Oklahoma Administrative Code
Title 160 - Department of Consumer Credit
Chapter 55 - Mortgage Brokers and Mortgage Loan Originators
Subchapter 9 - Enforcement
Section 160:55-9-5 - Hearing procedure-emergency actions
Universal Citation: OK Admin Code 160:55-9-5
Current through Vol. 41, No. 13, March 15, 2024
(a) Hearing notice.
(1) If the public health, safety, or welfare imperatively requires emergency action, such action, including the suspension of a license instanter or a cease and desist instanter, may be ordered pending the final outcome of proceedings instituted by the Administrator [75:314(C)(2) and 314.1]. An emergency order shall include an order for a hearing as required by administrative rule 160:3-1-4(j) and shall also be served as provided by administrative rule 160:3-1-4(j).
(2) The notice shall:
(A) state the time, place and nature of the hearing;
(B) state the legal authority and jurisdiction for the hearing;
(C) refer to the statutory sections and rules involved; and
(D) state the matters asserted briefly and plainly [75:309(B)(1) - (4)].
(b) Hearing. All parties shall be afforded the opportunity to respond and present evidence and argument on all points at issue [75:309(C)], and shall have the right to counsel [75:310(5)].
(c) Standard of proof. The standard of proof is clear-and-convincing evidence. Clear and convincing evidence is that measure or degree of proof which will produce in the mind of the trier of fact a firm belief or conviction as to the truth of the allegation sought to be established.
(d) Order.
(1) The Administrator shall issue an order in accordance with administrative rule 160:3-1-4(i).
(2) The order shall:
(A) be in writing;
(B) state findings of fact that shall be limited to the evidence from the hearing unless the parties agree otherwise on the record;
(C) state conclusions of law;
(D) state the effective date; and
(E) be delivered in person or by certified mail with return receipt requested [75:309(H) and 312].
Added at 16 Ok Reg 2170, eff 6-25-99; Amended at 17 Ok Reg 1589, eff 5-25-00; Amended at 18 Ok Reg 2364, eff 6-25-01
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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