Oklahoma Administrative Code › Title 160 - Department of Consumer Credit › Chapter 3 - Procedure › Section 160:3-1-4 - Requirements for individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of this rule is to prescribe procedures and requirements for references of parties, entries of appearance, continuances, subpoenas and Consent Orders for individual proceedings at the Department of Consumer Credit (Department). This rule supplements rules in subsequent chapters of this title concerning individual proceedings and hearing procedures. Any conflicts between this rule and rules in subsequent chapters of this title concerning individual proceedings and hearing procedures shall be resolved in favor of the requirements of this rule.
(b)
Definition of individual proceeding.
For purposes of this rule, individual proceeding has the same meaning as defined in 75 O.S. §
								250.3.
(c)
Computation of time.
For purposes of this rule and any subsequent rules in this title concerning individual proceedings and hearing requirements, computation of time shall be as provided in 75 O.S. §
								250.8.
(d)
Names of parties.
The Department shall be referred to as the Petitioner in an individual proceeding. A licensee or any entity or individual that is the subject of an individual proceeding initiated by the Department shall be referred to as the Respondent.
(e)
Entry of Appearance.
Attorneys representing the Department and attorneys representing Respondents in an individual proceeding shall file an entry of appearance. The entry of appearance shall include the case caption of the individual proceeding, the name, address, telephone number, electronic mail address and Oklahoma Bar Association number of the attorney filing an entry of appearance. An attorney filing an entry of appearance shall also indicate the party being represented by the attorney.
(f)
Continuances.
(1)
Continuance motion by the Respondent.
A Respondent that wishes to continue a scheduled hearing pursuant to an individual proceeding shall file a motion for continuance with the Department. The motion for continuance shall be in writing, shall indicate the reason(s) for the requested continuance, shall include the signature of the Respondent or attorney representing the Respondent and shall be filed at least seven (7) calendar days prior to the scheduled hearing date. The calendar day filing requirement may be waived by the hearing examiner for good cause shown, upon motion of the Respondent.
(2)
Continuance by the Department.
The Department may continue a scheduled hearing pursuant to an individual proceeding by submitting written notification to the Respondent via certified mail, return receipt requested, or electronic mail at least seven (7) calendar days prior to the scheduled hearing date. The attorney for the Department shall prepare and sign the continuance order. The continuance order shall be filed at the Department. The submission date shall be the date a continuance is mailed to the Respondent. The calendar day notification requirement may be waived by the hearing examiner for good cause shown, upon motion of the Department.
(3)
Contested continuance motions.
If the Department opposes a motion for continuance filed by the Respondent, the attorney for the Department shall file a motion opposing the motion for continuance and include the reasons why the Department opposes the motion for continuance. The motion for continuance and the motion opposing the continuance shall be submitted to the hearing examiner by the attorney for the Department. The motion for continuance and the motion opposing the continuance shall be submitted via electronic mail at least five (5) calendar days prior to the scheduled hearing. The hearing examiner shall issue an order concerning the contested motion for continuance at least three (3) calendar days prior to the scheduled hearing. The hearing examiner shall submit the order to the Department and the Respondent via electronic mail. The continuance order shall be filed at the Department.
(4)
Unopposed continuance motions.
If the Department does not object to a motion for continuance filed by the Respondent, the attorney for the Department shall issue and sign a continuance order and shall submit the continuance order to the Respondent via certified mail, return receipt requested or via electronic mail. The continuance order shall be filed at the Department.