Oklahoma § 59-3150.15 - Independent hearing examiner – Suspension or

§ 59-3150.15. Independent hearing examiner – Suspension or

revocation of license.

A. The Administrator of the Department of Consumer Credit shall

appoint an independent hearing examiner to conduct all

administrative hearings involving alleged violations of Title 14A of

the Oklahoma Statutes. 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 recommend penalties authorized by

Title 14A of the Oklahoma Statutes 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. The costs of the hearing examiner

Oklahoma Statutes - Title 59. Professions and Occupations

may be assessed by the Administrator against the respondent, unless

the respondent is the prevailing party. Any person aggrieved by a

final agency order of the Administrator may obtain judicial review

in accordance with the Administrative Procedures Act. The

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

court of Oklahoma County or the county of the aggrieved.

B. The Administrator may, after notice and hearing, suspend or

revoke any license if the Administrator finds that the licensee has

knowingly or through lack of due care:

1. Failed to pay any fees, expenses or costs imposed by the

Administrator under the authority of this act;

2. Committed any fraud, engaged in any dishonest activities or

made any misrepresentations;

3. Violated any provision of this act, any administrative rule

promulgated pursuant to this act or any other law in the course of

the licensee's dealings as a licensee;

4. Made a false statement in the application for the license or

failed to give a true reply to a question in the application; or

5. Demonstrated incompetency or untrustworthiness to act as a

licensee.

C. If the reason for revocation or suspension of a licensee's

license at any one location is of general application to all

locations operated by a licensee, the Administrator may revoke or

suspend all licenses issued to a licensee.

D. A hearing shall be held on written notice given at least

twenty (20) days prior to the date of the hearing and shall be

conducted in accordance with the Administrative Procedures Act.

Added by Laws 2019, c. 89, § 17, eff. Nov. 1, 2019.