1. A.

   1. 1. Whenever the State Department of Agriculture determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Livestock Dealers Act or of any rules promulgated thereto or any order of the Department, the Department shall give written notice to the alleged violator specifying the cause of complaint.
   2. 2. The notice shall require that the matters specified be corrected or that the alleged violator appear before the Department at a time and place determined by the Department and answer the charges.
   3. 3. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection D of this section not less than twenty (20) days before the time set for the hearing.

2. B.

   1. 1. The Department shall afford the alleged violator an opportunity for a fair hearing in accordance with the provisions of Article II of the Administrative Procedures Act. On the basis of the evidence produced at the hearing, the Department shall make findings of fact and conclusions of law and enter an order. The Department shall give written notice of the order to the alleged violator and to any other person at the hearing that made a written request for notice of the order.
   2. 2. Recommendations for findings of fact and conclusions of law shall be transmitted by the hearing officer to the State Board of Agriculture which shall enter its order. The Board may enter its order on the basis of the record or, before issuing its order, require additional hearings or further evidence to be presented.
   3. 3. The order of the Board shall become final and binding on all parties unless appealed to the district court as provided in Article II of the Administrative Procedures Act.

3. C.

   1. 1. Whenever the Department finds that an emergency exists requiring immediate action to protect the public health or welfare, the Department may without notice or hearing issue an order reciting the existence of the emergency and requiring that actions be taken as necessary to meet the emergency. The order shall be effective immediately.
   2. 2. Any person to whom an emergency order is directed shall comply immediately but on application to the Board shall be afforded a hearing within ten (10) days.
   3. 3. On the basis of the hearing, the Board shall continue the order in effect, revoke it, or modify it. Any person aggrieved by an order may appeal to the district court located in the affected area within thirty (30) days. The appeal when docketed shall have priority over all pending cases on the docket, except criminal.

4. D.

   1. 1. Except as expressly provided by law, any notice, order, or other instrument issued by or under authority of the Board shall be served on any person pursuant to the provisions of Section 2005 of Title 12 of the Oklahoma Statutes.
   2. 2. Proof of service shall be made in accordance with service of a summons or by publication in a civil action, the proof to be filed by the Department; or the service may be made by mailing a copy of the notice, order, or other instrument by certified mail directed to the person affected at the person's last-known post office address as shown by the files or records of the Department, and proof may be made by the affidavit of the person who did the mailing, and filed by the Department.
5. E. Every certificate or affidavit of service made and filed as provided for in this section shall be prima facie evidence of the facts stated, and a certified copy shall have like force and effect.
6. F. The hearings as provided for in this section may be conducted by the Board at a regular or special meeting of the Board, or the Board may designate hearing officers who shall have the power and authority to conduct hearings in the name of the Board at any time and place. Such hearings shall be conducted in conformity with and records made as provided in the Administrative Procedures Act.

Added by Laws 1996, HB 2988, c. 185, § 10, eff. November 1, 1996; Amended by Laws 2001, HB 1378, c. 146, § 97, emerg. eff. April 30, 2001 (superseded document available); Renumbered from 2 O.S. § 1753.1 by Laws 2001, HB 1378, c. 146, § 256, emerg. eff. April 30, 2001.