SECTION 450:1-5-5. Petition and notice in individual proceedings

(a)   Petition and Notice. In the event the Commissioner determines action should be taken, an individual proceeding may be initiated by filing a petition and notice with the Hearing Clerk for ODMHSAS, who shall be designated by the Commissioner, and by serving the petition on all respondents. The petition and notice shall include a statement of the legal authority and jurisdiction under which the action is taken, reference to the statutes and rules involved, a short and plain statement of the matters asserted and the relief requested. The petition may allege facts by attaching and incorporating a document by reference. The petition and notice shall commence and become effective fifteen (15) calendar days after receipt of said notice by the respondent, unless the respondent timely files a written request for a hearing with ODMHSAS.

(b)   Request for hearing. A request for hearing will be timely filed if said request is in writing and received by the Hearing Clerk of ODMHSAS within ten (10) calendar days of the date the party received the petition and notice. If a timely written request for a hearing is not filed by the respondent, the allegations in the petition shall be deemed confessed by the respondent and the action will become final as set forth herein. If the written request for hearing is timely filed, such hearing shall be scheduled before an Administrative Hearing Officer at least fifteen (15) days from the date said request is filed, and the parties shall be notified of the date, time and place of the hearing. If an emergency exists, a hearing may be conducted without the filing of a petition and without waiting fifteen (15) days.

[Source: Added at 10 Ok Reg 3741, eff 7-12-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1363, eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 23 Ok Reg 1941, eff 7-1-06; Amended at 24 Ok Reg 2554, eff 7-12-07]