SECTION 595:40-1-18. Hearings

(a)   In the event the Department has determined that a school's or instructor's license should be denied, suspended, revoked, or canceled, notice shall be provided by mail to the applicant or licensee 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, the Department shall grant the person an opportunity to be heard.

(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 proposed order based upon the law and the evidence presented. Each party shall be promptly notified of the proposed order either personally or by mail.

(e)   The proposed order shall become the final order twenty (20) days from the date of entry.

(f)   By written stipulation the respondent my waive compliance with 75 O.S. §311, in accordance with 75 O.S. §311.If not waived the respondent may make written exceptions to the proposed order requesting the opportunity to present briefs and oral argument to the Commissioner. Such a request must:

(1)   be in writing, and

(2)   be received within twenty (20) days of the entry of the proposed order.

(g)   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.

(h)   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.

(i)   A party aggrieved with the final order may file an appeal with the Commissioner requesting a rehearing, reopening or reconsideration of the case in accordance with 75 O.S. §317. Such an appeal must:

(1)   be in writing,

(2)   be within ten (10) days of the entry of the final order, and

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

[Source: Added at 10 Ok Reg 4813, eff 9-28-93 (emergency); Added at 11 Ok Reg 2407, eff 5-26-94; Amended at 16 Ok Reg 3180, eff 7-12-99; Amended at 34 Ok Reg 1971, eff 9-11-17]