Okla. Admin. Code § 475:1-5-2
Purpose of hearing and burden of proof
Effective Jul 25, 202542 Ok Reg, Number 21Amended at 12 Ok Reg 2833, eff 7-15-95; Amended at 18 Ok Reg 2217, eff 6-11-01; Amended at 41 Ok Reg, Number 21, effective 8-4-24; <div>Amended at 42 Ok Reg, Number 1, effective 8-16-24 (emergency)</div>; Amended at 42 Ok Reg, Number 21, effective 7-25-25Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
- (a) If requested by a person entitled to a hearing, the Bureau shall hold a hearing for the purpose of receiving factual evidence regarding the contested factual issues involved in the limitation, condition, annulment, fine, denial of renewal, revocation, or suspension of any registration. Extensive argument should not be offered into evidence but rather presented in opening or closing statements of counsel or in memoranda or proposed findings of fact and conclusions of law.
- (b) At any hearing for the limitation, conditioning, denial of renewal application, suspension, annulment, or revocation of a registration, or the assessing of a fine the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have the burden of proving by clear and convincing evidence, except where statute has expressly provided for a different burden of proof, that the requirements for such registration are not satisfied pursuant to Title 63 O.S. §§ 2-302 through 2-304.
- (c) At any hearing for the immediate suspension of a registration, the Director retains exclusive authority to issue an Order of Immediate Suspension pending further administrative proceedings pursuant to the Uniform Controlled Dangerous Substances Act. Rules of evidence shall not apply at such hearing. The Bureau shall bear the burden to show that substantial evidence exists to support the Director’s finding of an emergency necessitating an immediate suspension of the registration.
Amended at 12 Ok Reg 2833, eff 7-15-95
Amended at 18 Ok Reg 2217, eff 6-11-01
Amended at 41 Ok Reg, Number 21, effective 8-4-24
<div>Amended at 42 Ok Reg, Number 1, effective 8-16-24 (emergency)</div>
Amended at 42 Ok Reg, Number 21, effective 7-25-25