SECTION 720:1-1-7. Hearings


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  • (a)   If the complaint and the investigative report appear to the Committee to warrant and support such action, and upon the affirming vote of a majority of the members present in open meeting, the Committee shall draw up its own complaint (the Committee vs. the publisher or publishing company representative) and shall set the date, time, and place for a formal hearing in open meeting.
    (b)   The formal hearing will be an administrative proceeding held to determine what action should be taken against a publisher or publishing company representative due to alleged misconduct, violations of the statutes or the rules and regulations, or procedural irregularities.
    (c)   The secretary of the State Textbook Committee shall notify the publisher or publishing company representative named in the Committee's complaint of the scheduled formal hearing by certified or registered mail. This notification shall include a copy of the Committee's complaint, and the date, time, and location of the Committee meeting at which the Committee will hold its formal hearing regarding the complaint. The notice shall also include other information as required in the Administrative Procedures Act. The publisher or publishing company representative may be represented at the hearing in writing or in person. If the publisher or publishing company representative does not so appear, the Committee may, within its discretion, summarily remove the publisher from the textbook adoption process by disregarding a publisher's bid or declaring a contract forfeited. The Committee shall record its findings and order in writing.
    (d)   Upon discovery of apparent discrepancies regarding failure to meet established deadlines, violations of statutes or rules and regulations, or procedural irregularities, the State Textbook Committee may take such action as it deems appropriate and is authorized by law including removing publishers from the process by disregarding the publisher's bid or declaring a contract forfeited.
[Source: Added at 11 Ok Reg 927, eff 12-23-93 (emergency); Added at 11 Ok Reg 3551, eff 6-27-94]