority and jurisdiction under which the proceeding is to be held, a reference to the particular sections of the statutes and rules involved, a short and plain statement of the matters asserted giving a right to relief, the relief requested, and, unless provided in a separate written Notice of Hearing, the time, place and nature of the hearing. If the Department is unable to give a short and plain statement of the matters asserted at the time the notice is served, the initial notice may be limited to a statement of the issues involved.[75 O.S. § 309 ]

(c)Proceedings initiated by an administrative order. Proceedings initiated by an administrative compliance order issued pursuant to 63 O.S. § 1-1701.1(A) must satisfy the requirements of that statue, the APA and this Chapter. If Section 1-1701.1(A) conflicts with provisions of the APA or this Chapter then Section 1-1701.1(A) shall control. Proceedings initiated by any other administrative order must comply with the APA and this Chapter.

Okla. Admin. Code § 310:2-21-2

Added at 24 Ok Reg 1896, eff 6-25-07