Oklahoma § 71-810 - Suspension or revocation of registration - Grounds Procedure

§ 71-810. Suspension or revocation of registration - Grounds Procedure

A. The Administrator may issue a final order denying

effectiveness to, or suspending or revoking effectiveness of, any

Oklahoma Statutes - Title 71. Securities

registration if the Administrator finds that the order is in the

public interest and that:

1. The registration as of its effective date or as of any

earlier date in the case of any order denying effectiveness, or any

amendment as of its effective date, or any report is incomplete in

any material respect or contains any statement which was, in the

light of the circumstances under which it was made, false or

misleading with respect to any material fact;

2. Any provision of the Oklahoma Business Opportunity Sales Act

or any rule, order or condition lawfully imposed pursuant to the act

has been willfully violated, in connection with the business

opportunity:

a.

by the person filing the registration, or

b.

by the seller, any partner, officer or director of the

seller, any person occupying a similar status or

performing similar functions, or any person directly

or indirectly controlling or controlled by the seller,

but only if the person filing the registration is

directly or indirectly controlled by or acting for the

seller;

3. The business opportunity registered or sought to be

registered is the subject of an administrative order denying,

suspending or revoking a registration or a permanent or temporary

injunction of any court of competent jurisdiction; but the

Administrator:

a.

may not institute a proceeding against an effective

registration pursuant to this paragraph more than one

(1) year from the date of the order or injunction

relied on, and

b.

may not enter an order pursuant to this paragraph on

the basis of an order or injunction entered under any

other state act unless that order or injunction was

based on facts, other than facts which establish

jurisdiction, which would currently constitute a

ground for an order under this section;

4. The seller's enterprise or method of business, or that of

the business opportunity, includes or would include activities which

are illegal where performed;

5. The business opportunity or the offering of a business

opportunity has worked or tended to work a fraud upon purchasers or

would so operate;

6. There has been a failure to file any documents or

information required by Section 807 of this title;

7. The seller has failed to pay the proper filing fee but the

Administrator may enter only a denial order under this paragraph and

the Administrator shall vacate any such order when the deficiency

has been corrected; or

Oklahoma Statutes - Title 71. Securities

8. The seller's literature or advertising is misleading,

incorrect, incomplete or deceptive.

Except as provided in subsection C of this section or unless the

right to notice and hearing is waived by the person against whom the

order is to be issued, no order may be issued under this section

without notice and opportunity for hearing as required by the

Administrative Procedures Act. If the person to whom such notice is

addressed does not request a hearing within fifteen (15) days after

the service of the notice is effective, an order as provided in this

subsection shall be issued.

B. The Administrator may not institute a proceeding under this

section against an effective registration on the basis of a fact or

transaction known to the Administrator when the registration became

effective unless the proceeding is instituted within thirty (30)

days from the date the registration became effective.

C. 1. If the Administrator makes written findings of fact to

support the conclusion that the public interest will be harmed by

delay in issuing an order pursuant to subsection A of this section,

the Administrator may by order summarily postpone or suspend the

effectiveness of the registration pending final determination of any

proceeding under this section. Upon the entry of the summary order,

the Administrator shall promptly notify the respondent or

respondents:

a.

that the summary order has been entered and the

reasons therefor,

b.

that the person subject to the summary order, if

desiring a hearing, must make written request for a

hearing to the Administrator within fifteen (15) days

after service of the notice is effective,

c.

that within fifteen (15) days after receipt by the

Administrator of a written request the matter will be

set for hearing to determine whether the summary order

should be modified, vacated or extended pending final

determination of any proceeding under subsection A of

this section, and

d.

that a hearing shall be commenced within fifteen (15)

days of the matter being set for hearing.

2. The summary order shall remain in effect until the

conclusion of the hearing on the summary order unless the

Administrator or his or her designee extends the summary order

pending final determination of any proceeding under subsection A of

this section. If no hearing is requested and none is ordered by the

Administrator, the summary order will remain in effect until it is

modified or vacated by the Administrator or his or her designee. If

a request for hearing on the summary order is timely made and if

said hearing is not commenced by the Administrator within the time

limit set forth herein, the summary order shall dissolve and a final

Oklahoma Statutes - Title 71. Securities

order shall not be issued pursuant to subsection A of this section,

except upon reasonable notice and opportunity for a hearing.

D. The Administrator may vacate or modify an order issued under

this section if the Administrator finds that the conditions which

prompted its entry have changed or that it is otherwise in the

public interest to do so.

Added by Laws 1985, c. 157, § 10, eff. Nov. 1, 1985. Amended by

Laws 1992, c. 169, § 4, eff. Sept. 1, 1992; Laws 1997, c. 279, § 26,

eff. July 1, 1997; Laws 1999, c. 109, § 17, eff. July 1, 1999.