Okla. Stat. tit. 59, § 59-396.12f

Orders - Appeal - Service of instruments.

A. Complaints against any person for alleged violations of the

Funeral Services Licensing Act or of any of the rules issued

pursuant thereto shall be in writing, signed by the complainant and

filed with the executive director of the Oklahoma Funeral Board. In

addition to the general public, any member or employee of the Board,

or the executive director of the Oklahoma Funeral Board, may sign a

complaint for any violation of which the executive director has

knowledge. All complaints shall name the person complained of, and

shall state the time and place of the alleged violations and the

facts of which the complainant has knowledge. Upon receiving a

complaint, the Board shall examine the complaint, and determine

whether there is a reasonable cause to believe the charges to be

true.

Oklahoma Statutes - Title 59. Professions and Occupations Page 386

B. If upon inspection, investigation or complaint, or whenever

the Board determines that there are reasonable grounds to believe

that a violation of the Funeral Services Licensing Act or of any

rule promulgated pursuant thereto has occurred, the Board shall give

written notice to the alleged violator specifying the cause of

complaint. The notice shall require that the matters complained of

be corrected immediately or that the alleged violator appear before

the Board at a time and place specified in the notice and answer the

charges. The notice shall be delivered to the alleged violator in

accordance with the provisions of subsection E of this section.

C. The Board shall afford the alleged violator an opportunity

for a fair hearing in accordance with the provisions of subsection F

of this section not less than fifteen (15) days after receipt of the

notice provided for in subsection B of this section. On the basis

of the evidence produced at the hearing, the Board shall make

findings of fact and conclusions of law and enter an order thereon.

The Board shall give written notice of the order to the alleged

violator and to any other persons who appeared at the hearing and

made written request for notice of the order. If the hearing is

held before a hearing officer as provided for in subsection F of

this section, the hearing officer shall transmit the record of the

hearing together with recommendations for findings of fact and

conclusions of law to the Board which shall thereupon enter its

order. The Board may enter its order on the basis of such record

or, before issuing its order, require additional hearings or further

evidence to be presented. The order of the Board shall become final

and binding on all parties unless appealed to the district court

pursuant to Article II of the Administrative Procedures Act, within

thirty (30) days after notice has been sent to the parties.

D. Whenever the Board finds that as a result of a violation of

the Funeral Services Licensing Act or any rule promulgated thereto

an emergency exists requiring immediate action to protect the public

health or welfare, the Board may without notice or hearing issue an

order stating the existence of an emergency and requiring that

action be taken as it deems necessary to meet the emergency. The

order shall be effective immediately. Any person to whom an order

is directed shall comply with the order immediately but on

application to the Board shall be afforded a hearing within ten (10)

days of receipt of the notice. On the basis of a hearing, the Board

shall continue the order in effect, revoke it or modify it. Any

person aggrieved by an order continued after the hearing provided

for in this subsection may appeal to the district court of the

county in which the person resides, or in which the business of the

person is located, within thirty (30) days of the Board's action.

The appeal when docketed shall have priority over all cases pending

on the docket, except criminal cases.
voke it or modify it. Any

person aggrieved by an order continued after the hearing provided

for in this subsection may appeal to the district court of the

county in which the person resides, or in which the business of the

person is located, within thirty (30) days of the Board's action.

The appeal when docketed shall have priority over all cases pending

on the docket, except criminal cases.

Oklahoma Statutes - Title 59. Professions and Occupations Page 387

E. Except as otherwise expressly provided by law, any notice,

order or other instrument issued by or pursuant to authority of the

Board may be served on any person affected thereby personally, by

publication or by mailing a copy of the notice, order or other

instrument by registered mail directed to the person affected at his

last-known post office address as shown by the files or records of

the Board. Proof of service shall be made as in the case of service

of a summons or by publication in a civil action or may be made by

the affidavit of the person who did the mailing. Proof of service

shall be filed in the office of the Board.

Every certificate or affidavit of service made and filed as

provided for in this subsection shall be prima facie evidence of the

facts therein stated. A certified copy thereof shall have like

force and effect.

F. The hearings authorized by this section may be conducted by

the Board. The Board may designate hearing officers who shall have

the power and authority to conduct hearings in the name of the Board

at any time and place. The hearings shall be conducted in

conformity with and records made thereof pursuant to Article II of

the Administrative Procedures Act.

G. All records on complaints filed against any licensee

pursuant to the Funeral Services Licensing Act shall be exempt from

the Oklahoma Open Records Act unless the Board gave written notice

of the complaint pursuant to subsection B of this section.