Okla. Stat. tit. 59, § 59-698.19A

hearing – Fine.

A. 1. If, upon completion of an investigation, the Executive

Director of the State Board of Veterinary Medical Examiners has

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probable cause to believe that a licensed veterinarian or any other

person has violated provisions of the Oklahoma Veterinary Practice

Act or rules promulgated thereto, the Executive Director may issue a

field citation to the licensed veterinarian or other person, as

provided in this section. Each field citation shall be in writing

and shall describe with particularity the nature of the violation,

including but not limited to a reference to the provision of the

Oklahoma Veterinary Practice Act alleged to have been violated.

2. In addition, each field citation may contain an order of

abatement fixing a reasonable time for abatement of the violation,

and may contain an assessment of an administrative penalty not to

exceed Five Hundred Dollars ($500.00) for a first offense and not to

exceed Five Thousand Dollars ($5,000.00) for a second or each

subsequent offense. Each day such violation continues shall

constitute a separate offense.

3. The field citation shall be served upon the licensed

veterinarian or other person personally or by any certified mail,

return receipt requested.

B. Before any field citation shall be issued to any licensed

veterinarian, the Executive Director shall have submitted the

alleged violation for the review and examination to a probable cause

committee, comprised of the Board’s attorney, an investigator, and a

veterinarian licensed in the state of Oklahoma. The probable cause

committee, during its review, may contact the licensed veterinarian

to discuss and resolve the alleged violation. Upon conclusion of

the probable cause committee’s review, the committee shall prepare

findings of fact and a recommendation. If the committee concludes

that probable cause exists that the veterinarian has violated any

provisions of the Oklahoma Veterinary Practice Act or rules

promulgated thereto, an administrative penalty shall be assessed

upon the licensed veterinarian.

C. 1. If a licensed veterinarian or other person who has been

determined by the Board or agent thereof to have violated any

provision of the Oklahoma Veterinary Practice Act or rules

promulgated or issued pursuant thereto desires to contest a field

citation or the proposed assessment of an administrative penalty

therefore, the licensed veterinarian or other person shall, within

ten (10) business days after service of the field citation, notify

the Executive Director in writing, requesting an informal conference

with the probable cause committee.

2. The probable cause committee shall hold, within sixty (60)

days from the receipt of the written request, an informal

conference. After the conclusion of the informal conference, and

based on recommendations thereof, the Executive Director may affirm,

modify or dismiss the field citation or proposed assessment of an

administrative penalty and the Executive Director shall state with

particularity in writing the reasons for the action, and shall

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immediately transmit a copy thereof to the licensed veterinarian or

other person and the person who submitted the complaint.

D. 1. If the veterinarian or person desires to contest

administratively, a decision made after the informal conference, the

licensed veterinarian or other person shall inform the Executive

Director in writing within thirty (30) calendar days after such

person receives the decision resulting from the informal conference.

2. If the licensed veterinarian or other person fails to

request an informal conference within the time specified in this

section, the field citation, the proposed assessment of the

administrative penalty or the decision made after an informal
orm the Executive

Director in writing within thirty (30) calendar days after such

person receives the decision resulting from the informal conference.

2. If the licensed veterinarian or other person fails to

request an informal conference within the time specified in this

section, the field citation, the proposed assessment of the

administrative penalty or the decision made after an informal

conference shall be deemed a final order of the Board and shall not

be subject to further administrative reviews.

E. If a fine is paid to satisfy an assessment based on the

findings of a violation, payment of the fine shall be represented as

satisfactory resolution of the matter for the purposes of public

disclosure.

F. A veterinarian or other person, in lieu of contesting a

field citation pursuant to this section, may transmit to the Board

the amount assessed in the citation as an administrative penalty,

within thirty (30) days after service of the field citation. If a

hearing is not requested pursuant to this section, payment of any

fine shall not constitute an admission of the violation charged.

G. 1. If a veterinarian or other person has notified the

Executive Director within ten (10) working days of the issuance of

the assessment or field citation that such veterinarian or other

person intends to contest the decision made after the informal

conference, the Board shall hold a hearing to be held in accordance

with the Administrative Procedures Act and adjudicating such matters

for judgment only upon clear and convincing evidence as required by

the Oklahoma Veterinary Practice Act with the Board having all of

the powers granted therein.

2. After the hearing, the Board shall issue a decision based on

findings of the fact, affirming, modifying or vacating the citation,

or directing other appropriate relief which shall include, but need

not be limited to, a notice that the failure of the veterinarian or

other person to comply with any provision of the Board’s decision

may subject such veterinarian or person to the imposition of the

sanctions authorized by the Oklahoma Veterinary Practice Act.

H. After the exhaustion of the review procedures provided for

in this section, the Board may bring an action for judicial review

and administrative penalty and obtain an order compelling the cited

person to comply with any order issued pursuant to this section.

I. Failure of a licensee to pay a fine within thirty (30) days

of the date of assessment, unless the field citation is being

appealed may result in action being taken by the Board. When a

citation is not contested and a fine is not paid, the full amount of

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the assessed fine shall be added to the fee for the renewal of the

license. A license shall not be renewed without payment of the

renewal fee and fine.

J. The Board shall promulgate rules covering the issuance of

field citations, the assessment of administrative penalties and

other duties specified by this section pursuant to this section

which give due consideration to the appropriateness of the penalty

with respect to the following factors:

a. the gravity of the violation,

b. the good faith of the person being charged, and

c. the history of previous violations.