Oklahoma Administrative Code
Title 420 - Oklahoma Liquefied Petroleum Gas Board
Chapter 10 - Liquefied Petroleum Gas Administration
Section 420:10-1-20 - Suspension or revocation of registration permits and fines; appeals

(a) Authority. The Administrator is authorized to suspend or revoke any registration permit issued by the Board, if it is found at a hearing on the matter, that the registrant has violated or is violating or has failed or is failing to comply with any provisions of Title 52, O.S., Section 420.1 and following, or these rules or specifications, or has delivered a lesser quantity of gas than the registrant bills the customer for with intent to defraud.

(b) Individual Proceeding. Administrative actions presented to the Administrator shall be an individual proceeding governed by the provisions of Article II of the Oklahoma Administrative Procedures Act.

(c) Notice of Hearing on Citation. The administrative process shall be initiated upon the filing of a Notice of Hearing on Citation which will provide notice of the proposed administrative action, including a statement of the time, place and nature of the hearing, the legal authority and jurisdiction under which the hearing is to be held, a reference to the sections of statutes and rules involved and a statement of the matters asserted. The Notice of Hearing on Citation shall be given by registered mail not less than ten (10) days, exclusive of the date of mailing, before the date thereof, addressed to the registrant complained against and to any other parties involved, each of whom shall have the right to file answer, to appear and be heard in person and by counsel, and to present evidence at such hearing.

(d) Burden of proof. At any hearing conducted pursuant to this section, the LP Gas Administration shall have the burden of proving by clear and convincing evidence that the registrant has violated the statutes or rules stated in the Notice.

(e) Hearing officer. The Administrator shall act as hearing officer and shall preside over the hearings. The Administrator shall have the duty to conduct a fair hearing, to take all necessary action to avoid delay, and to maintain order. The Administrator shall have all powers necessary, including, but not limited to:

(f) Recording. Testimony given at a hearing shall be audio recorded. All parties to the hearing may receive a copy of the audio upon request of the LP Gas Administration and payment of the costs thereof. Any party desiring a stenographic record of the testimony, at their own expense, may provide the services of a licensed or certified shorthand reported to obtain an official record of the hearing.

(g) Proposed Findings of Fact and Conclusions of Law. Any party to the hearing may file proposed findings of fact and conclusions of law within the time fixed by the hearing officer. Any party so filing shall also serve one copy of their proposed findings and conclusions upon each other party to the hearing.

(h) Order. If the Administrator finds at a hearing that the registrant has violated or is violating or has failed or is failing to comply with any provision of Section 420.1 and following, or these rules or specifications, the Administrator, if the findings justify such action, shall issue an order suspending the registrant's registration permit for a period not to exceed ninety (90) days, revoking the registration permit, or imposing a fine of not more than One Thousand Dollars ($1,000.00) for each separate offense. Any fine imposed pursuant to this section shall be deposited into the Liquefied Petroleum Gas Fund. The Administrator may impose additional fines for repeated or aggravated offenses or violations.

The Administrator's Order shall be in writing and include findings of fact and conclusions of law. Copies shall be furnished to the registrant complained against and to the board.

(i) Reconsideration. Within ten (10) days after a final order is issued by the Administrator, the aggrieved party may ask the Board for reconsideration of the Order if there are adequate grounds set forth in section 317 of Article II of the Oklahoma Administrative Procedures Act. The Board shall affirm the Administrator's order if supported by substantial evidence.

(j) Appeal to District Court. In the event the Board affirms in whole or in part the action of the Administrator, the registrant may, within thirty (30) days after the Board's action, file an appeal with the district court of Oklahoma County or in the county wherein the registrant resides or has its principal place of business in this state, pursuant to Article II of the Administrative Procedures Act. Upon filing of an appeal, enforcement of the Administrator's order shall be stayed pending final disposition of such appeal. Upon affirmance, the order shall become final and conclusive and the stay of enforcement shall be vacated.