Oklahoma § 63-4217.2 - Abandoned vessels – Contest of removal or storage –

§ 63-4217.2. Abandoned vessels – Contest of removal or storage –

Hearing.

A. After the removal or storage of any abandoned or wrecked

vessel at the request of a public agency, the registered or legal

owner of the vessel, or their agent, may contest the validity of the

removal or storage, by filing a written request for a hearing with

the public agency. The written request may be filed before or after

the vessel is retrieved from the storage operator. The public

agency shall not be required to conduct a hearing if the request is

received more than ten (10) days following actual or constructive

notice to the owner or driver of the vessel that the vessel has been

so removed or stored. A hearing shall be scheduled within seventytwo (72) hours of the request, excluding weekends and holidays. The

public agency may authorize its own officer or employee to conduct

the hearing, so long as the hearing officer is not the same person

who directed the removal or storage of the vessel. The public

agency may, with the consent of the person requesting the hearing,

schedule the hearing by telephone and conduct the hearing on the

merits by telephone conference call.

The hearing officer shall apply the law to the evidence and make

a determination whether the vessel removal and storage was

justified. If deemed unjustified, the public agency shall bear the

cost of hookup and tow mileage, and the operator shall waive all

storage costs in such cases as a condition of eligibility to respond

to a service call request from a public agency. The vessel owner or

agent shall not be charged any type of fee or costs relating to

impoundment or storage in such case. If the tow and storage is

deemed justified, the owner or agent shall bear the cost of

reasonable tow and storage.

B. Failure of either the registered or legal owner, or their

agent, to timely request or to timely appear for a scheduled hearing

shall satisfy the hearing requirement of this section.

C. The hearing conducted by the public agency pursuant to this

section shall not be governed by the Administrative Procedures Act.

The owner of a stored vessel may, either in lieu of such hearing or

after such hearing, file a petition in the district court of the

Oklahoma Statutes - Title 63. Public Health and Safety

county wherein the vessel is stored. The district court is vested

with original jurisdiction to conduct a de novo hearing and

determine the validity of removal and storage.

D. The provisions of this section shall not apply to the

removal of vessels pursuant to Section 954A of Title 47 of the

Oklahoma Statutes.

Added by Laws 2002, c. 66, § 5.