SECTION 450:1-9-9.1. Appeal of an issued administrative sanction

(a)   Any determination of the ODMHSAS regarding the suspension or revocation of a certification may be appealed by the aggrieved party to the ODMHSAS Board.

(b)   Appeal. The proposed order shall become final unless a party files and serves a written request for an appeal to the Board with the Hearing Clerk within fifteen (15) calendar days of the filing of the proposed order.

(c)   Briefs and exceptions. In the event an appeal to the Board is requested, all parties will be given the opportunity to file briefs and exceptions to the proposed order.

(d)   Hearing. When a request for an appeal is filed, the matter will be set on the agenda of the next Board meeting, unless the request is filed fifteen (15) calendar days or less prior to the next scheduled Board meeting, in which case it will be set on the agenda of the following meeting. At the Board meeting, the parties shall be permitted to present their briefs and oral argument; the length of oral argument shall be determined by the chair of the Board. Upon conclusion of oral argument by the parties, the Board may convene in executive session to deliberate the matter.

(e)   Issuance and service of order. Within thirty (30) calendar days after the appeal hearing before the Board, the Board shall issue an Order stating the findings of fact made and the conclusions of law reached, and specifying the action to be taken. The Hearing Clerk shall file the Order and serve it on the parties; the respondent(s) shall be served by certified mail, return receipt requested.

(f)   Appeal. A party may appeal an Order as provided in the APA.

[Source: Added at 23 Ok Reg 1941, eff 7-1-06]