SECTION 630:4-5-4. Petition, service and request for hearing

(a)   Petition. If the Administrator or the Commission determines that action should be taken to enforce the rules or minimum local government standards of the OSRC, the Administrator may initiate an individual hearing pursuant to the APA by filing a petition with the OSRC and by serving the petition on each respondent. The petition shall include a statement of the legal authority and jurisdiction under which the action is taken, reference to the statutes and rules involved, a short and plain statement of the matters asserted and the relief requested. The petition may allege facts by attaching and incorporating a document by reference. The petition shall provide that the action shall commence and become effective fifteen (15) calendar days after receipt of the petition by the Respondent, unless the Respondent timely files a written request for a hearing with the OSRC.

(b)   Service. The petition shall be served on each respondent personally or by registered or certified mail, return receipt requested. Substitute service of a petition may be completed after personal and mail service are attempted with the filing of an affirmation of the attempted service and that the petition were then mailed first class mail to the last known address of the respondent. All subsequent documents shall be served personally or by first class mail. Service shall thereafter be made on attorneys who have entered an appearance for a party. Service of a petition is complete at the time of personal service or, if service is made by mail, upon receipt. Service of all subsequent documents is complete at the time of personal service or, if service is by mail, upon mailing.

(c)   Request for hearing. A request for hearing must set forth objections to the petition and will be timely filed if said request is in writing and postmarked or hand delivered to the OSRC within fifteen (15) calendar days of the date the party received the petition. If a timely written request for a hearing is not filed by the Respondent, the allegations in the petition shall be deemed confessed by the Respondent and the action will become final as set forth herein. If the written request for hearing is timely filed, such hearing shall be scheduled before the Commission or a hearing examiner at least fifteen (15) days after the date said request is filed, and the parties shall be notified of the date, time and place of the hearing. If an emergency exists, a hearing may be conducted without the filing of a petition and without waiting fifteen (15) days.

[Source: Amended at 25 Ok Reg 2003, eff 7-1-08]