Okla. Stat. tit. 59, § 59-3115

Orders compelling compliance - Censure, probation, suspension,

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revocation or refusal to renew license - Injunction - Notice and

hearing - Cease and desist orders - Judicial review.

A. If the Administrator of Consumer Credit has reasonable cause

to believe a lender has violated any provision of the Deferred

Deposit Lending Act, the Administrator may make an investigation to

determine whether the act has been committed, and, to the extent

necessary for this purpose, may administer oaths or affirmations,

and upon the Administrator’s own motion or upon request of any party

may subpoena witnesses, compel their attendance, adduce evidence,

and require the production of any matter which is relevant to the

investigation, including the existence, description, nature,

custody, condition, and location of any books, documents, or other

tangible things and the identity and location of persons having

knowledge of relevant facts, or any other matter reasonably

calculated to lead to the discovery of admissible evidence.

B. If the person's records are located outside this state, the

person shall, at the person’s option, either make them available to

the Administrator at a convenient location within this state, or pay

the reasonable and necessary expenses for the Administrator or a

representative to examine them at the place where they are

maintained. Payments for such necessary expenses shall be made to

the Commission on Consumer Credit. Any such payments so received by

the Department shall be deposited in the Oklahoma Deferred Deposit

Lending Regulatory Revolving Fund. The Administrator may designate

representatives, including comparable officials of the state in

which the records are located, to inspect them on the

Administrator’s behalf.

C. Upon failure without lawful excuse to obey a subpoena or to

give testimony and upon reasonable notice to all persons affected

thereby the Administrator may apply to a court for an order

compelling compliance, as provided by the Administrative Procedures

Act, Sections 250.1 through 323 of Title 75 of the Oklahoma

Statutes.

D. The Administrator shall not make public the name or identity

of a person whose acts or conduct are investigated pursuant to this

section or the facts disclosed in the investigation, but this

subsection does not apply to disclosures in actions or enforcement

proceedings pursuant to the Deferred Deposit Lending Act.

E. The Administrator may, after notice and hearing, censure,

probate, suspend, revoke or refuse to renew any license or enjoin

violations of the Deferred Deposit Lending Act if the Administrator

finds that:

1. The licensee has failed to pay the annual license fee

imposed by the Deferred Deposit Lending Act, or an examination fee,

investigation fee or other fee or charge imposed by the

Administrator under the authority of the Deferred Deposit Lending

Act;

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2. The licensee, either knowingly or without the exercise of

due care to prevent the same, has violated any provision of the

Deferred Deposit Lending Act or any rule or order lawfully made

pursuant to and within the authority of the Deferred Deposit Lending

Act;

3. Any fact or condition exists which, if it had existed or had

been known to exist at the time of the original application for the

license, clearly would have justified the Administrator in refusing

to issue the license;

4. The licensee has refused to permit examination by the

Administrator;

5. The licensee has demonstrated incompetency or

untrustworthiness to engage in the business of making deferred

deposit loans; or

6. The licensee, as an individual, has been convicted of a

felony or misdemeanor involving fraud, misrepresentation or deceit.

F. The hearing shall be held on not less than twenty (20) days’
4. The licensee has refused to permit examination by the

Administrator;

5. The licensee has demonstrated incompetency or

untrustworthiness to engage in the business of making deferred

deposit loans; or

6. The licensee, as an individual, has been convicted of a

felony or misdemeanor involving fraud, misrepresentation or deceit.

F. The hearing shall be held on not less than twenty (20) days’

notice in writing setting forth the time and place of the hearing

and a concise statement of the facts alleged to sustain the

administrative action, and its effective date shall be set forth in

a written order accompanied by finding of fact and a copy of the

findings shall be delivered immediately to the licensee. The order,

findings and evidence considered by the Administrator shall be filed

with the public records of the Administrator.

G. Any licensee may surrender any license by delivering it to

the Administrator with written notice of its surrender, but the

surrender shall not affect the responsibility of the licensee for

acts occurring prior to surrender of a license.

H. No revocation, suspension, or surrender of any license shall

impair or affect the obligation of any preexisting lawful contract

between the licensee and any debtor.

I. The Administrator may reinstate suspended licenses or issue

new licenses to a person whose license or licenses have been revoked

if no fact or condition then exists which clearly would have

justified the Administrator or the independent hearing examiner in

refusing originally to issue such license under these subsections.

J. Every licensee shall notify the Administrator of the

conviction of or plea of guilty or nolo contendere to any felony

within thirty (30) days after the plea is taken and also within

thirty (30) days of the entering of an order of judgment and

sentencing and shall notify the Administrator of any administrative

action resulting in revocation, suspension or amendment of a license

taken against the licensee in another state within thirty (30) days

of the entering of the administrative order in that state.

K. Except as otherwise provided, the Administrative Procedures

Act applies to and governs all administrative action taken by the

Administrator pursuant to the Deferred Deposit Lending Act.

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L. 1. After notice and hearing, the Administrator may order a

lender or a person acting in the lender's behalf to cease and desist

from engaging in violations of the Deferred Deposit Lending Act.

2. A respondent aggrieved by an order of the Administrator may

obtain judicial review of the order as provided by the

Administrative Procedures Act. In such a review proceeding, the

Administrator may apply for a decree enforcing the order. All such

proceedings shall be conducted and the court's authority in review

shall be exercised in accordance with the provisions of the

Administrative Procedures Act, with the following additions:

a. the court may grant any temporary relief or

restraining order it deems just,

b. if the court affirms or modifies the order, it shall

enter a decree enforcing and requiring compliance with

the order as affirmed or as modified,

c. an objection to the order not urged at the hearing

shall not be considered by the court unless the

failure to urge the objection is excused for good

cause shown, and

d. the copy of the testimony from the administrative

hearing shall be available at reasonable times to all

parties for examination without cost.

3. If no proceeding for review has been filed within the time

specified by law, the Administrator or a representative may obtain

from a court having jurisdiction over the respondent a decree for

enforcement of the order upon a showing that the order was issued in

compliance with this section, that no proceeding for review was

initiated within the time specified by law, and that the respondent
3. If no proceeding for review has been filed within the time

specified by law, the Administrator or a representative may obtain

from a court having jurisdiction over the respondent a decree for

enforcement of the order upon a showing that the order was issued in

compliance with this section, that no proceeding for review was

initiated within the time specified by law, and that the respondent

is subject to the jurisdiction of the court.

M. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Deferred Deposit Lending Act. The independent

hearing examiner shall have authority to exercise all powers granted

by Article II of the Administrative Procedures Act in conducting

hearings. The independent hearing examiner shall have authority to

recommend penalties authorized by the Deferred Deposit Lending Act

and issue proposed orders, with proposed findings of fact and

proposed conclusions of law, to the Administrator pursuant to

Article II of the Administrative Procedures Act. The Administrator

shall review the proposed order and issue a final agency order in

accordance with Article II of the Administrative Procedures Act. A

final agency order issued by the Administrator shall be appealable

by all parties to the district court as provided in Article II of

the Administrative Procedures Act. The costs of the hearing

examiner may be assessed by the hearing examiner against the

respondent, unless the respondent is the prevailing party.

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