Oklahoma § 24-145 - Administrative hearing - Suspension, revocation or

§ 24-145. Administrative hearing - Suspension, revocation or

surrender of license.

A. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Credit Services Organization Act. The independent

hearing examiner shall have authority to exercise all powers granted

by Article II of the Administrative Procedures Act in conducting

hearings. The independent hearing examiner shall have authority to

recommend penalties authorized by the Credit Services Organization

Act and issue proposed orders, with proposed findings of fact and

proposed conclusions of law, to the Administrator pursuant to

Article II of the Administrative Procedures Act. The Administrator

shall review the proposed order and issue a final agency order in

accordance with Article II of the Administrative Procedures Act. A

final agency order issued by the Administrator shall be appealable

by all parties to the district court as provided in Article II of

the Administrative Procedures Act. The costs of the hearing

examiner may be assessed by the hearing examiner against the

respondent, unless the respondent is the prevailing party.

B. The Administrator may, after notice and hearing, decline to

renew a license, suspend or revoke any license, or in addition to or

in lieu of suspension or revocation, order refunds for any unlawful

charges or enter a cease and desist order if the Administrator finds

that:

1. The licensee has failed to pay any fee or charge properly

imposed by the Administrator under the authority of the Credit

Services Organization Act;

2. The licensee or any entity or individual subject to the

Credit Services Organization Act, either knowingly or without the

exercise of due care to prevent the same, has violated any

provisions of the Credit Services Organization Act or any regulation

or order lawfully made pursuant thereto; or

3. Any fact or condition exists which, if it had existed or had

been known to exist at the time of the original application for a

license, clearly would have justified the Administrator in refusing

the license.

C. Any licensee may surrender any license by delivering it to

the Administrator with written notice of its surrender, but such

Oklahoma Statutes - Title 24. Debtor and Creditor

surrender shall not affect the licensee's civil or criminal

liability for acts committed prior thereto.

D. No revocation, suspension or surrender of any license shall

impair or affect the obligation of any preexisting lawful contract

between the licensee and any customer.

E. The Administrator may reinstate suspended licenses or issue

new licenses to a person whose license or licenses have been revoked

if no fact or condition then exists which clearly would have

justified the Administrator in refusing originally to issue such

license pursuant to the Credit Services Organization Act.

F. On application of any person and payment of the cost

thereof, the Administrator shall furnish under the seal and

signature of the Administrator a certificate of good standing or a

certified copy of any license.

G. Any entity or individual offering to engage or engaged as a

credit service organization without a license in this state shall be

subject to a civil penalty not to exceed Five Thousand Dollars

($5,000.00).

H. The Administrator may impose a civil penalty as prescribed

in subsection G of this section, after notice and hearing in

accordance with Article II of the Administrative Procedures Act.

Any administrative order or settlement agreement imposing a civil

penalty pursuant to this section may be enforced in the same manner

as civil judgments in this state. The Administrator may file an

application to enforce an administrative order or settlement

agreement imposing a civil penalty in the district court of Oklahoma

County.

Added by Laws 1987, c. 208, § 50, operative July 1, 1987. Amended

by Laws 1987, c. 236, § 76, emerg. eff. July 20, 1987; Laws 2010, c.

415, § 12, eff. July 1, 2010.