SECTION 165:30-7-13. Disqualification procedure

(a)   General provisions. Any person may, after notice and an opportunity for hearing, be disqualified from conducting business before the Transportation Division of the Commission if such person:

(1)   Is shown to be incompetent or disreputable;

(2)   Refuses to comply with rules and regulations;

(3)   With intent to defraud, in any manner willfully and knowingly deceives, misleads, or threatens any person;

(4)   Advises a person to file a fraudulent or false report or return;

(5)   Knowingly prepares or files a false or fraudulent report or return;

(6)   Assists, aids or abets any person in or by concealing any information pertaining to said person's books, records, reports or returns;

(7)   Delays proceedings of the Commission by disposing of or concealing information required in the filing of reports or returns under any Commission law or rule, or assisting another in such acts; or

(8)   Commits any other misconduct determined by the Commission.

(b)   Complaint and initial investigation. The Commission may, upon its own initiative, or upon receiving a written complaint filed with the Director of the Transportation Division, cause the complaint to be investigated and a determination made as to whether good cause exists for initiating a disqualification proceeding. If it is determined that none of the conditions in subsection (a) above have been met, or if there is insufficient evidence to support the allegation, the investigation will be terminated. If a determination is made that good cause exists for initiating a disqualification proceeding, such proceeding will be promptly commenced.

(c)   Commencement, notice, and conduct of hearing. The commencement of the proceeding, notice to the respondent, and conduct of the hearing shall be held in compliance with the Commission's Rules of Practice, OAC 165:5.

(d)   Burden of proof. The Office of the General Counsel shall have the burden of establishing, by a preponderance of the evidence, that a condition in subsection (a) has been met such that respondent should be disqualified from conducting business before the Commission. Notice of the final disposition of the disqualification proceedings will be provided to the respondent.

(e)   Scope of action. The respondent may be found qualified to conduct business before the Commission, or may be disqualified from conducting business before the Commission for a stated period of time or indefinitely. The Commission may provide notice of the determination of the disqualification proceeding to other agencies, boards, or Commissions who exercise jurisdiction or regulatory authority over the respondent or the activities involved in the violation. Nothing in this Section shall preclude the Commission from seeking any other remedies or legal proceedings available at law to enforce its orders or rules.

[Source: Added at 26 Ok Reg 1398, eff 7-1-09]