Okla. Stat. tit. 63, § 63-2-305

actions — Emergency actions — Administrative penalty.

A. In addition to any other remedies provided by law, the

Director shall issue a written order to show cause to be served on

the parties before annulling, conditioning, suspending or revoking

any registration that the Director has reason to believe is

operating inconsistent with any provision of Section 2-303 of this

Oklahoma Statutes - Title 63. Public Health and Safety Page 941

title, pursuant to Section 2-304 of this title or otherwise where

there has been a violation of any federal law, any rule or

regulation of the Drug Enforcement Administration, any provision of

the Uniform Controlled Dangerous Substances Act, or any rules or

regulations of the Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control.

B. The written order to show cause shall state with specificity

the nature of the violation or basis for the action. The Director

may impose any disciplinary action authorized by the Uniform

Controlled Dangerous Substances Act or rules of the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control including, but not

limited to, the assessment of monetary penalties.

C. All alleged violations shall be deemed admitted unless the

registrant requests an administrative hearing in accordance with the

rules and regulations promulgated by the Director within thirty (30)

days of issuance of the order to show cause. Upon such request, the

Director shall promptly serve notice of the show cause hearing

pursuant to Section 309 of Title 75 of the Oklahoma Statutes. If a

registrant fails to request a hearing or fails to appear after

requesting a hearing, the Director shall issue a final order of the

matter by default. Nothing in this section shall be construed to

require an individual proceeding for the denial of a new application

for registration.

D. The Director may authorize the Deputy Director or the

General Counsel of the Oklahoma State Bureau of Narcotics and

Dangerous Drugs Control to initiate any individual proceedings under

this title. Nothing in this section shall be construed so as to

delegate the authority of the Director to issue a final agency order

of an individual proceeding adverse to a party.

E. All proceedings shall be conducted in accordance with the

Administrative Procedures Act and the rules and regulations of the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

except where more specific provisions of the Uniform Controlled

Dangerous Substances Act apply, without regard to any criminal

prosecution or other proceeding. Jurisdiction and venue for any

action related to a registration or an individual proceeding,

including any appeal thereof, shall solely exist in the district

court of Oklahoma County.

1. Proceedings to refuse renewal, revoke, or suspend a

registration shall not abate the existing registration which shall

remain in effect pending the outcome of those administrative

proceedings; provided, the registrant submits timely and sufficient

renewal applications annually. This abatement shall not apply when

the Director finds there is an imminent danger to the public health

or safety requiring an immediate suspension.

2. The Director may delegate to an administrative hearing

officer the authority to conduct hearings and recommend action for

Oklahoma Statutes - Title 63. Public Health and Safety Page 942

final agency orders in accordance with the rules and regulations of

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.

3. Any requested subpoena or subpoena duces tecum may be

quashed or modified for grounds listed in Section 2004.1 of Title 12

of the Oklahoma Statutes or upon a finding from the Director or

hearing officer that the information or testimony being sought is

not both necessary and proper to adjudication of the issues

identified in the order to show cause. Any subpoena or subpoena
Drugs Control.

3. Any requested subpoena or subpoena duces tecum may be

quashed or modified for grounds listed in Section 2004.1 of Title 12

of the Oklahoma Statutes or upon a finding from the Director or

hearing officer that the information or testimony being sought is

not both necessary and proper to adjudication of the issues

identified in the order to show cause. Any subpoena or subpoena

duces tecum may be quashed or modified over the objection of any

party pursuant to the requirements of this paragraph.

F. The Director may issue an order immediately suspending a

registration, without notice or a hearing, when he or she finds

there is imminent danger to the public health or safety which

warrants such action. The suspension shall continue in effect until

the conclusion of any administrative proceedings, including judicial

review thereof, unless withdrawn earlier by the Director or

dissolved by a court of competent jurisdiction. The order shall

state the existence of an emergency requiring action be taken that

the Director deems necessary to meet the emergency. Such action may

include, but is not limited to, ordering the registrant to

immediately cease and desist operations. The order shall be

effective immediately upon issuance. Any person to whom the order

is directed shall comply immediately with the provisions of the

order. The Director may assess a penalty not to exceed Ten Thousand

Dollars ($10,000.00) per day of noncompliance with the order. In

assessing such penalty, the Director shall consider the seriousness

of the violation and any efforts to comply with applicable

requirements.

G. In lieu of or in addition to any other remedies available to

the Director, if a finding is made that a registrant has committed

any act in violation of federal law relating to any controlled

substance, any provision of the Uniform Controlled Dangerous

Substances Act, or any rules of the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control, the Director is hereby

authorized to assess an administrative penalty not to exceed Five

Thousand Dollars ($5,000.00) per day for each such act. The

provisions of this subsection shall not apply to violations of

subsection G of Section 2-309D of this title. Nothing in this

section shall be construed to permit the Director of the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control to assess

administrative fines for violations of the provisions of subsection

G of Section 2-309D of this title.

H. If a court of competent jurisdiction finds probable cause

that a registrant has possessed, transferred, sold, or offered for

sale any controlled dangerous substance in violation of the Uniform

Controlled Dangerous Substances Act, all controlled dangerous

substances in Schedule I of Section 2-204 of this title and all

Oklahoma Statutes - Title 63. Public Health and Safety Page 943

controlled dangerous substances in Schedules II, III, IV, and V that

are not in properly labeled containers in accordance with the

Uniform Controlled Dangerous Substances Act in the possession of the

registrant shall be deemed contraband and shall be seized and

summarily forfeited pursuant to Section 2-505 of this title.

Samples shall be retained of all controlled dangerous substances

seized in accordance with Section 2-508 of this title as required.

The Director may assess an eradication or destruction fine not to

exceed Fifty Thousand Dollars ($50,000.00) against the registrant.

I. Upon an annulment, revocation, or denial of a registration,

the Director may prohibit the registrant or applicant from

reapplying for registration for a period up to five (5) years

following the date of the final order. The length of any

prohibition shall not be used as grounds to contest the validity of

the annulment, revocation, or denial of a registration.