A. The Administrator of the Department of Consumer Credit shall appoint an independent hearing examiner to conduct all administrative hearings involving alleged violations of Title 14A of the Oklahoma Statutes. The independent hearing examiner shall have authority to exercise all powers granted by Article II of the Administrative Procedures Act in conducting hearings. The independent hearing examiner shall recommend penalties authorized by Title 14A of the Oklahoma Statutes and issue proposed orders, with proposed findings of fact and proposed conclusions of law, to the Administrator pursuant to Article II of the Administrative Procedures Act. The Administrator shall review the proposed order and issue a final agency order in accordance with Article II of the Administrative Procedures Act. The costs of the hearing examiner may be assessed by the Administrator against the respondent, unless the respondent is the prevailing party. Any person aggrieved by a final agency order of the Administrator may obtain judicial review in accordance with the Administrative Procedures Act. The jurisdiction and venue of any such action shall be in the district court of Oklahoma County or the county of the aggrieved.
B. The Administrator may, after notice and hearing, suspend or revoke any license if the Administrator finds that the licensee has knowingly or through lack of due care:
1. Failed to pay any fees, expenses or costs imposed by the Administrator under the authority of this act;
2. Committed any fraud, engaged in any dishonest activities or made any misrepresentations;
3. Violated any provision of this act, any administrative rule promulgated pursuant to this act or any other law in the course of the licensee's dealings as a licensee;
4. Made a false statement in the application for the license or failed to give a true reply to a question in the application; or
5. Demonstrated incompetency or untrustworthiness to act as a licensee.
C. If the reason for revocation or suspension of a licensee's license at any one location is of general application to all locations operated by a licensee, the Administrator may revoke or suspend all licenses issued to a licensee.
D. A hearing shall be held on written notice given at least twenty (20) days prior to the date of the hearing and shall be conducted in accordance with the Administrative Procedures Act.
Added by Laws 2019, c. 89, § 17, eff. Nov. 1, 2019.