Oklahoma § 52-420.6 - Suspension or revocation of registration permits Appeals - Rules governing sale or transfer

§ 52-420.6. Suspension or revocation of registration permits Appeals - Rules governing sale or transfer

A. The State Liquefied Petroleum Gas Administrator is

authorized to suspend or revoke any registration permit issued by

the Oklahoma Liquefied Petroleum Gas Board or impose an

administrative penalty, if it is found at a hearing on the matter,

that the registrant has violated or is violating or has failed or is

failing to comply with any provisions of the Oklahoma Liquefied

Petroleum Gas Regulation Act, any rules or specifications

promulgated or any order issued thereto, or has delivered a lesser

quantity of gas than the registrant bills the customer for with

intent to defraud.

Oklahoma Statutes - Title 52. Oil and Gas

B. 1. Upon the motion of the Administrator, or upon the

receipt of written complaint from any member of the Board, or from

any deputy administrator or safety code enforcement officer, that a

registrant has violated or is violating or has failed or is failing

to comply with any of the provisions of the Oklahoma Liquefied

Petroleum Gas Regulation Act, the rules, or specifications

promulgated or any order issued thereto, the Administrator is

authorized and it shall be the duty of the Administrator to hold an

administrative hearing pursuant to Article II of the Administrative

Procedures Act to consider such complaint.

2. The Administrator shall have the power to conduct

investigations; to summon and compel the attendance at such hearing

of witnesses; to require the production of any records or documents

pertinent to the subject matter of any investigation or hearing; and

to provide for the taking of depositions of witnesses.

3. Notice of the date, time and place of any such hearing shall

be given by registered mail not less than ten (10) days, exclusive

of the date of mailing, before the date thereof, addressed to the

registrant complained against and to any other parties involved,

each of whom shall have the right to file answer, to appear and be

heard in person and by counsel, and to present evidence at such

hearing.

C. If the Administrator finds at the hearing that the

registrant has violated or is violating or has failed or is failing

to comply with any provision of the Oklahoma Liquefied Petroleum Gas

Regulation Act or such rules, specifications or any order issued

thereto, the Administrator, if the findings justify such action,

shall issue an order suspending the registrant's registration permit

for a period not to exceed ninety (90) days, revoking the

registration permit, or imposing an administrative penalty of not

more than One Thousand Dollars ($1,000.00) for each separate

offense. Any administrative penalty imposed pursuant to this

section shall be deposited into the Liquefied Petroleum Gas Fund,

created pursuant to Section 420.11 of this title.

D. 1. The Administrator's findings, judgment and order shall

be reduced to writing and be recorded in a permanent public record

to be retained in the office of the Administrator. Copies shall be

furnished to the registrant complained against and to the Board.

2. Any registrant who has been assessed an administrative

penalty or whose registration permit is suspended or revoked by the

Administrator may, pursuant to Section 317 of Title 75 of the

Oklahoma Statutes, file for a rehearing, reopening or

reconsideration by the Board. The registrant shall be given the

opportunity to request a de novo hearing by the Board. Such

decision by the Board shall constitute final action by the Board.

3. Any registrant who has been assessed an administrative

penalty or whose registration permit has been suspended or revoked

Oklahoma Statutes - Title 52. Oil and Gas

upon review by the Board may, within thirty (30) days after such

filing, suspension or revocation, file an appeal with the district

court of Oklahoma County or in the county wherein the registrant

resides or has its principal place of business in this state,

pursuant to Article II of the Administrative Procedures Act.

E. 1. Except for an emergency as determined by the Board upon

the filing of a request for a rehearing, reopening or

reconsideration or as determined by the court upon an appeal for

judicial review of the order, enforcement of the Administrator's

order shall be stayed pending final disposition of such rehearing or

appeal.

2. Upon affirmance, the order shall become final and conclusive

and the stay of enforcement shall be vacated.

F. The Board shall promulgate reasonable rules governing the

sale or transfer of business, facilities or a permit connected with

or to be used in operations subject to regulation pursuant to the

Oklahoma Liquefied Petroleum Gas Regulation Act.

Added by Laws 1953, p. 224, § 6, emerg. eff. June 30, 1953. Amended

by Laws 1965, c. 127, § 3, emerg. eff. May 24, 1965; Laws 1971, c.

351, § 3; Laws 1997, c. 234, § 3, eff. Nov. 1, 1997; Laws 1998, c.

67, § 1, eff. July 1, 1998; Laws 1999, c. 366, § 4, eff. July 1,

1999; Laws 2002, c. 202, § 3, eff. July 1, 2002; Laws 2006, c. 143,

§ 5, emerg. eff. May 10, 2006; Laws 2018, c. 177, § 4, emerg. eff.

May 2, 2018.