SECTION 45:1-7-2. Authority to conduct hearings

  In addition to the authority heretofore delegated by the Commission to the Director, he is hereby authorized, as provided for in Sections 1-108, 2-150, 2-151, and 2-152 of Title 37A of the Oklahoma Statutes, to conduct hearings on all violations of the Rules and Regulations of the Commission or the Oklahoma Alcoholic Beverage Control Act and the amendments thereto, by licensees, and to deny any license or renewal thereof, and to suspend or revoke, after proper notice is given, any license issued under the Act, impose probation, and assess a fine for any violations found as a result of hearing, if by preponderance of the evidence, it appears that any licensee has committed the violation alleged in the notice, subject to the limitations hereinafter set out:

(1)   No order denying a renewal, or order of revocation, order of suspension or fine shall be made by the Director unless a sufficient legal notice shall have been mailed by certified mail or served upon the licensee at least fifteen (15) days prior to such hearing. The notice shall set forth the grounds for the proposed agency action. Any licensee aggrieved by the action of the Director, may, in cases where a license or renewal thereof is denied, or a suspension or revocation thereof is ordered, or a fine imposed, within fifteen (15) days of the issuance of the Order or Notice of the Director, file with the Commission a written request for a review of the Order of the Director before the Commission, and shall be accorded such hearing in compliance with the provisions of the Act. The Director shall cause a transcript of the testimony heard by him or his Hearing Officer to be presented to the Commission on or before the date of the hearing by the Commission.

(2)   The Director may, within his discretion for good cause, defer any matter to a hearing before the Commission for final determination.

(3)   The Director shall make a monthly report to this Commission of any and all suspensions or revocations ordered by him under the provisions of this Section and, after the same becomes final, shall notify the District Attorney of the county wherein the licensee's premises are located, as required by the Act.

[Source: Amended at 35 Ok Reg 799, eff 10-1-18]