SECTION 175:1-5-6. Investigation of alleged violation  

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  • (a)   Alleged violations are investigated by State Cosmetology/BarberInspector/Examiners and findings are confirmed by written reports and depositions and other records. One or more Inspector/Examiners may be assigned to complete the investigatory process.
    (b)   All investigative files shall be confidential pursuant to 51 O.S. Sec 24A.12. However, the Board may provide information in the files to the following:
    (1)   Any Board of Cosmetology/Barbering or other Board of any state which exercises authority and licensing over those persons involved in the teaching or practicing of cosmetology or barbering.
    (2)   Any law enforcement agency which makes a proper showing that such information is necessary to conduct a pending investigation.
    (3)   Any person who has filed a complaint against a licensee, registrant, or other person may be notified of the final disposition of the matter upon request.
    (c)   Reports are reviewed by the agency attorney and Executive Director. The Executive Director shall determine, in accordance with pertinent cosmetology and barber law and Board rules and regulations, whether sufficient evidence exists to issue a formal Complaint and call for a disciplinary hearing before the Board.
    (d)   It is the Board's responsibility to attempt an informal resolution of the matter, or terminate the investigation if it is determined that a violation of the Cosmetology and Barbering Act [Title 59 O.S. Section 199.1 et. seq] or the Board's rules has not occurred, or if there is insufficient evidence to support the allegations in the complaint.
[Source: Amended at 13 Ok Reg 1593, eff 7-1-96; Amended at 16 Ok Reg 3289, eff 7-26-99; Amended at 21 Ok Reg 999, eff 7-1-04; Amended at 31 Ok Reg 1104, eff 11-1-14]