Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 17 - Causes for Investigation; Hearing Process; Prohibited Acts; Discipline › Section 605:10-17-3 - Complaint hearings; notice and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Summary suspension.
If the
				Commission finds that public health, safety, or welfare imperatively requires
				emergency action, and incorporates a finding to that effect in its order,
				summary suspension of a license may be ordered pending proceedings for
				revocation or other action within thirty (30) days. The summary suspension
				shall remain in effect until further order by the Commission.
(b)
Formal hearing ordered;
				notification.
Except as provided in (a) of this section, the Commission
				may issue a disciplinary order only afterentering into a consent order with
				respondent(s) or after a hearing of which licensee or unlicensed person
				pursuant to the Code affected shall be given at least fifteen (15) days written
				notice, specifying the offenses of which the licensee or unlicensed person
				pursuant to the Code is charged. Such notice may be served as provided by law
				for service of notices, or by mailing a copy by certified mail to the last
				known address. If the licensee is an associate associated with a broker, the
				Commission in like manner shall notify the broker with whom
				associated.
(c)
Formal
				hearing location.
The hearing on such charges shall be set at such time
				and place as the Commission through its Secretary-Treasurer may prescribe and
				the notice in (b) of this section shall specify this time and place.
(d)
Formal hearing before Commission;
				hearing examiner or selected panel.
The Secretary-Treasurer shall
				schedule each formal disciplinary hearing before a Hearing Examiner, a selected
				panel of the Commission, or the Commission as a whole. In the case of a
				proceeding conducted by the Commission as a whole or a panel of the Commission,
				the Chairman or his/her designee shall preside. Designated counsel shall advise
				the Chair as to rulings upon the questions of admissibility of evidence,
				competence of witnesses and any other question of law where such ruling is
				required or requested.
(e)
Request for postponement.
Once a hearing has been scheduled, the
				Secretary-Treasurer may for sufficient cause postpone or reschedule a hearing
				upon proper motion or request having been filed with the Commission office
				seventy-two (72) hours prior to the hearing.
(1) Each postponement request must be in
				writing and must state the specific reason(s) for the request.
(2) The Commission may require official
				documentation supporting such request.
(3) An emergency postponement request shall
				be considered at the time of the emergency.
(4) The granting of a continuance whether
				general or emergency, shall not be interpreted to deny the Commission the power
				to impose summary suspension if the Commission finds that public health,
				safety, or welfare imperatively requires emergency action, and incorporates a
				finding to that effect in its Order, summary suspension of a license may be
				ordered pending proceedings for revocation or other action within thirty (30)
				days.