Okla. Stat. tit. 2, § 2-20-63
This is the official text of Okla. Stat. tit. 2, § 2-20-63, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Poultry-laying operations
Official statutory text
A. Due to the inherently unique nature of poultry-laying
operations, and the increased propensity for vector propagation at
such facilities, poultry-laying operations licensed pursuant to the
Oklahoma Concentrated Animal Feeding Operations Act, shall be
conducted only in a manner as prescribed by the State Department of
Agriculture by rule promulgated pursuant to this section and the
Oklahoma Concentrated Animal Feeding Operations Act.
B. If three valid complaints are received by the Department
against a poultry-laying operation, licensed pursuant to the
Oklahoma Concentrated Animal Feeding Operations Act, within a period
of sixty (60) days, the Oklahoma Department of Agriculture, Food,
and Forestry, upon inspection and verification of the complaint,
shall declare that an emergency exists.
C. Whenever the Department finds that an emergency exists
requiring immediate action to protect the public health or welfare
or the environment pursuant to this subsection, the Department may
without notice or hearing issue an order, effective upon issuance,
reciting the existence of such an emergency and requiring that such
action be taken as deemed necessary to meet the emergency. Any
person to whom such an order is directed shall comply therewith
immediately but may request an administrative enforcement hearing
thereon within fifteen (15) days after the order is served. The
hearing shall be held by the Department within ten (10) days after
receipt of the request. On the basis of the hearing record, the
Department shall sustain or modify such order.
D. If, at the hearing, it is determined that the operator is in
violation of the provisions of this section and rules promulgated
pursuant thereto, in addition to other administrative penalties
authorized by law, the Department may order that the operator be
prohibited from land applying waste for one hundred sixty (160) days
after determination that the facility is in violation.
E. Any party aggrieved by a final order may petition the
Department for rehearing, reopening or reconsideration within ten
(10) days from the date of the entry of the final order. Any party
aggrieved by a final order, including the Attorney General on behalf
Oklahoma Statutes - Title 2. Agriculture Page 744
of the state, may, pursuant to the Administrative Procedures Act,
petition for a judicial review thereof.
F. The provisions of this section may be enforced pursuant to
the provisions of Section 49 of this act.
operations, and the increased propensity for vector propagation at
such facilities, poultry-laying operations licensed pursuant to the
Oklahoma Concentrated Animal Feeding Operations Act, shall be
conducted only in a manner as prescribed by the State Department of
Agriculture by rule promulgated pursuant to this section and the
Oklahoma Concentrated Animal Feeding Operations Act.
B. If three valid complaints are received by the Department
against a poultry-laying operation, licensed pursuant to the
Oklahoma Concentrated Animal Feeding Operations Act, within a period
of sixty (60) days, the Oklahoma Department of Agriculture, Food,
and Forestry, upon inspection and verification of the complaint,
shall declare that an emergency exists.
C. Whenever the Department finds that an emergency exists
requiring immediate action to protect the public health or welfare
or the environment pursuant to this subsection, the Department may
without notice or hearing issue an order, effective upon issuance,
reciting the existence of such an emergency and requiring that such
action be taken as deemed necessary to meet the emergency. Any
person to whom such an order is directed shall comply therewith
immediately but may request an administrative enforcement hearing
thereon within fifteen (15) days after the order is served. The
hearing shall be held by the Department within ten (10) days after
receipt of the request. On the basis of the hearing record, the
Department shall sustain or modify such order.
D. If, at the hearing, it is determined that the operator is in
violation of the provisions of this section and rules promulgated
pursuant thereto, in addition to other administrative penalties
authorized by law, the Department may order that the operator be
prohibited from land applying waste for one hundred sixty (160) days
after determination that the facility is in violation.
E. Any party aggrieved by a final order may petition the
Department for rehearing, reopening or reconsideration within ten
(10) days from the date of the entry of the final order. Any party
aggrieved by a final order, including the Attorney General on behalf
Oklahoma Statutes - Title 2. Agriculture Page 744
of the state, may, pursuant to the Administrative Procedures Act,
petition for a judicial review thereof.
F. The provisions of this section may be enforced pursuant to
the provisions of Section 49 of this act.
Status: in_force · Read it on the official government site
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