Okla. Stat. tit. 71, § 71-810
This is the official text of Okla. Stat. tit. 71, § 71-810, part of Oklahoma’s Stat. tit. 71, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 71,." Browse the sections below, each linked to its official government source.
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Suspension or revocation of registration - Grounds -
Official statutory text
Procedure.
A. The Administrator may issue a final order denying
effectiveness to, or suspending or revoking effectiveness of, any
Oklahoma Statutes - Title 71. Securities Page 172
registration if the Administrator finds that the order is in the
public interest and that:
1. The registration as of its effective date or as of any
earlier date in the case of any order denying effectiveness, or any
amendment as of its effective date, or any report is incomplete in
any material respect or contains any statement which was, in the
light of the circumstances under which it was made, false or
misleading with respect to any material fact;
2. 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 business
opportunity:
a. by the person filing the registration, or
b. by the seller, any partner, officer or director of the
seller, any person occupying a similar status or
performing similar functions, or any person directly
or indirectly controlling or controlled by the seller,
but only if the person filing the registration is
directly or indirectly controlled by or acting for the
seller;
3. The business opportunity registered or sought to be
registered 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 against an effective
registration 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;
4. The seller's enterprise or method of business, or that of
the business opportunity, includes or would include activities which
are illegal where performed;
5. The business opportunity or the offering of a business
opportunity has worked or tended to work a fraud upon purchasers or
would so operate;
6. There has been a failure to file any documents or
information required by Section 807 of this title;
7. The seller has failed to pay the proper filing fee but the
Administrator may enter only a denial order under this paragraph and
the Administrator shall vacate any such order when the deficiency
has been corrected; or
Oklahoma Statutes - Title 71. Securities Page 173
8. The seller's literature or advertising is misleading,
incorrect, incomplete or deceptive.
Except as provided in subsection C of this section or unless the
right to notice and hearing is waived by the person against whom the
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 the notice is effective, an order as provided in this
subsection shall be issued.
B. The Administrator may not institute a proceeding under this
section against an effective registration on the basis of a fact or
transaction known to the Administrator when the registration became
effective unless the proceeding is instituted within thirty (30)
days from the date the registration became effective.
C. 1. 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 postpone or suspend the
effectiveness of the registration pending final determination of any
proceeding under this section. Upon the entry of the summary order,
. 1. 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 postpone or suspend the
effectiveness of the registration 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:
a. that the summary order has been entered and the
reasons therefor,
b. 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,
c. 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
d. that a hearing shall be commenced within fifteen (15)
days of the matter being set for hearing.
2. The summary order shall remain in effect until the
conclusion of the hearing on the summary order unless the
Administrator or his or her designee extends the summary order
pending 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 his or her designee. If
a request for hearing on the summary order is timely made and if
said hearing is not commenced by the Administrator within the time
limit set forth herein, the summary order shall dissolve and a final
Oklahoma Statutes - Title 71. Securities Page 174
order shall not be issued pursuant to subsection A of this section,
except upon reasonable notice and opportunity for a hearing.
D. The Administrator may vacate or modify an order issued under
this section if the Administrator finds that the conditions which
prompted its entry have changed or that it is otherwise in the
public interest to do so.
A. The Administrator may issue a final order denying
effectiveness to, or suspending or revoking effectiveness of, any
Oklahoma Statutes - Title 71. Securities Page 172
registration if the Administrator finds that the order is in the
public interest and that:
1. The registration as of its effective date or as of any
earlier date in the case of any order denying effectiveness, or any
amendment as of its effective date, or any report is incomplete in
any material respect or contains any statement which was, in the
light of the circumstances under which it was made, false or
misleading with respect to any material fact;
2. 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 business
opportunity:
a. by the person filing the registration, or
b. by the seller, any partner, officer or director of the
seller, any person occupying a similar status or
performing similar functions, or any person directly
or indirectly controlling or controlled by the seller,
but only if the person filing the registration is
directly or indirectly controlled by or acting for the
seller;
3. The business opportunity registered or sought to be
registered 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 against an effective
registration 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;
4. The seller's enterprise or method of business, or that of
the business opportunity, includes or would include activities which
are illegal where performed;
5. The business opportunity or the offering of a business
opportunity has worked or tended to work a fraud upon purchasers or
would so operate;
6. There has been a failure to file any documents or
information required by Section 807 of this title;
7. The seller has failed to pay the proper filing fee but the
Administrator may enter only a denial order under this paragraph and
the Administrator shall vacate any such order when the deficiency
has been corrected; or
Oklahoma Statutes - Title 71. Securities Page 173
8. The seller's literature or advertising is misleading,
incorrect, incomplete or deceptive.
Except as provided in subsection C of this section or unless the
right to notice and hearing is waived by the person against whom the
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 the notice is effective, an order as provided in this
subsection shall be issued.
B. The Administrator may not institute a proceeding under this
section against an effective registration on the basis of a fact or
transaction known to the Administrator when the registration became
effective unless the proceeding is instituted within thirty (30)
days from the date the registration became effective.
C. 1. 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 postpone or suspend the
effectiveness of the registration pending final determination of any
proceeding under this section. Upon the entry of the summary order,
. 1. 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 postpone or suspend the
effectiveness of the registration 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:
a. that the summary order has been entered and the
reasons therefor,
b. 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,
c. 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
d. that a hearing shall be commenced within fifteen (15)
days of the matter being set for hearing.
2. The summary order shall remain in effect until the
conclusion of the hearing on the summary order unless the
Administrator or his or her designee extends the summary order
pending 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 his or her designee. If
a request for hearing on the summary order is timely made and if
said hearing is not commenced by the Administrator within the time
limit set forth herein, the summary order shall dissolve and a final
Oklahoma Statutes - Title 71. Securities Page 174
order shall not be issued pursuant to subsection A of this section,
except upon reasonable notice and opportunity for a hearing.
D. The Administrator may vacate or modify an order issued under
this section if the Administrator finds that the conditions which
prompted its entry have changed or that it is otherwise in the
public interest to do so.
Status: in_force · Read it on the official government site
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