Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 25 - Wreckers and Towing Services › Subchapter 11 - Denial, Suspension, Revocation or Cancellation of License; Denial or Removal of Class Aa Operators From Rotation Log of the Oklahoma Highway Patrol › Section 595:25-11-3 - Procedure

Current through Vol. 41, No. 20, July 1, 2024
In the event the Department has determined that a license
				  should be denied, suspended, revoked, or canceled, or that an operator should
				  be denied or removed from the Rotation Log for any reason, or both, the
				  following procedures shall apply in accordance with the Administrative
				  Procedures Act, 75 O.S. § 309, et seq. This section does not apply to
				  summary suspensions.
(1) The
				Department shall send by first-class mail Notice of Department Action
				containing all information required by 75 O.S. § 309, et seq., to the
				concerned applicant or operator at the last known address as reflected by the
				records of the Department.
(2) The
				notice shall provide the effective date of the Department action as determined
				by the Commissioner or Commissioner's Designee, based upon the seriousness of
				the infraction. When an applicant or operator requests a hearing in writing
				with the Wrecker Services Division, the Department action may be suspended
				until a hearing is held. Such request for hearing shall be timely when filed
				prior to the effective date of the Department Action.
(3) If a timely hearing is requested, the
				hearing shall be scheduled within forty-five (45) days from the date the
				Department receives the request.
(4) The Department hearing officer shall be
				designated by the Commissioner, and each party shall be afforded an opportunity
				to be heard and to present evidence.
(5) The hearing officer shall render a
				decision based upon the law and the evidence presented and shall enter an
				appropriate final order regarding the matter. Each party shall be promptly
				notified either personally or by mail.
(6) Unless the hearing officer timely
				receives a written request for a rehearing, reopening or reconsideration of the
				decision as provided by the Administrative Procedures Act, the final order will
				become effective ten (10) days after the entry of the decision.
(7) If an applicant operator fails to appear
				at the scheduled hearing without good cause, the hearing officer shall record
				the nonappearance and enter a final order reflecting the effective date
				prescribed in (2) of this Subsection, in lieu of the decision and final order
				as prescribed in (5) and (6) of this Subsection. Each party shall be promptly
				notified thereof either personally or by mail.
(8) If the Department representative fails to
				appear without good cause, the hearing officer shall record the nonappearance
				and enter a final order of dismissal of the Department Actions. The order of
				dismissal shall be without prejudice if the basis for the action constitutes
				noncompliance or a continuing violation of these rules. Each party shall be
				promptly notified thereof either personally or by mail.
(9) Where a timely written request for a
				rehearing, reopening or reconsideration of the case is received, the Department
				Action shall be stayed until ten (10) days after an order is issued concerning
				the request for rehearing, reopening or reconsideration of the case.
(10) Notwithstanding (2) through (9) of this
				Subsection, Department Action shall become effective immediately where:
(A) An original application for a license or
				placement on the Rotation Log is denied for failure to qualify under this
				Chapter.
(B) The Department finds
				that the health, safety, or welfare of the public imperatively requires such
				action and finding to that effect is incorporated in its order, pursuant to the
				Administrative Procedures Act, 75 O.S. § 314(c).