Okla. Admin. Code § 605:10-17-2

Current through Vol. 42, No. 3, October 15, 2024

Section 605:10-17-2 - [Effective until 11/1/2024] Complaint procedures

(a)Complaint may be filed by public or Commission's own motion. A complaint alleging misconduct on the part of a licensee or any person unlicensed pursuant to the Code who violates provisions of the Code may be filed by any person in writing on a form for such supplied by the Commission, or may be ordered by the Commission on its own motion. The Commission will accept a complaint alleging misconduct on a form not supplied by the Commission if such form is notarized by a notary public.

(b)Complaint notification; licensee response. When a complaint has been filed the licensee or unlicensed person pursuant to the Code shall be immediately notified and shall be required to file an adequate written response within fifteen (15) days of the notice.

(c)Investigation and/or investigative session. Subsequent to the fifteen (15) day answer period, the Commission may continue to investigate the complaint to ascertain whether or not charges should be lodged and a formal hearing ordered. Such investigation shall be under the supervision of the Secretary-Treasurer of the Commission. He or she may designate an attorney who will act as prosecutor for the Commission to examine any results of the investigation. The prosecutor so designated may in the name of the Commission subpoena witnesses, take testimony by deposition and compel the production of records and documents bearing upon the complaint.

(d)Findings reported to Commission. At the completion of the investigation, a written report accompanied by findings, if any, may be submitted to the Commission. Following receipt of the report, the Commission shall determine whether or not the apparent evidence warrants lodging formal charges and ordering a formal hearing, and if a formal hearing is ordered all parties shall then be furnished with copies of a written report accompanied by findings, if any.

Okla. Admin. Code § 605:10-17-2

Amended at 8 Ok Reg 2071, eff 7-1-91; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 19 Ok Reg 2410, eff 7-1-02; Amended at 25 Ok Reg 1989, eff 7-1-08

Amended by Oklahoma Register, Volume 38, Issue 23, August 16, 2021, eff. 11/1/2021