Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 3 - Disciplinary Procedures › Subchapter 3 - Filing and Disposition of Complaints › Section 140:3-3-9 - Field Citations

Current through Vol. 41, No. 20, July 1, 2024
(a) At
				the conclusion of an investigation of a complaint filed with the Board, the
				Advisory Committee, in consultation with the Board's prosecuting attorney, may
				recommend that the Executive Director issue a field citation to the
				chiropractic physician named in the complaint if or the Advisory Committee
				reasonable cause to believe that the chiropractic physician violated the
				provisions of the Chiropractic Practice Act (the "Act") or Title 140 of the
				Oklahoma Administrative Code (the "OAC"). The Advisory Committee will
				thereafter submit a written report to the Board detailing the facts concerning
				the citation. Prior to making there commendation to the Executive Director, the
				Advisory Committee may contact the chiropractic physician to discuss and
				resolve the alleged violation.
(b)
				Field citations shall be in writing and shall describe the nature of the
				violation including, but not limited to, a reference to the provision of the
				Act and/or the OAC alleged to have been violated.
(c) Field citations may contain an order of
				abatement fixing a reasonable time for abatement of the violation and may
				contain an assessment of an administrative penalty not to exceed Two Hundred
				Fifty Dollars ($250.00) for a first offense and One Thousand Dollars
				($1,000.00) for a second or subsequent offense. Each day such violation
				continues shall constitute a separate offense. Payment of an administrative
				penalty shall be represented as satisfactory resolution of the matter for the
				purpose of public disclosure.
(d)
				Field citations shall be served upon the chiropractic physician personally or
				by certified mail, return receipt requested.
(e) Any chiropractic physician who has
				received a field citation and desires to contest that field citation and/or the
				proposed assessment of an administrative penalty shall, within thirty (30)
				calendar days after service of the field citation, notify the Executive
				Director in writing, requesting an informal conference with the Advisory
				Committee. If the chiropractic physician fails to request an informal
				conference within thirty (30) calendar days after service of the field
				citation, the field citation and/or the proposed assessment of the
				administrative penalty shall be deemed to be final and not subject to further
				review.
(f) If an informal
				conference is requested, the Advisory Committee shall hold the informal
				conference within sixty (60) calendar days from the receipt of the written
				request. At the conclusion of the informal conference, the Executive Director,
				upon recommendation form the Advisory Committee, may affirm, modify or dismiss
				the field citation and/or proposed assessment of an administrative penalty. The
				Executive Director shall state in writing the reasons for the action, and
				shall, within thirty (30) calendar days of the informal conference, transmit a
				copy of the decision to the chiropractic physician and the person who submitted
				the complaint.
(g) Any
				chiropractic physician who desires to contest a decision made after the
				informal conference shall inform the Executive Director in writing within
				thirty (30) calendar days after such chiropractic physician receives the
				decision resulting from the informal conference. The Board shall thereafter
				hold a hearing in accordance with the APA, the Act and the OAC. After the
				hearing, the Board shall issue an Order affirming, modifying or vacating the
				citation, or directing other appropriate relief as the Board deems necessary.
(h) Any chiropractic physician who
				has received a field citation and desires not to contest that field citation or
				the proposed assessment of an administrative penalty may transmit to the Board
				the amount assessed in the citation as an administrative penalty, within thirty
				(30) calendar days after service of the field citation. Payment of any penalty
				shall not constitute an admission of the violation charged.
(i) Failure of a chiropractic physician to
				pay a penalty within thirty (30) calendar days of the date of assessment,
				unless the field citation is being appealed, may result in action being taken
				by the Board. When a citation is not contested and a fine is not paid, the full
				amount of the assessed penalty shall be added to the fee for the renewal of the
				license. A license shall not be renewed without payment of the renewal fee and
				penalty.
Added at 30 Ok Reg 2126, eff
					 8-25-13