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, it shall give written notice to the alleged violator specifying the cause of complaint.
   2. 2. Such notice shall require that the matters complained of 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 thereon. The Department shall give written notice of such order to the alleged violator and to such other persons as shall have appeared at the hearing and made 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 thereupon enter its order. The Board may, in its discretion, enter its order on the basis of such 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, it may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as it deems necessary to meet the emergency. Such order shall be effective immediately.
   2. 2. Any person to whom such an order is directed shall comply therewith immediately but on application to the Board shall be afforded a hearing within ten (10) days.
   3. 3. On the basis of such hearing, the Board shall continue such order in effect, revoke it or modify it. Any person aggrieved by such order may appeal to the district court of the area affected within thirty (30) days. The appeal when docketed shall have priority over all cases pending on said docket, except criminal.

4. D.

   1. 1. Except as otherwise 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 such service shall be made as in case of service of a summons or by publication in a civil action, such proof to be filed in the office of the Department; or such service may be made by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at such person's last-known post office address as shown by the files or records of the Department, and proof thereof may be made by the affidavit of the person who did the mailing, and filed in the office of 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 therein stated, and a certified copy thereof shall have like force and effect.
6. F. The hearings as provided for in this section may be conducted by the Board itself 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 such hearings in the name of the Board at any time and place. Such hearings shall be conducted in conformity with and records made thereof as provided in the Administrative Procedures Act.

Laws 1996, HB 2988, c. 185, § 10, eff. November 1, 1996.