SECTION 325:80-19-2. Procedures for consideration of Applications for Manufacturer, Distributor, Manufacturer/Distributor and Key Executive Licenses

  Applications for a Manufacturer, Distributor, Manufacturer/Distributor and Key Executive Licenses will be determined by the Executive Director after the Commission's Law Enforcement Division completes its background investigation and, based upon that investigation, makes a recommendation to the Executive Director.

(1)   If the Law Enforcement Division recommendation is that the license be approved, the Executive Director shall grant the application by issuing a license.

(2)   If the recommendation of the Law Enforcement Division is that the license not be issued, the applicant shall be notified in writing of the recommendation and the reasons therefore. If the applicant wishes to contest the recommendation, the applicant shall, within ten (10) days of receipt of the notice, request in writing a hearing before the Executive Director. If a written request for such a hearing is not received in the Commission office by close of business on the tenth day after receipt of notice of adverse recommendation, the recommendation of the Law Enforcement Division shall be approved and no license shall be issued.

(3)   If a written request for a hearing is received in a timely manner, the Executive Director shall conduct a hearing in accordance with the Oklahoma Administrative Procedures Act and issue Findings of Fact, Conclusions of Law, and Order. If the Executive Director Rules in favor of the applicant, the matter may be disposed of by the issuance of a license without the issuance of a formal Order. Decisions adverse to the applicant are appealable to the District Court under the Oklahoma Administrative Procedures Act.

[Source: Added at 23 Ok Reg 1150, eff 4-6-05 (emergency); Added at 23 Ok Reg 2079, eff 5-11-06 (emergency); Added at 23 Ok Reg 2602, eff 6-25-06]