SECTION 160:60-9-3. 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]. In such cases, the Administrator shall notify the party of such action by certified mail with return receipt requested or personal delivery, and shall include in such notice an order of hearing. The hearing shall be held within ten (10) days of the notice unless postponed by written agreement between the party and the Administrator.

(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) and 59:1528(B)].

(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 within thirty (30) days from the last day of the hearing unless the period is extended by written agreement between the party and the Administrator.

(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), 312 and 59:1528(B)].

[Source: Added at 16 Ok Reg 2178, eff 6-25-99; Amended at 17 Ok Reg 1591, eff 5-25-00; Amended at 18 Ok Reg 2365, eff 6-25-01]