Okla. Admin. Code § 35:1-9-3

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

Section 35:1-9-3 - Notice to parties

(a) As soon as possible after the filing of the Notice of Violation, the Department shall notify the respondents of the filing and of the date set for hearing.

(b) The notice shall include a copy of the petition and the date, time, and place of the hearing, which shall be at least twenty (20) days after notice of the hearing is sent, unless otherwise provided by law or agreed by the parties.

(c) Service of notice shall be made in accordance with the Oklahoma Pleading Code, 12 O.S. § 2001 et seq.

(d) Where the Department is serving notice, personal service may be made by any agriculture law enforcement agent pursuant to 2 O.S. 6-310.

(e) Notice shall be sent to the address for the respondent as maintained in the records of the Department.

(f) Notice sent to the address on file by certified mail shall be considered good service to the respondent and the respondent shall have the burden of showing that an appropriate address change was filed with the Department prior to the notice being sent.

Okla. Admin. Code § 35:1-9-3

Amended at 23 Ok Reg 2135, eff 6-25-06; Amended at 25 Ok Reg 1779, eff 7-1-08; Amended at 27 Ok Reg 2407, eff 7-25-10