Okla. Admin. Code § 45:1-7-1

Current through Vol. 42, No. 6, December 2, 2024

Section 45:1-7-1 - Duties and responsibilities

(a) The Director is hereby specifically authorized and shall have all of the duties and responsibilities as set out in Section 1-108 of Title 37A of the Oklahoma Statutes, and in addition thereto, he is hereby empowered and authorized to conduct any hearing and make any investigations which he may deem necessary in connection with any violations of the provisions of the Act and the Rules Adopted by the Commission, and to make a report of such hearings and investigations. He is further empowered and authorized at said hearings and in conducting such investigations, or at any other time, to administer oaths and to examine under oath any person, and cause the same to be reduced to writing, and to examine, or cause to be examined, books, accounts and records of any licensee or other person, to hear testimony and take proof material for the Commission's information and the discharge of its duties under the law, and to issue subpoenas, which shall bear the seal of this Commission, for the attendance of witnesses and the production of books, accounts, or records, which shall be effective in any part of this State, requiring their attendance before the Director at the time and place to be specified herein by him. The District or Superior Court or any Judge thereof is hereby respectfully requested, by its proper order, to require the attendance of all such witnesses so subpoenaed, and that the Court or Judge compel obedience to its or his order by proceedings for contempt as provided for in Sections 1-108 and 1-107(11) of Title 37A of the Oklahoma Statutes.

(b) In addition to the authority given the Director to issue all licenses provided for in the Act, there is further delegated to the Director the duty and authority to refuse to issue a Wine and Spirits Wholesaler, Beer Distributor, Small Brewer Self-Distributor, Brewpub Self-Distributor, Winemaker Self-Distributor, Retail Spirit, Retail Beer, Retail Wine, Beer and Wine, Mixed Beverage, Bottle Club or Caterer license either on an original application or a renewal application, if he has reasonable grounds to believe and finds to be true any of the disqualifications outlined as set out in Section 2-146 of Title 37A of the Oklahoma Statutes. There is further delegated to the Director the duty and authority to refuse to issue a Mixed Beverage, Beer and Wine, Bottle Club, Public Event, Caterer, Retail Wine, Retail Beer, or any other such license as provided in Section 2-101 of Title 37A of the Oklahoma Statutes, either on an original application or a renewal application, if he has reasonable grounds to believe and finds to be true any of the disqualifications as set out in Section 2-147 of Title 37A of the Oklahoma Statutes.

(c) There is also delegated to the Director the duty and authority to refuse to issue any other type of license covered by the Oklahoma Alcoholic Beverage Control Act, if he has reasonable grounds to believe and finds that, under the provisions of the Oklahoma Alcoholic Beverage Control Act and the Rules of the Commission, that the applicant for any such license is not entitled thereto. There is further delegation to the Director of the duty and authority of giving notice of a denial by the Director, or a denial by the Commission, or a suspension or revocation of a license by the Commission as provided for in Section 2-149 of Title 37A of the Oklahoma Statutes. However, any person aggrieved by any Order or Notice of the Director shall have the right to be heard by the Commission upon the filing of a written request therefore with the Commission within fifteen (15) days after receipt of notice thereof.

Okla. Admin. Code § 45:1-7-1

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018