Okla. Admin. Code § 45:50-11-1

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

Section 45:50-11-1 - Procedures for conducting hearings

(a) The Director shall have the authority to conduct an initial hearing when a hearing before the Commission is required by law. The Director may employ such hearing officers and assistants as are necessary to conduct the hearings. All hearings shall be conducted in accordance with the Administrative Procedures Act, Section 250 et seq., of Title 75, of the Oklahoma Statutes.

(b) A hearing shall be conducted for the following reasons:

(1) Receipt of a timely protest to an application for license;

(2) Receipt of a petition for revocation from the district attorney of the county or the city attorney of the municipality wherein a license has been issued;

(3) Denial of a license;

(4) Suspension or revocation of a license;

(5) Issuance of a cease and desist order; or

(6) Imposition of an administrative fine.

(c) The Commission shall provide timely notice of a hearing to all parties, stating the date, time, place and subject matter of the hearing.

(d) The Director shall have the authority to issue subpoenas for the attendance of witnesses and the production of books, accounts and records which shall be effective in any part of the state, requiring their attendance or production before the Director at the time and place specified.

(e) Any applicant, licensee or other person who fails to appear as directed, after notice, shall be determined to have waived their right to present their case and a final unappealable order may be entered by the Commission. A failure to appear shall constitute a failure to exhaust administrative remedies.

(f) Hearings shall be conducted by the Commission pursuant to the following procedures:

(1) A brief statement of facts by the Commission or person protesting the license outlining the reason for denial, suspension or revocation of the license or the alleged violation on the part of the applicant, licensee, or other person shall be given by the Commission.

(2) The applicant, licensee, or other person, or the representative thereof, shall be given an opportunity to state his position.

(3) Any pleadings or other documents which either party may wish to have filed may be presented.

(4) The evidence supporting the requested action shall first be presented at the conclusion of which the applicant, licensee, or other person, or his representative, may present evidence in support of his previously stated position.

(5) Closing arguments shall then be permitted.

(g) If the hearing is conducted by a hearing officer, the hearing officer shall issue a report to the Director. The report of the hearing officer shall include findings of fact and conclusions of law.

(h) After conducting a hearing or after receiving the report of the hearing officer, the Director shall issue a recommendation to the Commission. Notice of the recommendation of the Director shall be sent to the last known address of the licensee or other person.

(i) If the licensee or other person disagrees with the recommendation of the Director, they may request a hearing before the Commission for a review of the record. If the licensee or other person fails to request a review of the record within fifteen (15) days after the date of the notice of the Director's decision, the recommendation of the Director shall become the final order of the Commission. A failure to request a timely review of the record by the Commission shall constitute a failure to exhaust administrative remedies.

(j) Any party aggrieved by a final order of the Commission may seek judicial review as prescribed by the Administrative Procedures Act.

Okla. Admin. Code § 45:50-11-1

Added at 10 Ok Reg 4713, eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff 8-11-94