Okla. Admin. Code § 475:1-5-13

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

Section 475:1-5-13 - [Effective 9/14/2025] Request for hearing and default

(a) A request for a hearing shall be submitted in writing, on a form prescribed by the OBN. This form is available at the Bureau's principal place of business located at 419 NE 38^th Terrace, Oklahoma City, OK 73105 or online at www.obndd.ok.gov. Hearing requests may only be submitted in person or by mail to the Bureau's principal place of business. Hearing requests submitted other than in person or by mail on the prescribed form shall not be accepted. Hearing requests must be made within thirty (30) calendar days of the date of issuance of the written order, not inclusive of the day of issuance of the written order. Hearing requests made or postmarked after the deadline for requesting a hearing will not be granted. The Request for Hearing Form shall be addressed to the Oklahoma Bureau of Narcotics, Legal Division, 419 NE 38^th Terrace, Oklahoma City, OK 73105.

(b) Respondent shall file a verified answer responding to each allegation of fact contained within the written order. Failure to file a verified answer refuting an allegation of fact shall be deemed an admission of the allegation of fact.

(c) Any respondent who fails to appear, after requesting a hearing, will be determined to have waived the right to appear and present a defense. All allegations of fact shall be deemed admitted and the written order providing notice of the violations shall become the Final Order by default. Notice of taking default shall not be required.

(d) Respondents who are entities must appear in any administrative proceeding through an attorney licensed to practice law in the State of Oklahoma. Any timely request for hearing by an entity shall be accompanied by an Entry of Appearance by a licensed attorney of the State of Oklahoma. If no attorney enters their appearance in the administrative proceeding within ten (10) business days following the request for hearing, the respondent will be determined to have waived the right to a hearing and present a defense. Any respondent who fails to appear, after requesting a hearing, will be determined to have waived the right to appear and present a defense. All allegations of fact shall be deemed admitted and the written order providing notice of the violations shall become the Final Order by default. Notice of taking default shall not be required.

(e) Only the registrant or the registrant's legal representative may request a hearing on behalf of the registrant. For registered businesses, only a beneficial owner, legal counsel, or court-appointed representative may request a hearing on behalf of the registered business.

Okla. Admin. Code § 475:1-5-13

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)