Okla. Stat. tit. 2, § 2-20-46

A. 1. Any person applying for a license for a new animal

feeding operation shall comply with the notice and hearing

requirements as specified by this section and rules promulgated by

the State Board of Agriculture.

2. Notice requirements shall include notice to affected

property owners by certified mail, return receipt requested pursuant

to subsection C of this section and public notice pursuant to

subsection D of this section.

B. 1. After submission of a completed application as provided

by the Oklahoma Concentrated Animal Feeding Operations Act and rules

promulgated pursuant thereto, the Oklahoma Department of

Agriculture, Food, and Forestry shall have sixty (60) working days

to review the application for a new operation for physical and

technical suitability.

2. a. After review of the application, the Department may

request additional information from the applicant.

Upon receipt of the additional information, the

Department shall have an additional thirty (30)

working days to review the additional information.

b. On or before the expiration of the additional thirty

(30) working days, the Department shall make a

determination as to whether the application is

complete and in compliance with all statutory

requirements and relevant rules of the Department or

request additional information pursuant to

subparagraph a of this paragraph.

C. 1. After the Department has determined that the application

is complete, the Department shall require the applicant to notify

all affected property owners that a completed application is on file

with the Department. Notice shall be sent by certified mail, return

receipt requested. The notice shall state that an application for a

new animal feeding operation has been submitted to the Department

and has been deemed to be complete, the location of the facility,

that a hearing may be requested within fifteen (15) working days

from the receipt of notice by the affected property owner and that a

copy of the completed application is available for public review

pursuant to paragraph 3 of subsection D of this section.

Oklahoma Statutes - Title 2. Agriculture Page 723

2. The State Board of Agriculture shall not act on the

application until the expiration of the time period set forth in

paragraph 1 of subsection G of this section. If a hearing is

requested pursuant to paragraph 1 of subsection G of this section,

the Board shall not take action on the application until the hearing

process is complete.

3. Establishment of property usage is the date the animal

feeding operation application was made available for public review

versus date of initial construction or placement of occupied

residence and shall be given consideration when determining a

contested matter between an applicant and an affected property owner

on issues other than pollution of the waters of the state.

D. 1. In addition to the individual notice, the Department

shall require the applicant to give public notice of the opportunity

to comment on the granting of the license.

2. The public notice for a new operation shall be published as

a legal notice prior to the date the application is available for

public viewing, in at least one newspaper of general circulation in

the county where the proposed facility is to be located.

3. The notice shall identify locations where the application

shall be available for viewing. The locations shall include the

office of the Department and a specific public location in the

county where the proposed facility is to be located.

4. The application shall be available for public review during

normal business hours. The copies of the application posted for

public viewing shall be complete except for proprietary provisions

otherwise protected by law and shall remain posted during normal

business hours for at least twenty (20) working days after notice is

published.

5. The Department, as necessary, may hold public meetings at a
application shall be available for public review during

normal business hours. The copies of the application posted for

public viewing shall be complete except for proprietary provisions

otherwise protected by law and shall remain posted during normal

business hours for at least twenty (20) working days after notice is

published.

5. The Department, as necessary, may hold public meetings at a

location convenient to the population center nearest the proposed

facility to address public comments on the proposed facility.

E. Prior to the issuance of any license for an animal feeding

operation, the Department shall require the applicant to submit:

1. Documentation certifying notice has been issued to all

affected property owners. A map of all affected property owners and

the corresponding mailing list shall be submitted with each

application; and

2. Proof of publication notice of a new application for an

animal feeding operation license.

F. If no hearing is requested within the time periods set forth

in paragraph 1 of subsection G of this section, the application

shall be submitted to the State Board of Agriculture for

consideration and action.

G. 1. An affected property owner may request a hearing prior

to final approval of the application. All requests for a hearing

shall be filed with the Department within fifteen (15) working days

Oklahoma Statutes - Title 2. Agriculture Page 724

after the receipt of the notice by the affected property owner. In

requesting a hearing an affected property owner shall state in the

request:

a. the name and address of the affected property owner

and proof of standing by showing a surface ownership

interest in the affected property, and

b. specific allegations showing that the proposed

facility or expanding operation may have a direct,

substantial and immediate effect upon a legally

protected interest of the affected property owner.

The allegations shall address with specificity the

information contained within the application for

licensure. Furthermore, the allegations shall be

limited to demonstrating how the application is

deficient, how the deficiencies have a direct effect

on a legal interest of the affected property owner,

and how the application has failed to show that the

application should be granted. The allegations shall

also address the physical and technical suitability of

the proposed facility.

2. If any of the affected property owners request an

administrative hearing pursuant to paragraph 1 of this subsection

and all information listed in subparagraphs a and b of paragraph 1

of this subsection is found to be complete and adequate in the

request for a hearing, the Department shall schedule a preliminary

hearing at a reasonable time within sixty (60) calendar days.

Should the affected property owner fail to provide any of the

information required in the request for a hearing, the affected

property owner shall have ten (10) working days during which any

deficiencies may be cured after receipt of notice from the

Department of the failure. All affected property owners shall be

considered parties to the preliminary hearing scheduled by the

Department.

H. 1. The preliminary hearing shall be held at the Oklahoma

Department of Agriculture, Food, and Forestry before an

administrative law judge.

2. There shall be a rebuttable presumption on the part of the

applicant that the application in question is complete and in

compliance with all applicable statutes and rules.

3. It shall be the burden of the affected property owner(s) to

present an offer of proof showing by a preponderance of the

evidence:

a. that the facility has a direct, substantial and

immediate effect upon a legally protected interest,

and

b. that the direct, substantial and immediate effect upon

a legally protected interest arises directly from a

Oklahoma Statutes - Title 2. Agriculture Page 725

deficiency in the application or from the physical and
present an offer of proof showing by a preponderance of the

evidence:

a. that the facility has a direct, substantial and

immediate effect upon a legally protected interest,

and

b. that the direct, substantial and immediate effect upon

a legally protected interest arises directly from a

Oklahoma Statutes - Title 2. Agriculture Page 725

deficiency in the application or from the physical and

technical suitability of the proposed facility.

4. The administrative law judge, after all evidence is

presented by any affected property owner that requested a hearing,

shall afford the applicant an opportunity to respond to and rebut

the allegations presented and to show how the affected property

owner failed to meet the standards set forth in subparagraphs a and

b of paragraph 3 of this subsection.

5. Upon completion of the preliminary hearing, the

administrative law judge shall have twenty (20) working days in

which to issue an order granting or denying any affected property

owner a full administrative hearing. If an affected property owner

is denied a full administrative hearing, the administrative law

judge shall issue a written recommended order containing specific

findings of fact and conclusions of law on which the decision is

based.

6. If the administrative law judge finds an affected property

owner that requested a hearing failed to meet the burden of proof

set forth in paragraphs 2, 3, and 4 of this subsection, the

application shall be sent to the State Board of Agriculture along

with a copy of the recommended order of the administrative law judge

for consideration and action.

7. If the administrative law judge finds an affected property

owner met the burden of proof set forth in paragraph 3 of this

subsection, then a full administrative hearing shall be scheduled in

accordance with the Administrative Procedures Act.

8. The administrative law judge may separately grant or deny a

full administrative hearing for each affected property owner when

more than one is party to the preliminary hearing.

I. 1. An affected property owner meeting the burden of proof

pursuant to subsection H of this section shall be entitled to a full

administrative hearing pursuant to the Administrative Procedures

Act. Only those affected property owners found meeting the burden

of proof pursuant to subsection H of this section are entitled to a

full administrative hearing.

2. The scheduling conference for the hearing shall be held by

the Department at a reasonable time within thirty (30) working days

after the administrative law judge has issued a written order. All

interested parties may be joined as parties to the hearing.

3. An affected property owner may at any time waive his or her

rights to a hearing. If an affected property owner waives his or

her rights to a hearing, a signed and notarized document shall be

filed with the administrative law judge stating the affected

property owner waived his or her rights to a hearing, did so without

force or coercion, understands he or she is also waiving his or her

rights to any further hearing provided for under this section or the

Administrative Procedures Act and that the waiver shall be with

Oklahoma Statutes - Title 2. Agriculture Page 726

prejudice. The waiver of right to a hearing shall be admissible as

evidence in any court of the State of Oklahoma as evidence the

affected property owner waived his or her rights to any additional

hearings to which he or she may otherwise have been entitled.

4. At the administrative hearing, the administrative law judge

shall hear testimony and accept evidence pertaining to the physical

and technical suitability of the proposed facility and deficiencies

contained in the original application for the license. Based on

these grounds, it shall be the burden of the interested party to

show by clear and convincing evidence that the proposed facility
.

4. At the administrative hearing, the administrative law judge

shall hear testimony and accept evidence pertaining to the physical

and technical suitability of the proposed facility and deficiencies

contained in the original application for the license. Based on

these grounds, it shall be the burden of the interested party to

show by clear and convincing evidence that the proposed facility

will have a direct, substantial and immediate effect upon a legally

protected interest of the interested party. Furthermore, there

shall be a rebuttable presumption that the application is complete

and in compliance with the relevant statutes and rules.

5. Any evidence presented at the administrative hearing shall

be directly related to allegations and evidence previously presented

by any affected property owner during the preliminary hearing.

Evidence not meeting this criteria shall only be admitted by the

administrative law judge upon a finding that:

a. the evidence was unavailable to the interested party

prior to the preliminary hearing,

b. the interested party exercised due diligence to

discover and present all relevant evidence at the

preliminary hearing,

c. reasonable efforts to discover the information would

not have led to its discovery prior to the preliminary

hearing, or

d. the applicant willfully concealed evidence or

information that would likely have assisted the

interested party in presenting its case at the

preliminary hearing.

6. At the administrative hearing, the interested party shall be

afforded a reasonable opportunity to present evidence and argument

in support of the allegations identified in the preliminary hearing,

and the applicant shall be afforded a reasonable opportunity to

present evidence and arguments to controvert those allegations.

7. The administrative hearing held pursuant to the provisions

of this subsection shall comply with the Administrative Procedures

Act and rules promulgated by the Board.