Okla. Admin. Code § 35:1-9-2

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

Section 35:1-9-2 - Contents of Notice of Violation and initiation of actions

(a) The Office of General Counsel of the Oklahoma Department of Agriculture, Food, and Forestry by and through any attorney employed by the Department is hereby an authorized agent of the State Board of Agriculture for the following purposes:

(1) To initiate and prosecute in the name of the Office of General Counsel on behalf of the State Board of Agriculture any administrative, civil, or criminal actions and proceedings necessary under the Oklahoma Agricultural Code or rules promulgated thereunder; and

(2) To apply to and obtain from a district court an administrative warrant as necessary to enforce the right of access and inspection as authorized and described in Section 2-14 of Title 2 of the Oklahoma Statutes.

(b) An individual proceeding pursuant to the Administrative Procedures Act shall be initiated by the filing of a Notice of Violation containing the following:

(1) A statement of the time, place, and nature of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and rules involved; and

(4) A short and plain statement of the matters asserted; however, if the agency is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved and thereafter upon application a more definite and detailed statement shall be furnished.

(c) Individual proceedings may be initiated by the Office of General Counsel by filing a Notice of Violation with the Administrative Law Clerk.

(d) The Department shall comply with the Oklahoma Small Business Regulatory Flexibility Act, 75 O.S. § 506, where applicable.

Okla. Admin. Code § 35:1-9-2

Amended at 25 Ok Reg 1779, eff 7-1-08