SECTION 595:11-7-16. Hearings

(a)   In the event the Department has determined that a school's license or and instructor's permit should be denied, suspended, revoked, or canceled, notice shall be provided by mail to school or instructor, or to the applicant for a school license or instructor permit, of the facts or conduct which warrant the intended action, and an opportunity for hearing shall be offered. The aggrieved party may request a hearing within twenty (20) days of receipt of the notice. The request for a hearing shall be in writing and must:

(1)   state the name and address of the respondent,

(2)   state which allegations of violations, if any, are admitted,

(3)   state generally the issues to be raised by the respondent at the hearing, but issues not raised in the written request are not barred from presentation at the hearing, and

(4)   be addressed to the official who issued the notice.

(b)   If the hearing is timely requested, such hearing shall be scheduled at the Department no less than fifteen (15) days nor more than thirty (30) days from the date the Department received the request. However, the parties may agree to schedule the hearing at another location or time.

(c)   The Commissioner shall designate the hearing officer. Each party shall be afforded the opportunity to respond and present evidence and argument on all issues involved. Either party may make application for a continuance of the hearing. The granting or denial of a continuance is within the reasonable discretion of the hearing officer.

(d)   The hearing officer shall render a decision based upon the law and the evidence presented. Each party shall be promptly notified of the decision either personally or by mail.

(e)   Unless the hearing officer timely receives a written request for a rehearing, reopening, or reconsideration of the decision as provided by the Administrative Procedures Act [75 O.S. §317], the hearing officer shall, after twenty (20) days from the entry of the decision, enter an appropriate final order. Each party shall be notified of the final order personally or by mail.

(f)   If the respondent fails to appear at the scheduled hearing without good cause, the hearing officer shall record the nonappearance and enter a final order.

(g)   If the Department representative fails to appear without good cause, the hearing officer shall record the nonappearance and enter a final order dismissing the administrative penalty action, with prejudice. The parties shall be notified that the department action has been dismissed with prejudice.

(h)   A party aggrieved with the hearing officer's decision may file an appeal with the Commissioner requesting reopening or reconsideration of the case [75 O.S. §317]. Such an appeal must:

(1)   be in writing,

(2)   be within twenty (20) days of the entry of the decision by the hearing officer, and

(3)   state the grounds for the appeal and include all arguments and information pertinent to the grounds for appeal.

[Source: Added at 26 Ok Reg 2749, eff 7-25-09]