Okla. Stat. tit. 59, § 46.14
Suspension or Revocation of License - Hearing
Effective Jul 1, 1986Laws 1947, HB 149, p. 351, § 14, emerg. eff. April 16, 1947; Amended by Laws 1986, HB 1879, c. 287, § 15, emerg. eff. July 1, 1986; Renumbered from 59 O.S. § 45.14 by Laws 1986, HB 1879, c. 287, § 31, emerg. eff. July 1, 1986.
The Board, upon the filing with the secretary-treasurer of a written complaint, verified by the oath of the complainant after a public hearing which shall have been held pursuant to the rules and regulations prescribed by it, shall have power to suspend, to revoke or refuse to renew a license or certificate of authority issued by it, pursuant to the provisions of The State Architectural Act, when the holder thereof:
- 1. Shall have been convicted of a felony;
- 2. Shall have been guilty of fraud or misrepresentation in the person's application, whether for an examination or for a license without examination, or of fraud in the examination;
- 3. Shall have been guilty of gross incompetency or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;
- 4. Shall have been guilty of gross incompetency or recklessness in the practice of landscape architecture, or of dishonest practices;
5. Shall have been found to be guilty of a violation of a provision of The State Architectural Act or the rules and regulations of the Board; provided, that a person or entity complained of:
- a. shall first have been given notice in writing of the charges filed against the person or entity and of the time and place of the meeting of the Board for the hearing and determination thereof, by registered mail addressed to the person's or entity's last-known address as it shall appear on the records of the Board, which shall have been deposited in a post office in this state at least twenty (20) days before the date of the hearing; and
- b. shall have the right to be represented by counsel and an opportunity to defend himself or itself by the introduction of evidence and by the examination and cross-examination of witnesses, and to compel the attendance of witnesses and the production of books and papers. Pursuant to the foregoing the Board shall have the power of a court of record, including the power to issue subpoena and to compel the attendance and testimony of witnesses. Each member of the Board shall have the power to administer oaths and to issue subpoena. Whenever any person who shall have been subpoenaed to appear to give testimony, or to answer any pertinent or proper question, or to produce books, papers or documents which shall have been designated in a subpoena, either on behalf of the prosecution or on behalf of the accused, shall refuse to appear to testify before the Board, or to answer any pertinent or proper questions, or to produce a book, paper or document which shall have been designated in a subpoena, he shall be deemed to be in contempt of the Board, and it shall be the duty of the presiding officer of the Board, to report the fact to the district court of the State of Oklahoma in and for the county in which such person may be or may reside whereupon the court shall issue an attachment in the usual form, directed to the sheriff of the county, which shall command him to attach such person and forthwith bring the person before the court. On the return of the attachment duly served upon the accused, or upon the production of the person attached, the district court shall have jurisdiction of the matter. The person charged may purge himself of the contempt in the same way and the same proceedings shall be had, and the same penalties may be imposed, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Oklahoma. Depositions may be taken and used in the same manner as in civil cases. The Board shall keep a record of the evidence in, and a record of each proceeding for the suspension, revocation of or refusal to renew a license and shall make findings of fact and render a decision therein. If after a hearing, the charges shall have been found to have been sustained by the vote of a majority of the Board it shall forthwith enter its order of suspension, revocation or refusal to renew, as the case may be. If after the expiration of ten (10) days from the date of the rendition thereof, a notice of appeal shall not have been filed with the secretary-treasurer as hereinafter provided, the secretary-treasurer shall endorse upon the record of the certificate in his office the word "suspended", "revoked" or "refused to renew", as the case may be.
Laws 1947, HB 149, p. 351, § 14, emerg. eff. April 16, 1947; Amended by Laws 1986, HB 1879, c. 287, § 15, emerg. eff. July 1, 1986; Renumbered from 59 O.S. § 45.14 by Laws 1986, HB 1879, c. 287, § 31, emerg. eff. July 1, 1986.