Okla. Admin. Code § 532:10-5-2

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

Section 532:10-5-2 - Investigations and citations

(a)Commencement of investigations. Upon receipt of a complaint or upon receiving a request to investigate from a member of the Board, the Executive Director will determine whether to commence an investigation.

(b)Determination to investigate and to take emergency action. Upon receipt of a complaint or upon the request of a Board member for an investigation, the Executive Director shall notify the Chair or Vice-Chair of the Board that a complaint or request for investigation has been received and shall determine whether the investigation of the complaint or request falls within the Board's jurisdiction and whether to conduct an investigation. If the Executive Director determines that an investigation is warranted, the Executive Director or designee shall conduct an investigation. If the Executive Director deems it prudent, the Executive Director may request the Board to vote on whether an investigation will be conducted. If the Executive Director does not request that the Board vote, the Executive Director will make a determination and will notify the Chair or Vice-Chair of the Board of whether the Executive Director has initiated an investigation. If the Executive Director determines that an investigation is not necessary, upon the request of any Board member, including the requesting Board member if the determination arises from a Board member request, the Board may hold a vote at the next Board meeting to determine whether an investigation will be conducted. If the Board determines that an investigation is necessary, the Executive Director will initiate an investigation. If the Executive Director initiates an investigation, the Executive Director shall also determine whether emergency action is necessary and may undertake any emergency actions in accordance with these rules. The Executive Director or the Board may request information from the respondent or the complainant or may allow the respondent to respond to the complaint before voting on whether to conduct an investigation.

(c)No Investigation. If it is determined that no investigation and no action is necessary on a complaint, the Executive Director shall note the disposition of the complaint on the Complaint Log, notify the complainant of the disposition of the complaint, and notify the respondent that a complaint was filed but no action will be taken.

(d)Conduct of investigation. The Executive Director will determine the scope and manner of execution of investigations after considering the facts of the alleged violation. The Executive Director may contract with other state agencies, a political subdivision of the state, a local animal control authority, registered breeder inspectors, or Oklahoma licensed veterinarians registered with the Board to conduct inspections to assist in the conduct of investigations.

(e)Cooperation with investigation. Commercial pet breeders shall cooperate with the Board's investigation of an alleged violation. Commercial pet breeders shall allow the Boar designated investigator assisting the Board in the conduct of an investigation to enter unto their premises to investigate alleged violations. If a commercial pet breeder refuses to allow investigators to enter the premises for purposes of investigation or inspection, the Board may revoke or suspend the commercial pet breeder's license, if the commercial pet breeder is licensed, and the Board may impose penalties upon the commercial pet breeder, as authorized by the Act and these Rules.

(f)Investigation report. The investigator shall prepare an investigation report within 10 days of the visit, a copy of which shall be placed in the commercial pet breeder's file. The Board shall provide a copy of the report to the commercial pet breeder upon request. The investigation report shall summarize the investigation, list whether violations were found, whether the investigator issued a citation, and list each violation.

(g)Exclusion of requesting Board member. If an investigation arises from the request of a Board member, the Board member shall recuse himself or herself from any further Board proceedings, determinations, or decisions regarding the investigation, except that, if the Board holds an initial vote to determine whether to investigate the complaint, the requesting member may participate in the initial vote to determine whether to investigate.

Okla. Admin. Code § 532:10-5-2

Added at 28 Ok Reg 2297, eff 7-25-11