Okla. Admin. Code § 545:25-1-7

Current through Vol. 42, No. 3, October 15, 2024

Section 545:25-1-7 - Hearing

(a) Whether or not the licensee appears, the Board may proceed and determine the truthfulness of the charge or charges.

(b) Opportunity shall be afforded all parties to respond and present evidence and arguments on all relevant issues involved. The Board shall allow the licensee reasonable opportunity to appear in person or by counsel or both, and to present evidence in refutation of the charge or charges.

(c) Unless precluded by law, informal disposition may be made of any individual proceeding by stipulation, agreed settlement, consent order or default.

(d) The record in an individual proceeding shall include:

(1) All pleadings, motions and intermediate rulings.

(2) Evidence received or considered.

(3) A statement of matters officially noted.

(4) Questions and offers of proof, objections and rulings thereon.

(5) Proposed findings and exceptions.

(6) Any decision, opinion or report by the officer presiding at the hearing.

(7) All staff memoranda or data submitted to the hearing officer or members of the Board in connection with their consideration of the case.

(e)

Findings of fact shall be based exclusively on the evidence and on matters officially noted.

(f) No action by the Board shall be taken against the licensee until the foregoing procedures have been complied with.

(g)

If, upon such hearing, the Board finds the charge or charges to be true by clear and convincing evidence, the Board may issue an order imposing one or more of the following penalties:

(1) Disapproval of an application for a renewal license;

(2) Suspension of a license by the Board for a specified time not to exceed three (3) years;

(i) the suspension of a license to be reinstated following a specified period of time shall in no way exempt the licensee from maintaining his or her appropriate hours of continuing education or paying biennial renewal fees;

(ii) suspension shall during the time of suspension take from the licensee all rights and privileges acquired by virtue of the license;

(3) Revocation of a license; revocation shall take, permanently, from the licensee all rights and privileges acquired by virtue of the license;

(4) An administrative fine for any amount up to and not to exceed One Thousand Dollars ($1,000.00) for each count or separate violation;

(5) A censure or reprimand;

(6) Placement on probation for a period of time and under such terms and conditions as deemed appropriate by the Board, including supervision;

(7) Restriction of the practice of a podiatric physician under such terms and conditions as deemed appropriate by the Board, including supervision; and

(8) Payment of costs associated with a disciplinary proceeding.

(h) Procedures before this Board shall comply with the Administrative Procedures Act of the State of Oklahoma.

(i) The standard of proof used by the Board in disciplinary actions under the Act shall be clear and convincing.

(j) In any action by the Board in which a person licensed by the Board has been suspended, the Board may at any time, upon motion of any member of the Board reconsider such suspension.

(k) In addition, the person whose license has been suspended may petition the Board for reinstatement in accordance with applicable law.

(l) In any case in which a person whose license has been suspended is considered by the Board for reinstatement, it shall be the burden of that person to show compliance with all terms and conditions imposed by the Board in the disciplinary action. The Board may deny reinstatement to any such person who does not satisfy the Board of compliance with any Board requirement or condition imposed by the Board in disciplinary action or may approve reinstatement without restriction or may approve reinstatement with terms of probation or restrictions as deemed necessary to protect the health, safety and well-being of the public.

(m) Upon the completion of any term of suspension imposed by the Board, the person whose license was suspended shall bear the burden to show compliance with all requirements and conditions imposed by the Board prior to reinstatement by the Board.

(n) An application for reinstatement shall be filed with the Board in writing and shall set forth action taken by the applicant to comply with conditions and requirements imposed by the Board, including all documents in support thereof. Such application or motion shall be reviewed by the Secretary prior to being scheduled for action by the Board at a meeting of the Board. If the Secretary determines the applicant has met the requirements and conditions imposed by the Board, the matter shall be scheduled for Board action. If the Secretary determines the applicant has not complied with requirements and conditions imposed by the Board, the Secretary shall advise the applicant of the noncompliance in writing and the matter shall not be scheduled for Board action. In the event an applicant disagrees with the determination of the Secretary, the applicant may move in writing for the original application to be reviewed by the Board, upon payment of the appropriate fee.

(o) An applicant for reinstatement after suspension pursuant to 59 O.S. § 147 shall meet all application requirements in effect at the time reinstatement is requested, be of good moral character and have reimbursed the Board for taxed costs or worked out a repayment plan satisfactory to the Board. In addition, the Board may require the applicant to meet the continuing education requirements.

(p) In the event the Secretary determines that a person has not complied with an order of the Board, the Secretary may initiate additional disciplinary action against that person and may seek to have the Board impose additional penalties for failure to comply with a Board order.

Okla. Admin. Code § 545:25-1-7

Amended at 12 Ok Reg 443, eff 11-16-94 (emergency); Amended at 12 Ok Reg 1255, eff 5-11-95; Amended at 13 Ok Reg 3407, eff 7-1-96 (emergency); Amended at 14 Ok Reg 1418, eff 5-11-97

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014