Okla. Admin. Code § 475:1-5-12

Current through Vol. 42, No. 8, January 2, 2025

Section 475:1-5-12 - [Effective until 9/14/2025] Service in administrative proceedings

(a) Any written order or notice of hearing, other than an immediate suspension order, shall be primarily served by one of the following methods:

(1) Personal delivery to the respondent at the last known registered address provided to the Bureau or to the registered agent of the respondent or to the attorney of record of the respondent, in any manner authorized by the law of this State for the personal service of summons. Personal service to registered entities may be accomplished by leaving a copy of the written order or notice at the registered location or by taping a copy of the written order or notice to the front entrance of the registered location.

(2) Certified mail, return receipt requested, to the registered agent of the respondent or to the registered address if no registered agent exists. Respondent shall be deemed to have refused receipt of certified mail if it is returned to the Bureau and tracking information provided by the postal service shows delivery was attempted and notice was left for the respondent to retrieve the certified mail prior to being returned.

(3) Any notice of violation issued to a registrant by an OBN agent may be served personally, by mail, or by electronic mail upon contact with the registrant or an authorized employee of a registered entity.

(b) In addition to one of the above methods, the OBN may give notice by electronic mail to the respondent at the last known electronic mail address provided to the Bureau or by publication to the Bureau's public website or by publication to the public OBN Registrant Verification website.

(1) Registrants are required to keep information current and up to date with the Bureau. If either personal service or service by certified mail fails, service shall be deemed effective when the Bureau gives notice via both electronic mail and publication to one of the online sites above.

(2) Service of notice shall be reasonably calculated, under all circumstances, to apprise the interested parties of the pendency of the action and to afford them an opportunity to present their objections.

(3) Any written order or notice of hearing that is properly directed to the respondent and shown by affidavit to have been put into the post office or delivered to the postman is presumed to have reached its destination at the regular time and received by the person to whom it was addressed unless returned to the Bureau for failure to deliver.

(4) If a registrant cannot be reached by mail, electronic mail, or refuses to accept service, the registration shall be deemed abandoned and inactivated. The registrant shall have ten (10) days to request the inactivation be set aside by the Director upon good cause shown. Personal service is not required if the written order is mailed, emailed, and published to the OBN Registrant Verification website.

Okla. Admin. Code § 475:1-5-12

Adopted by Oklahoma Register, Volume 41, Issue 1, September 15, 2023, eff. 8/10/2023, exp. 9/14/2024 (Emergency)

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 8/4/2024

Amended by Oklahoma Register, Volume 42, Issue 1, September 16, 2024, eff. 8/16/2024, exp. 9/14/2025 (Emergency)