Oklahoma Administrative Code
Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
Chapter 1 - Administrative Operations
Subchapter 5 - Administrative Actions
Section 475:1-5-2 - Purpose of hearing and burden of proof

(a) If requested by a person entitled to a hearing, the Bureau shall hold a hearing for the purpose of receiving factual evidence regarding the contested factual issues involved in the limitation, condition, annulment, fine, denial of renewal, revocation, or suspension of any registration. Extensive argument should not be offered into evidence but rather presented in opening or closing statements of counsel or in memoranda or proposed findings of fact and conclusions of law.

(b) At any hearing for the limitation, conditioning, denial of renewal application, suspension, annulment, or revocation of a registration, or the assessing of a fine the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have the burden of proving by clear and convincing evidence, except where statute has expressly provided for a different burden of proof, that the requirements for such registration are not satisfied pursuant to Title 63 O.S. §§ 2-302 through 2-304.

(c) At any hearing for the immediate suspension of a registration, the Director retains exclusive authority to issue an Order of Immediate Suspension pending further administrative proceedings pursuant to the Uniform Controlled Dangerous Substances Act. Rules of evidence shall not apply at such hearing. The Bureau shall bear the burden to show that substantial evidence exists to support the Director's finding of an emergency necessitating an immediate suspension of the registration.

(d) If there is no genuine dispute as to any material fact requiring a hearing and the movant is entitled to judgment as a matter of law, the hearing officer shall grant a preliminary recommendation of summary judgment. The recommendation of summary judgment shall contain the findings of fact and proposed conclusions of law along with reasons for granting or denying the motion. The Director may accept, amend, or reject the findings of fact and proposed conclusions of law or remand for further proceedings as necessary.