Okla. Stat. tit. 71, § 71-804

thereof.

A. The Administrator may issue a final order denying or

revoking any exemption specified in Section 803 of this title, not

including the exemption provided for in paragraphs 2 and 7 of

Section 803 of the Oklahoma Business Opportunity Sales Act, with

respect to a particular offering of one or more business

opportunities if the Administrator finds that the order is in the

public interest and that:

1. Any provision of the Oklahoma Business Opportunity Sales Act

or any rule, order or condition lawfully imposed pursuant to the act

has been willfully violated, in connection with the offer or sale of

the business opportunity by the seller, any partner, officer or

director of the seller, any persons occupying a similar status or

Oklahoma Statutes - Title 71. Securities Page 165

performing similar functions, or any person directly or indirectly

controlling or controlled by the seller;

2. The business opportunity is the subject of an administrative

order denying, suspending, or revoking a registration or a permanent

or temporary injunction of any court of competent jurisdiction; but

the Administrator:

a. may not institute a proceeding pursuant to this

paragraph more than one (1) year from the date of the

order or injunction relied on, and

b. may not enter an order pursuant to this paragraph on

the basis of an order or injunction entered under any

other state act unless that order or injunction was

based on facts, other than facts which establish

jurisdiction, which would currently constitute a

ground for an order under this section;

3. The seller's enterprise or method of business, or that of

the business opportunity, includes or would include activities which

are illegal where performed;

4. The business opportunity or the offering of a business

opportunity has worked or tended to work a fraud upon purchasers or

would so operate; or

5. The seller's literature or advertising is misleading,

incorrect, incomplete or deceptive.

Except as provided in subsection B of this section or unless the

right to notice and hearing is waived by the person against whom the

final order is to be issued, no order may be issued under this

section without notice and opportunity for hearing as required by

the Administrative Procedures Act. If the person to whom such

notice is addressed does not request a hearing within fifteen (15)

days after the service of such notice is effective, a final order

shall be issued.

B. If the Administrator makes written findings of fact to

support the conclusion that the public interest will be harmed by

delay in issuing an order pursuant to subsection A of this section,

the Administrator may by order summarily deny or revoke any of the

specified exemptions, not including the exemption provided for in

paragraphs 2 and 7 of Section 803 of this title, pending final

determination of any proceeding under this section. Upon the entry

of the summary order, the Administrator shall promptly notify the

respondent or respondents:

1. That the summary order has been entered and the reasons

therefor;

2. That the person subject to the summary order, if desiring a

hearing, must make written request for a hearing to the

Administrator within fifteen (15) days after service of the notice

is effective;

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3. That within fifteen (15) days after receipt by the

Administrator of a written request the matter will be set for

hearing to determine whether the summary order should be modified,

vacated, or extended pending final determination of any proceeding

under subsection A of this section; and

4. That a hearing shall be commenced within fifteen (15) days

of the matter being set for hearing. The summary order shall remain

in effect until the conclusion of the hearing on the summary order

unless the Administrator or the Administrator’s designee extends the

summary order pending a final determination of any proceeding under
on of any proceeding

under subsection A of this section; and

4. That a hearing shall be commenced within fifteen (15) days

of the matter being set for hearing. The summary order shall remain

in effect until the conclusion of the hearing on the summary order

unless the Administrator or the Administrator’s designee extends the

summary order pending a final determination of any proceeding under

subsection A of this section. If no hearing is requested and none

is ordered by the Administrator, the summary order will remain in

effect until it is modified or vacated by the Administrator or the

Administrator’s designee. If a request for hearing on the summary

order is timely made and if the hearing is not commenced by the

Administrator within the time limit set forth herein, the summary

order shall dissolve and an order shall not be issued pursuant to

subsection A of this section except upon reasonable notice and

opportunity for a hearing.

C. No order under this section may operate retroactively.

D. No person may be considered to have violated Section 806 of

this title by reason of any offer or sale effected after the entry

of an order under Section 804 of this title if he or she sustains

the burden of proof that he or she did not know, and in the exercise

of reasonable care could not have known, of the order.