Okla. Admin. Code § 80:1-2-1

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

Section 80:1-2-1 - Informal Complaints

(a)Who may initiate an informal complaint. Any person having a complaint against an abstractor, which alleges violation or noncompliance with Abstractors law or rules and regulations, may initiate an informal complaint procedure by addressing the complaint to the Registrar at the Auditor's principle office. At any time, the Registrar may also initiate an investigation and/or informal complaint procedure.

(b)Contents of informal complaint. The complaint should contain a clear and concise statement of the facts, to include the names, addresses and telephone numbers of persons involved; dates or approximate dates; and sufficient information to reveal the alleged violations of law and the facts on which they are based.

(c)Informal complaint procedure. The Registrar shall review the complaint to determine if the alleged acts of the respondent constitute a violation of abstractor's law, rules and regulations, or Auditors orders, and if it is reasonable that the claim can be supported with sufficient evidence. If the complaint fails said review, the Registrar shall respond to the complainant in writing, explaining the reason(s) why the complaint will not be acted upon. If the complaint passes said review, the Registrar may:

(1) order the respondent to provide, within 10 working days, a written response to the allegations;

(2) attempt an informal resolution;

(3) initiate an investigation;

(4) conduct an inspection of the abstract company; and/or

(5) terminate the investigation when it appears there is no violation of law or rules and regulations, or when it clearly appears there is not sufficient evidence to support such a claim.

(d)Right to formal complaint. Upon conclusion of an investigation of an informal complaint, if agreement cannot be reached on an informal resolution to the complaint, the complainant may exercise the right to a formal complaint procedure on the allegations against the abstractor.

(e)Settlement. Upon conclusion of an inspection or complaint investigation, if the Registrar finds that the abstractor is in violation or noncompliance with any provision of the Oklahoma Abstractors Law or rule, regulation, or order of the State Auditor and Inspector, the Registrar may choose to offer the respondent a settlement in lieu of a hearing, through issuance of any sanctions and/or fines authorized in 74 O.S. § 227.22 and Section 227.27. If the respondent and the Registrar cannot agree on the findings and/or the settlement, the Registrar shall recommend to the Auditor that a formal complaint proceeding be initiated.

(f)Formal complaints initiated by the Auditor. At any time on his own order, the Auditor may direct the Registrar to initiate a formal complaint proceeding.

Okla. Admin. Code § 80:1-2-1

Added at 18 Ok Reg 3493, eff 1-1-02