SECTION 460:1-11-3. Complaints

(a)   Any person or the Commission on its own motion may file a complaint alleging misconduct or violation of any order of the Commission. All complaints must be in writing signed under oath by the person filing the complaint or the personal representative of such person, and shall be filed with the Commission with a statement of charges incorporated within.

(b)   Written notice of the complaint shall be given to the alleged violator along with notice that an investigative committee, comprised of members of the Commission or a person designated by the Commission and appointed by the Chairman, will investigate the allegations and determine if there is probable cause to believe that such misconduct or violation has occurred. The committee may, in its discretion, afford the alleged violator an opportunity to be heard in the course of the investigation.

(c)   The written notice of the complaint issued by the Commission may be served either personally or by mailing a copy by registered mail directed to the affected party at his last-known address as shown by the files or records of the Commission. Proof of such service shall be filed in the Office of the Commission. Any notice, order or other instrument issued by the Commission will be served in this manner.

(d)   The investigative committee or the designated person shall deliver a written report to the Commission which shall included a summary of the evidence considered, the conclusions of fact, and a recommendation as to further action to be taken in the matter. The report will serve as the basis for the Commission's determination in the matter. The determination of the Commission shall be delivered to the parties involved with notice contained therein that a formal hearing may be requested pursuant to Section 460:1-11-5 of the Chapter, 45 O.S. (1981) Section 1 et seq., as amended, and the APA (75 O.S., Section 301 et seq.).