1. A. The Commission may deny any application for license, or suspend or revoke a license issued, or impose a fine, only after a hearing of which the applicant, or licensee affected, shall be given at least ten (10) days' written notice specifying the reason for denying the applicant a license, or, in the case of a fine, revocation or suspension, the offenses of which the licensee is charged. Notices may be served as provided by law for the service of notices, or mailing a copy by mail with return receipt requested to the last-known residence or business address of such applicant or licensee. A copy of notice shall be mailed by mail with return receipt requested to the surety on the licensee's or applicant's bond at the address of the surety given in the bond. The hearing on charges shall be at such time and place as the Commission may prescribe and the notice shall further specify the time and place. If the applicant or licensee is a used motor vehicle salesman, the Commission shall in like manner also notify the person, firm, association, corporation or trust with whom associated, or in whose association the applicant or licensee is about to enter. The Commission shall have the power to compel the production of records and papers bearing upon the complaints. The Commission shall have the power to subpoena and bring before it any person in this state, or take testimony of any such person by deposition, with the same fees and mileage and in the same manner as prescribed by law in judicial procedure before courts of the state in civil cases. Any party to the hearing shall have the right to the attendance of witnesses in his behalf upon designating to the Commission the person or persons sought to be subpoenaed. If the Commission shall determine that any applicant is not qualified to receive a license, a license shall not be granted to the applicant, and if the Commission shall determine that any licensee is guilty of violation of any of the provisions of this act, the license of the licensee shall be suspended or revoked.

2. B. The Commission may assess a fine not to exceed One Hundred Dollars ($100.00) against a used motor vehicle dealer who:

   1. 1. Willfully fails to deliver certificates of title to purchasers of used motor vehicles within thirty (30) days of the sale of the vehicles;
   2. 2. Fails to properly reassign the certificate of title to a used motor vehicle as required by law upon the sale or transfer of ownership of the used motor vehicle;
   3. 3. Willfully sells a used motor vehicle for immediate use on the public streets, roads and highways which will not pass safety inspection standards or which does not have a valid safety inspection sticker at the time of sale, except for sales from dealer to dealer; or
   4. 4. Delivers a used motor vehicle to a potential purchaser with the intent to sell the vehicle, but does not complete the transaction within fifteen (15) calendar days of the delivery of the used motor vehicle.
3. C. The decision of the Commission granting or refusing to grant an application for a license or to suspend or revoke a license or to impose a fine shall not become final for a period of thirty (30) days from the date thereof, during which time said applicant or licensee may appeal from the decision of the Commission to the district court of Oklahoma County by filing a petition in the court, setting forth the facts relied upon and praying for a review of the decision, and mailing with return receipt requested, a copy of the petition to the Executive Director of the Commission, or causing service of summons directed to the Executive Director of the Commission to be issued, the petition to be mailed or the summons to be issued within thirty (30) days from the date of the decision of the Commission from which appeal is taken. On appeal, the issues shall be tried de novo, and the court shall enter an order with respect thereto as it shall deem just and equitable. Nothing herein shall be construed to limit the authority of the court to grant relief as the circumstances may require. If the issues involved were first presented to the Commission by a complaint filed with the Commission, the complainant may appeal from the decision of the Commission in the same manner as hereinabove prescribed.
4. D. Any applicant or licensee who knowingly or willfully makes or causes to be made any false statement of a fact required under the provisions of Section 581 et seq. of this title shall be subject to an administrative fine not to exceed One Thousand Dollars ($1,000.00).

Added by Laws 1980, SB 293, c. 85, § 20, eff. January 1, 1981; Amended by Laws 1994, HB 2436, c. 121, § 1, eff. September 1, 1994; Amended by Laws 1996, SB 1031, c. 332, § 3, eff. November 1, 1996.