SECTION 612:25-6-3. Grounds for suspension or termination of a license

(a)   A BEP license may be suspended or terminated for the reasons set forth in (1) through (13) of this Subsection.

(1)   Failure to open the assigned business enterprise as stated in the permit/contract with the grantor agency, without prior proper approval from the SLA (abandonment of business enterprise).

(2)   Defrauding any agency of the government (including the SLA) or any purveyor or failure to pay monies due including taxes, fees, or assessments to any governmental entity or purveyor.

(3)   Failure to file required financial and other records monthly reports with the SLA or and failure to comply/cooperate with audits conducted by the SLA or other State or Federal agencies.

(4)   Failure to maintain the required insurance coverage.

(5)   The business enterprise is not being operated in accordance with the rules and regulations, terms and conditions of the permit with the grantor agency, or the terms and conditions of the business enterprise manager's agreement.

(6)   Intentional abuse, neglect, unauthorized use or removal of the business enterprise equipment; or failure to properly maintain the equipment in a clean and operating manner within the scope of the licensed manager's level of maintenance authorization.

(7)   Substance abuse (alcoholic beverages, illegal drugs, etc.) while operating the business enterprise; or other substance abuse that interferes with the operation of a business enterprise.

(8)   Operation of a business enterprise in such a way that the SLA's interest in retaining the contract for the location is obviously endangered.

(9)   Failure to comply with all Federal and State laws prohibiting discrimination and failure to provide services without regard to race, gender, color, national origin, religion, age, political affiliation, or disability.

(10)   Determination by the SLA that the licensed manager no longer has the necessary skills and abilities for effectively managing a business enterprise.

(11)   Use of the business enterprise to conduct unlawful activities.

(12)   Failure to personally operate and manage the business enterprise in accordance with the manager's agreement. Management means the personal supervision of the day-to-day operation of the assigned BEP facility by the assigned manager.

(13)   Does not actively work as a licensed manager or licensed employee in the Business Enterprise Program for 2 years.

(b)   When the BEP Operations Coordinator determines that a BEP license should be suspended or terminated, the BEP Operations Coordinator shall make a written recommendation to the Division Administrator. The Division Administrator shall then recommend to the SLA Director for action. The licensed manager shall be notified in writing if action is to be taken. The BEP license may only be suspended or terminated after affording the licensed manager an opportunity for a full evidentiary hearing in accordance with BEP Rule 612:25-4-73. The licensed manager may be immediately removed from the operation pursuant to BEP Rule 612:25-6-1(c) pending the outcome of the evidentiary hearing.

[Source: Added at 14 Ok Reg 1472, eff 7-1-97; Amended at 29 Ok Reg 1447, eff 7-1-12; Amended at 32 Ok Reg 1312, eff 8-27-15]