SECTION 455:10-7-1. Preliminary investigation

(a)   A preliminary investigation shall be conducted upon receipt of a petition for appeal to determine through review of any content in the petition for appeal and attachments: jurisdiction, issues of the appeal, parties to the appeal and whether or not there is evidence to support the allegations.

(b)   Clarification of the appeal may be obtained through written questions, interviews or any other methods determined appropriate. Failure of the appellant to appear, respond or provide requested information shall be grounds to dismiss the appeal without further review.

(c)   If jurisdictional requirements are not met or if the appellant has not provided evidence to support the allegations, the parties shall be sent a copy of the investigative report which shall describe why proposed dismissal action is being recommended. Any party may respond, in writing, and provide any additional information within the time limits established for receipt of such information. The time limit for response may be extended for good cause.

[Source: Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 17 Ok Reg 2560, eff 6-26-00; Amended at 19 Ok Reg 2376, eff 7-1-02]