Okla. Admin. Code § 475:1-5-13

Current through Vol. 42, No. 7, December 16, 2024

Section 475:1-5-13 - [Effective until 9/14/2025] Request for hearing and default

(a) A request for a hearing or any other filing in an administrative action shall be submitted using the dedicated link on the Bureau's public website. The link provides an exact date and time of each submission which shall be controlling on any determination in the timeliness of any submission. Hearing requests made in any other manner shall not be accepted. Hearing requests must be made by 5:00pm within thirty (30) calendar days of the date of issuance of the written order, not inclusive of the day of issuance of the written order. Hearing requests submitted after the deadline for requesting a hearing shall not be granted.

(b) The registrant shall file a verified answer As to each alleged violation. Failure to file a verified answer to any alleged violation by the deadline to request a hearing shall be deemed an admission of the alleged violation. The verified answer must be received by the Bureau on or before the deadline to request a hearing. The registrant shall be responsible for all submissions made to the Bureau including, ensuring the timeliness of any request for hearing or verified answer. Any person not recorded in the registration record as the individual registrant, or a beneficial owner of a registered entity, cannot verify any answer and lacks standing to contest any issue.

(c) Any respondent who fails to appear, after requesting a hearing, will be determined to have waived the right to appear and present a defense. All allegations of fact shall be deemed admitted and the written order providing notice of the violations shall become the Final Order by default. Notice of taking default shall not be required.

(d) Respondents who are entities must appear in any administrative proceeding through an attorney licensed to practice law in the State of Oklahoma. Any timely request for hearing by an entity shall be accompanied by an Entry of Appearance by a licensed attorney of the State of Oklahoma. If no attorney enters their appearance in the administrative proceeding within ten (10) business days following the request for hearing, the respondent will be determined to have waived the right to a hearing and present a defense. Any respondent who fails to appear, after requesting a hearing, will be determined to have waived the right to appear and present a defense. All allegations of fact shall be deemed admitted and the written order providing notice of the violations shall become the Final Order by default. Notice of taking default shall not be required.

(e) Only the registrant or the registrant's legal representative may request a hearing on behalf of the registrant. Any person not recorded in the registration record as an individual registrant or beneficial owner of a registered entity lacks standing to contest any issue

(f) Any notice of violation issued by an OBN agent to a registrant for alleged violations shall include a statement of the legal authority and jurisdiction, reference the particular statutes or rules involved, and state the time and place for the registrant to appear and answer to the alleged violations. The registrant or other authorized individual shall sign any such notice of violation acknowledging receipt without admitting guilt. All such notices shall be submitted to the Bureau's Legal Division for filing and initiation of an individual proceeding in accordance with the Uniform Controlled Dangerous Substances Act if approved.

(g) The individual registrant or beneficial owners of a registered entity shall be required to attend the final hearing of an individual proceeding and may be called as a witness to testify.

Okla. Admin. Code § 475:1-5-13

Adopted by Oklahoma Register, Volume 41, Issue 1, September 15, 2023, eff. 8/10/2023, exp. 9/14/2024 (Emergency)

Adopted by Oklahoma Register, Volume 41, Issue 21, July 15, 2024, eff. 8/4/2024

Amended by Oklahoma Register, Volume 42, Issue 1, September 16, 2024, eff. 8/16/2024, exp. 9/14/2025 (Emergency)