Oklahoma § 59-1528 - Denial, suspension or revocation of license - Hearing

§ 59-1528. Denial, suspension or revocation of license - Hearing

A. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Precious Metal and Gem Dealer Licensing Act. The

independent hearing examiner shall have authority to exercise all

powers granted by Article II of the Administrative Procedures Act in

Oklahoma Statutes - Title 59. Professions and Occupations

conducting hearings. The independent hearing examiner shall have

authority to recommend penalties authorized by the Precious Metal

and Gem Dealer Licensing 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. Any person aggrieved by a final

agency order of the Administrator may obtain judicial review in

accordance with the Oklahoma Administrative Procedures Act. The

jurisdiction and venue of any such action shall be in the district

court of Oklahoma County.

The costs of the hearing examiner may be assessed against the

respondent, unless the respondent is the prevailing party.

B. The Administrator may, after notice and hearing, deny,

decline to renew a license, suspend or revoke any license , order a

cease and desist order, impose an administrative fine in an amount

not to exceed Five Thousand Dollars ($5,000.00) or impose a

combination of such penalties if it is found that:

1. The applicant has been convicted of a felony or crime

involving fraud, theft, receiving or possession of stolen property

in the five (5) years preceding the submission of the application;

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

imposed by the Administrator under the authority of the Precious

Metal and Gem Dealer Licensing Act;

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

Precious Metal and Gem Dealer Licensing Act has violated any

provision of the Precious Metal and Gem Dealer Licensing Act or any

rule promulgated or order made pursuant to and within the authority

of the Precious Metal and Gem Dealer Licensing Act; or

4. 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. Such

surrender shall not affect the administrative penalty or criminal

liability of the licensee for acts committed prior to the surrender

of the license.

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 Commission on Consumer Credit shall prescribe by rule an

inspection fee, fee for each license change, duplicate license, or

returned check. The inspection fee shall be the same amount as the

examination fee for pawnbrokers and shall be payable at the time of

license application or license renewal.

Oklahoma Statutes - Title 59. Professions and Occupations

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

precious metal and gem dealer in this state without a license shall

be subject to an administrative fine in an amount not to exceed Five

Thousand Dollars ($5,000.00).

G. The Administrator may impose an administrative fine as

prescribed in subsections B and F of this section, after notice and

hearing in accordance with Article II of the Administrative

Procedures Act.

H. Any administrative order or settlement agreement imposing an

administrative fine 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 in the district court of Oklahoma County.

Added by Laws 1981, c. 213, § 8, operative July 1, 1981. Amended by

Laws 2010, c. 415, § 20, eff. July 1, 2010; Laws 2013, c. 153, § 2,

eff. Nov. 1, 2013.