Okla. Stat. tit. 2, § 2-20-45

A. The State Board of Agriculture shall cause to be prepared

and available, for any person desiring or required to apply for a

license to operate a new or previously unlicensed animal feeding

operation, the necessary forms and applications.

B. The application for a license to operate a new or previously

unlicensed animal feeding operation shall contain, as a minimum, the

following information:

1. Name and address of the owner and operator of the facility;

2. Name and address of the animal feeding operation;

3. Capacity in animal units, and number and type of animals

housed or confined;

4. A diagram or map and legal description showing geographical

location of the facility on which the perimeters of the facility are

designated, location of waters of the state, including, but not

limited to, drainage from the facility, animal waste storage

facilities and land application sites owned or leased by the

applicant;

5. A copy of the Pollution Prevention Plan containing an Animal

Waste Management Plan, Best Management Practices, or such other plan

authorized by the Oklahoma Concentrated Animal Feeding Operations

Act and approved by the Department;

6. A copy of the written waiver by an adjacent property owner

to the facility releasing specified setback requirements as provided

by Section 44 of the Oklahoma Concentrated Animal Feeding Operations

Act; and

7. Any other information deemed necessary by the Oklahoma

Department of Agriculture, Food, and Forestry to administer the

provisions of the Oklahoma Concentrated Animal Feeding Operations

Act and rules promulgated pursuant thereto.

C. 1. An application for renewal of a license to operate an

animal feeding operation shall be considered to be properly filed

when the Department has received a completed renewal application and

payment of fees from the applicant.

Oklahoma Statutes - Title 2. Agriculture Page 720

2. If the application for renewal is denied, written

notification of the denial and an opportunity for an administrative

hearing on the denial shall be given to the applicant by the

Department. The notification shall set forth the reasons for the

denial, steps necessary to meet the requirements for issuance of the

renewal license and the opportunity for the applicant to request an

administrative hearing.

D. For transfer of a license to a new owner or operator, the

following conditions shall be met:

1. The new owner or operator shall submit to the Department a

transfer application, attaching any change of conditions resulting

from the transfer of ownership or operation;

2. After receipt of the information required, the Department

shall review the information, and within sixty (60) days, issue

approval or denial of the transfer. Transfer of a license shall be

denied only if:

a. the new owner or operator cannot comply with the

requirements of transfer,

b. the Department finds a material or substantial change

in conditions since the issuance of the original

license to operate the animal feeding operation,

c. failure of the new owner or operator to meet any other

conditions or requirements for compliance established

by the Department pursuant to the Oklahoma

Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto, or

d. the new owner or operator has failed to meet the

requirements of Section 48 of the Oklahoma

Concentrated Animal Feeding Operations Act; and

3. If a transfer is denied, written notification of the denial

and an opportunity for an administrative hearing on the denial shall

be given to the applicant for a transfer license by the Department.

The notification shall set forth the reasons for the denial, steps

necessary to meet the requirements for a transfer license, and the

opportunity for the applicant to request an administrative hearing.

E. Any suspension or revocation or nonrenewal of a license

issued pursuant to the Oklahoma Concentrated Animal Feeding
shall

be given to the applicant for a transfer license by the Department.

The notification shall set forth the reasons for the denial, steps

necessary to meet the requirements for a transfer license, and the

opportunity for the applicant to request an administrative hearing.

E. Any suspension or revocation or nonrenewal of a license

issued pursuant to the Oklahoma Concentrated Animal Feeding

Operations Act by the Board shall be made in accordance with Section

48 of this act.

F. In addition to other information required for issuance of a

new or transfer license, an application for a new or transfer

license for a concentrated animal feeding operation shall contain

the following information:

1. a. A statement of ownership.

(1) If the applicant is a firm or partnership, the

name and address of each member thereof shall be

included in the application.

Oklahoma Statutes - Title 2. Agriculture Page 721

(2) If the applicant is a corporation, the name and

address of the corporation and the name and

address of each officer and registered agent of

the corporation shall be included in the

application.

(3) If the applicant is a partnership or other legal

entity, the name and address of each partner and

stockholder with an ownership interest of ten

percent (10%) or more shall be included in the

statement.

b. The information contained in the statement of

ownership shall be public information and shall be

available upon request from the Board;

2. The name and address of the management, if the management is

not the applicant and is acting as agent for the applicant;

3. a. An environmental history from the past three (3) years

of any concentrated animal or swine feeding operation

established and operated by the applicant or any other

operation with common ownership in this state or any

other state. The environmental history shall include

but not be limited to all citations, administrative

orders or penalties, civil injunctions or other civil

actions, criminal actions, past, current and ongoing,

taken by any person, agency or court relating to

noncompliance with any environmental law, rule, agency

order, or court action relating to the operation of an

animal or swine feeding operation.

b. A copy of all records relating to the environmental

history required by this paragraph shall accompany the

application.

c. Noncompliance with a final agency order or final order

or judgment of a court of record which has been set

aside by a court on appeal of the final order or

judgment shall not be considered a final order or

judgment for the purposes of this subsection;

4. Environmental awards or citations received or pollution

prevention or voluntary remediation efforts undertaken by the

applicant; and

5. Any other information or records required by the Department

for purposes of implementing the Oklahoma Concentrated Animal

Feeding Operations Act or rules promulgated pursuant thereto.

G. 1. In addition to other penalties as may be imposed by law,

any person who knowingly makes any false statement, representation,

or certification in, omits material data from, or tampers with any

application for a license, or notice relating to the determination

of affected property owners, shall, upon conviction thereof, be

guilty of a misdemeanor and may be subject to a fine of not more

Oklahoma Statutes - Title 2. Agriculture Page 722

than Ten Thousand Dollars ($10,000.00) for each such violation. In

addition, the Department shall deny licensure to the applicant or

may require submission of a new application.

2. The responsibility for ensuring that all affected property

owners are notified pursuant to the provisions of this section shall

be upon the applicant.