SECTION 75:1-5-4. 1 Petition and notice in individual proceedings

(a)   Petition and Notice. In the event the Attorney General determines action should be taken, an individual proceeding may be initiated pursuant to the APA by filing a petition and notice with a Hearing Officer, as designated by the Attorney General, for the matter, and by serving the petition on all respondents. The petition and notice 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 and notice shall provide that the action shall commence and become effective fifteen (15) calendar days after receipt of said notice by the Respondent, unless the Respondent timely files a written request for a hearing with the Office of the Attorney General.

(b)   Request for hearing. A request for hearing will be timely filed if said request is in writing and postmarked or hand delivered to the Hearing Officer within fifteen (15) calendar days of the date the party received the petition and notice. 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 Attorney General or Hearing Officer at least fifteen (15) days from 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: Added at 23 Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06]

Note

EDITOR’S NOTE: Two different rules were promulgated at this Section number (75:1-5-4) in the emergency action published at 23 Ok Reg 329, effective 11-8-05. On 7-1-06, the second emergency rule, called "Continuances," was superseded by a permanent rule numbered at a different number, 75:1-5-5.4.