Okla. Admin. Code § 165:5-19-1

Current through Vol. 42, No. 4, November 1, 2024

Section 165:5-19-1 - Contempt procedure

(a)Commencement. A contempt proceeding is commenced with the filing of a verified Complaint. Prior to the filing of a contempt proceeding by the Commission, or a division thereof, the self-reporting of an apparent violation and corrective actions taken by the Respondent, along with plans to prevent future violations, and/or other mitigating factors should be considered.

(b)Complaint. The complaint shall state:

(1) The name of the person, firm, trust, corporation, or association against whom the complaint is made.

(2) Each law, order, rule, regulation of which violation is charged.

(3) In general terms, the acts or omissions constituting the violation of which complaint is made. If complaint is made of more than one violation, each violation shall be separately stated.

(c)Citation. When a complaint is filed, the Secretary shall issue in the name of the state a citation directed to the person against whom complaint is made, which citation shall be accompanied by a copy of the complaint. The citation shall state:

(1) The name of the complainant and the date the complaint was filed.

(2) A brief description of the nature of the complaint.

(3) Reference to the accompanying copy of the complaint.

(4) The date upon which the complaint is set for hearing, which shall not be earlier than ten (10) days from the date the citation is served.

(5) A statement that, unless the person complained against shall on or before the date for hearing file a response to the complaint, the allegations and charges therein will be taken as confessed.

(d)Service of citation. Service of the citation for contempt may be made by a person directed to do so by order of the Commission. Such service shall be made in accordance with the rules of the Commission. Service shall be made by mailing the citation for contempt by certified mail to the respondent's last known address as listed in Commission records, and, if applicable, to the respondent's registered agent as listed with the Oklahoma Secretary of State. The respondent is responsible for notifying the Commission of any change of address.

(e)Return of service. The person making the service shall make his return thereof, and file the same with the Court Clerk. The return shall show the time when the citation was received by him, and the time and manner the same was served by him, and such return shall be verified by the person making the service. Service of the citation for contempt on the respondent by certified mail shall be considered effective on the date of receipt, or if refused, on the date of refusal of the complaint by the respondent. If the certified mailing is returned as undeliverable, the Commission or Administrative Law Judge shall determine sufficiency of service and may recommend additional service requirements. The Commission or Administrative Law Judge may use the service of process requirements in 12 O.S. § 2004 as guidance to ensure effective service.

(f)Default. If no response to the complaint is filed on or before the date set for hearing, or if a respondent fails to appear at the time set for hearing, as specified in the citation, the Commission may immediately proceed to hear the complaint. After hearing the evidence, the Commission shall impose such fine, cancellation, suspension, or other order or punishment as the facts and circumstances warrant, or dismiss the complaint.

(g)Response. A respondent who desires a hearing shall, on or before the time specified in the citation for hearing, file a response to the merits of the case and shall appear at the time set for hearing. The response shall include all objections and defenses of any nature to the complaint and may include a motion to dismiss the complaint for reason of insufficiency thereof or lack of jurisdiction.

(h)Hearing procedures. At the hearing, the Commission shall first determine whether jurisdiction and service are proper, then hear all objections and defenses other than to the merits of the complaint and shall enter appropriate order thereon. Amendments may be permitted upon terms that are just, with or without grant of a continuance. After all preliminary questions are heard, the Commission shall hear the merits of the complaint, and at the conclusion thereof, shall impose such fine, suspension, cancellation, or other order or punishment as the facts and circumstances warrant, or dismiss the complaint.

(i)Hearing date. Every case instituted hereunder shall be tried on its merits on the date specified in the citation, or at such other time to which such case shall be continued for hearing by the Commission.

Okla. Admin. Code § 165:5-19-1

Amended at 11 Ok Reg 3675, eff 7-11-94

Amended by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 10/1/2018

Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 10/1/2020

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 10/1/2022