Okla. Admin. Code § 158:1-5-3

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

Section 158:1-5-3 - Service of petition and notice of hearing

(a)Service. The Petition and notice of hearing shall be served on the Respondent by personal service or by mail or other lawful means.

(b)Personal service. Personal service of the petition and the notice of hearing upon an individual shall be made by delivering the Petition personally on the Respondent or by leaving a copy of the Petition at the individual's dwelling place or the usual place of abode with some person residing therein who is fifteen (15) years of age or older.

(c)Board as petitioner. Where the Board is the petitioner, personal service of the petition and notice of hearing may be made by a person designated by the Administrator to make such service for the Board.

(d)Service by mail. Service of the petition and the notice of hearing may be made by certified mail, return receipt requested, restricted delivery.

(e)Proof of service. The person serving the petition and the notice of hearing shall file proof of service with the hearing clerk within twenty (20) days of service or before the date of the hearing whichever is sooner. Acknowledgement in writing by the Respondent or appearing at the hearing without objection to service is equivalent to service.

(f)Substitute service. Substitute service in a matter against a licensee may be completed after personal and mail service are attempted with the filing of an affirmation of the attempted service and that the petition and notice of hearing were mailed first class mail to the last known address of the licensee.

(g)Service of Proposed Order and Notice of Appeal. A person shall file an entry of appearance and agreement to allow use of regular mail for proposed orders. Issuance of proposed orders and the notice of appeal may then be sent by regular mail. If an entry of appearance or agreement is not filed, then the proposed order and notice of appeal will be sent using a certificate of mailing indicating the date of mailing and the name and address of the addressee.

(h)Oklahoma Inspector's Act. For matters pursuant to the Oklahoma Inspectors Act, notice of an individual hearing will be served upon an individual licensee or for political subdivisions the mayor, city manager, or city attorney for the Respondent jurisdiction according to the Procedures of the Construction Industries Board's administrative rules in Title 158, Ch 1.

Okla. Admin. Code § 158:1-5-3

Added at 19 Ok Reg 1243, eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02 ; Amended at 30 Ok Reg 1530, eff 7-11-13

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

Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 10/1/2019