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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 245. State Board of Licensure for Professional Engineers and Land Surveyors |
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Chapter 15. Licensure and Practice of Professional Engineers and Land Surveyors |
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Subchapter 23. Violations |
SECTION 245:15-23-9. Filing a complaint; forms and evidence; Formal Notice of Charges
Latest version.
- (a) Any person or entity, including the Board or Board staff, may file a complaint alleging violations of these Rules, Title 59 O.S. Section 475.1 et seq., and the Corner Perpetuation and Filing Act, Title 65 O.S. Sections 3.116-3.123.(b) All complaints may be made on forms prescribed by the Board, which are available from the Board, or by other means. The complainant may submit anonymous complaints, which may be investigated by Board staff as described in policies and procedures of the Board.(c) When a complaint is received, it shall be referred to an investigation committee designated by the Executive Director or Director of Enforcement. The investigation committee shall make a determination if probable cause exists for taking further action or for issuing a Formal Notice of Charges. Action against the individual, licensee, entity or firm holding a Certificate of Authorization may be brought in the name of the Board.(d) In the event the investigation committee determines that a probable cause exists, the legal counsel of the Board shall be requested to prepare a Formal Notice of Charges.(e) The Formal Notice of Charges shall be personally served or mailed to the last known address of the respondent(s) at least 30 days before the date fixed for hearing.(f) The Formal Notice of Charges shall show the time, place, and nature of the hearing, a statement of legal authority and jurisdiction under which the hearing is to be held, a reference to the particular section of the statutes and rules involved, and a short and plain statement of the matters asserted. The Formal Notice of Charges shall indicate that at any hearing the accused individual, licensee, entity or firm holding a Certificate of Authorization shall have the right to appear in person, by counsel, or both to cross-examine witnesses in his/her or its defense and to produce evidence and witnesses of his/her or its own defense. If the accused person or firm fails or refuses to appear, the Board may proceed to hear and determine the validity of the charges.(g) Hearings conducted in accordance with OAC 245:15-23-15 are subject to the rules of evidence specified by the Oklahoma Administrative Procedures Act.