Okla. Admin. Code § 390:2-1-2

Current through Vol. 42, No. 1, September 16, 2024

Section 390:2-1-2 - Denials, reprimands, suspensions, revocations, disciplinary penalties, fines

(a)Persons affected by individual actions. Under the authority of 70 O.S., Section 3311 et seq.; 59 O.S., Section 1750.1 et seq.; 59 O.S., Sections 1451-1476; 20 O.S., Section 1313.2, 21 O.S., Section 1289.9 and 21 O.S. Section 1290.1 et seq., and 59 O.S. 1350.1 et seq., CLEET may take Administrative Actions against the following parties for violations of said statutes and the Rules and Regulations of CLEET:

(1) Certified peace officers and applicants;

(2) Basic Peace Officer Academy students and applicants;

(3) Private security training schools and applicants;

(4) Armed and unarmed security guards, private investigators, security agencies, investigative agencies and applicants;

(5) Certified drug detector dogs, handlers and applicants;

(6) Certified bomb dogs, handlers and applicants;

(7) CLEET certified instructors for Law Enforcement;

(8) Counties, cities and towns involved in the penalty assessment program;

(9) Private security training instructors and applicants;

(10) Approved SDA Firearms Instructors;

(11) Retired municipal, county, state and federal peace officers;

(12) Certified Reserve Peace Officers and applicants;

(13) Bail Enforcement training schools and applicants;

(14) Bail Enforcement training instructors and applicants;

(15) Bail Enforcement persons and applicants; and

(16) Any other parties for which CLEET has statutory authority.

(b)Type of sanctions. CLEET may take the following actions against the parties mentioned in (a) of this section:

(1) Oral Reprimand

(2) Written Reprimand

(3) Denial

(4) Suspensions

(5) Revocation and/or

(6) Disciplinary penalty or fine.

(c)Disciplinary procedures. In the event CLEET, or its designated agent, has determined that an action will be taken, the following procedures shall apply in accordance with the Administrative Procedures Act, Section 250, et. seq. Title 75 of the Oklahoma Statutes.

(1) The issuance or denial of a new license or new certification is not an individual proceeding, and is not subject to review by the administrative hearing process set forth below.

(2) CLEET or its designated agent shall serve by certified mail, return receipt requested, or by personal delivery by an individual authorized by CLEET, a "Notice of Council Action" containing information required by 75 O.S. Section 309 et. seq., to the party at his last known residential address as reflected by the records of CLEET or current employing department or agency address if the personal address is unknown. If said letter is returned and notation of U.S. Postal Service indicates "unclaimed,""moved,""refused" or any non-delivery markings and the Council's records indicate no change of address as required by rule 390:35-5-13, and 70 O.S., §3311 the notice and any subsequent order shall be deemed served. Any order issued shall be deemed valid as if said individual or agency had been served.

(3) The notice shall provide that CLEET action shall commence and become effective fifteen (15) days after receipt of said notice by the party, unless the party timely files a written request for a hearing with CLEET except as follows:

(A) When CLEET determines that an allegation warrants immediate action, the commencement and effective date of fifteen (15) days will be waived and the action will be effective upon receipt of said notice.

(B) A request for hearing will be timely filed if said request is in writing and received by CLEET, its Director, or designated agent within ten (10) days of the date the party received notice.

(C) If a timely written request for a hearing is not received by CLEET, the allegations shall be deemed confessed by the party and the action will become final.

(D) If the written request for hearings is timely received by CLEET, such hearings shall be scheduled and notice provided in accordance with the Administrative Procedures Act.

(4) The timely filing of a written request for a hearing will stay CLEET's action pending disposition of the hearing, unless the notice and allegations fall within (3)(A) of this subsection.

(5) The hearings will be held at a location designated by the Council.

(6) The hearing officer will be designated by CLEET or the Director thereof, and each party shall be afforded an opportunity to be heard and present evidence.

(7) The hearing will be electronically recorded and the recording of said hearing will be preserved until all avenues of appeal have expired or been exhausted. If a party desires a court reporter, or certified stenographer, it shall be the party's burden to provide and bear the cost of said services and subsequent transcription.

(8) If a party fails to appear at the scheduled hearings without prior notification or good cause, the hearing officer shall default the party, and enter an order sustaining the allegations set forth in the notice and recommending to the Director or designee that the sanctions set forth therein should be imposed; or if the State sustains its burden, the hearing examiner shall submit to the Director or designee findings of fact and conclusions of law and a dispositional recommendation accordingly.

(9) If the complaining party fails to show or the state otherwise fails to prove the allegations by clear and convincing evidence, the action against the party shall be dismissed without sanctions.

(10) The designated hearing officer shall render written findings of fact and conclusions of law and a dispositional recommendation to the Director or designee based upon the law and the evidence presented at the hearing.

(11) The Director or designee shall make the final agency order in each case, whether a hearing was held or not. Each party shall be notified of the final agency order in the case which shall be,, in written order form, and shall include the findings of fact and conclusions of law relating to the action and the final disposition of the case.

(12) A party may appeal the final agency order as set forth in 75 O.S. Section 250 et. seq. of the Administrative Procedures

Okla. Admin. Code § 390:2-1-2

Amended at 11 Ok Reg 1287, eff 2-16-94 (emergency); Amended at 11 Ok Reg 2851, eff 6-15-94; Amended at 14 Ok Reg 89, eff 7-18-96 (emergency); Amended at 14 Ok Reg 2308, eff 6-12-97; Amended at 15 Ok Reg 3637, eff 7-26-98; Amended at 16 Ok Reg 1189, eff 5-27-99; Amended at 18 Ok Reg 3076, eff 7-12-01; Amended at 25 Ok Reg 2494, eff 7-15-08; Amended at 29 Ok Reg 1606, eff 7-13-12

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018

Amended by Oklahoma Register, Volume 36, Issue 22, August 1, 2019, eff. 8/11/2019

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/11/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 8/25/2024