SECTION 160:55-9-5. Hearing procedure-emergency actions

(a)   Hearing notice.

(1)   If the public health, safety, or welfare imperatively requires emergency action, such action, including the suspension of a license instanter or a cease and desist instanter, may be ordered pending the final outcome of proceedings instituted by the Administrator [75:314(C)(2) and 314.1]. An emergency order shall include an order for a hearing as required by administrative rule 160:3-1-4(j) and shall also be served as provided by administrative rule 160:3-1-4(j).

(2)   The notice shall:

(A)   state the time, place and nature of the hearing;

(B)   state the legal authority and jurisdiction for the hearing;

(C)   refer to the statutory sections and rules involved; and

(D)   state the matters asserted briefly and plainly [75:309(B)(1) - (4)].

(b)   Hearing. All parties shall be afforded the opportunity to respond and present evidence and argument on all points at issue [75:309(C)], and shall have the right to counsel [75:310(5)].

(c)   Standard of proof. The standard of proof is clear-and-convincing evidence. Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegation sought to be established.

(d)   Order.

(1)   The Administrator shall issue an order in accordance with administrative rule 160:3-1-4(i).

(2)   The order shall:

(A)   be in writing;

(B)   state findings of fact that shall be limited to the evidence from the hearing unless the parties agree otherwise on the record;

(C)   state conclusions of law;

(D)   state the effective date; and

(E)   be delivered in person or by certified mail with return receipt requested [75:309(H) and 312].

[Source: Added at 16 Ok Reg 2170, eff 6-25-99; Amended at 17 Ok Reg 1589, eff 5-25-00; Amended at 18 Ok Reg 2364, eff 6-25-01; Amended at 31 Ok Reg 949, eff 9-12-14]