Okla. Admin. Code § 605:10-17-3

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

Section 605:10-17-3 - [Effective until 11/1/2024] Complaint hearings; notice and procedures

(a)Summary suspension. If the Commission finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action within thirty (30) days. The summary suspension shall remain in effect until further order by the Commission.

(b)Formal hearing ordered; notification. Except as provided in (a) of this section, the Commission may issue a disciplinary order only afterentering into a consent order with respondent(s) or after a hearing of which licensee or unlicensed person pursuant to the Code affected shall be given at least fifteen (15) days written notice, specifying the offenses of which the licensee or unlicensed person pursuant to the Code is charged. Such notice may be served as provided by law for service of notices, or by mailing a copy by certified mail to the last known address. If the licensee is an associate associated with a broker, the Commission in like manner shall notify the broker with whom associated.

(c)Formal hearing location. The hearing on such charges shall be set at such time and place as the Commission through its Secretary-Treasurer may prescribe and the notice in (b) of this section shall specify this time and place.

(d)Formal hearing before Commission; hearing examiner or selected panel. The Secretary-Treasurer shall schedule each formal disciplinary hearing before a Hearing Examiner, a selected panel of the Commission, or the Commission as a whole. In the case of a proceeding conducted by the Commission as a whole or a panel of the Commission, the Chairman or his/her designee shall preside. Designated counsel shall advise the Chair as to rulings upon the questions of admissibility of evidence, competence of witnesses and any other question of law where such ruling is required or requested.

(e)Request for postponement. Once a hearing has been scheduled, the Secretary-Treasurer may for sufficient cause postpone or reschedule a hearing upon proper motion or request having been filed with the Commission office seventy-two (72) hours prior to the hearing.

(1) Each postponement request must be in writing and must state the specific reason(s) for the request.

(2) The Commission may require official documentation supporting such request.

(3) An emergency postponement request shall be considered at the time of the emergency.

(4) The granting of a continuance whether general or emergency, shall not be interpreted to deny the Commission the power to impose summary suspension if the Commission finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its Order, summary suspension of a license may be ordered pending proceedings for revocation or other action within thirty (30) days.

(f)Hearings public; witnesses may be excluded. All hearings shall be public except that upon motion of either party, witnesses may be excluded from the hearing room when such witness is not testifying.

(g)Court reporter. A court reporter shall be present to record the proceedings on behalf of the Commission. Any person desiring a copy of the transcript of the proceedings, may purchase such from the reporter.

(h)Formal hearing procedures. The designated attorney for the State shall present the State's case. The respondent may present his or her own evidence or may present such through his or her own counsel. If the charges against the respondent resulted from a complaint filed by a party present at the hearing, the complaining party may be a witness for the State. In order that the hearing will not be encumbered by evidence having no bearing on the issues, testimony by all witnesses will be limited to matters relevant to the issues involved. The order of procedure shall be as follows:

(1) Recitation of the statement of charges by the person presiding.

(2) Opening statement by the State.

(3) Opening statement by the respondent.

(4) Presentation of the State's case followed by cross-examination.

(5) Respondent's presentation followed by cross-examination.

(6) Closing arguments by the State.

(7) Closing arguments by the respondent.

(8) The Hearing Examiner or hearing panel may ask the parties questions consistent with general trial practices under the Administrative Procedures Act.

(i)Order; hearing before Commission. If the case be heard by the Commission as a whole, the Commission shall deliberate and render a decision with confirmation of such decision in writing in the form of an Order distributed to all parties by mail.

(j)Proposed order consideration; hearing before hearing examiner or panel. In the case of a hearing conducted by a panel of the Commission or by a Hearing Examiner, following the hearing, the Hearing Examiner or attorney sitting as counsel to the panel shall prepare a proposed Order to be considered by members of the Real Estate Commission at a future meeting.

(k)Proposed order notification; written exceptions. All respondents will be furnished copies of the proposed Order and notified as to the date the proposal will be considered by the Commission for adoption. At the same time, notice will also be given to the parties that written exceptions or requests to present oral exceptions or arguments, if any, should be submitted on or before a designated date pursuant to Section 311, of Title 75, Oklahoma Statutes. Upon adoption of the Order by the Commission as a whole, the adopted Order shall be distributed to all parties.

(l)Actual notification pertaining to this Section. For purposes of this Section, notice shall be deemed to have been given at the time that notice is deposited in the United States mail with proper postage thereon and mailed to the last known address of the notified person, or date when such notice is served in person by a person duly authorized as a representative of the Commission.

(m)Violation found. If the Commission shall determine that any licensee or unlicensed person pursuant to the Code is guilty of violation of the "Code," such person may be disciplined in the manner as prescribed in such "Code."

Okla. Admin. Code § 605:10-17-3

Amended at 8 Ok Reg 2071, eff 7-1-91; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 25 Ok Reg 1989, eff 7-1-08

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 11/1/2021