SECTION 160:65-3-3. License denials

(a)   Denial notice. The Administrator shall notify the applicant of the denial of a license application in writing stating the reasons for the denial, and the application fee for license shall be returned to the applicant, but the Administrator shall retain the investigation fee for license [14A:3-504(2)]. The notice shall be sent by certified mail with return receipt requested or be delivered in person.

(b)   Hearing request. The applicant may make a written request for a hearing on the application within thirty (30) days of receipt of the denial notice [14A:3-504(2)].

(c)   Hearing notice.

(1)   If the applicant makes a timely request for a hearing, a hearing shall be held within sixty (60) days of receipt of the request [14A:3-504(2)]. However, the applicant shall be given twenty (20) days notice of the hearing in writing.

(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)].

(d)   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)].

(e)   Order.

(1)   The Administrator shall issue an order granting or denying the license application within sixty (60) days from the last day of the hearing unless the period is extended by written agreement between the applicant and the Administrator [14A:3-504(3)].

(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; and

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

[Source: Added at 16 Ok Reg 2184, eff 6-25-99; Amended at 17 Ok Reg 1592, eff 5-25-00]