SECTION 310:645-5-2. Formal objection(s)

  If a formal objection occurs during the publication, the Commissioner, or a duly appointed hearing officer, shall conduct a hearing, as an individual proceeding within the meaning and pursuant with the provisions of the Administrative Procedure Act (75 O.S. 1981, Section 315.1). Written notice, established by verification of delivery, and a reasonable opportunity to be heard shall be given to all objecting parties and the Board(s) of Commissioners. Objecting parties will be those established by the Board of Commissioners resolution, as required by 63 O.S. Supp. 1990, Section 30.87(A), or this Chapter.

(1)   Objections must be based upon the reason that the described area of such county, or counties, is currently being adequately served by fast, efficient fire protection or emergency medical services, which are provided by a municipality or other governmental body located in the State of Oklahoma.

(2)   If a final determination by the Commissioner is that the area in question is not adequately served as described within 63 O.S. Supp. 1990, Section 30.85, et seq., the Commissioner shall issue an order to establish the Supplemental Emergency Service District and its boundaries, based upon the following considerations:

(A)   That all requirements of the procedure and application are found to be valid.

(B)   That this review, and subsequent written report, will be conducted by the Department, or Fire Marshal as appropriate.

(C)   That the review will be based upon a determination by the Department, and/or Fire Marshal, that no Oklahoma emergency service provider or fire department will be adversely affected.

(3)   The Commissioner shall provide written authorization within thirty (30) working days in the form of a certified mail receipt, to establish a Supplemental Emergency Service District. This authorization will be sent to the Board(s) of Commissioners who initiated the application for a Supplemental Emergency Service District.