- A. Any person may file a complaint with the Commissioner of Health seeking denial, suspension or revocation of a license issued or to be issued by the Commissioner. Such complaints shall be in a form prescribed by the Department and shall be verified under oath by the complainant or a duly authorized officer of a complainant. The Commissioner shall forward such complaints to the Oklahoma Licensed Marital and Family Therapist Committee. If the Committee, upon investigation, determines that a complaint alleges facts which, if true, would require denial, revocation or suspension of a license, it shall promptly request that an individual proceeding be conducted. Whenever the Committee determines that a complaint does not state facts which warrant a hearing, such complaint may be dismissed. The Committee may request a hearing for denial, suspension or revocation of a license on its own motion.
- B. Whenever the Committee requests that an individual proceeding be conducted, the Commissioner shall give written notice to the alleged violator specifying the cause of complaint. Said notice shall require that the alleged violator appear before an impartial hearing examiner at a time and place specified in the notice and answer the charges specified in said notice. The notice shall be delivered to the alleged violator in accordance with the provisions of subsection D of this section not less than ten (10) days before the time set for the hearing.
- C. On the basis of the evidence produced at the hearing, the hearing examiner shall make findings of fact and conclusions of law and enter a recommendation thereon in writing in the record. The Commissioner may issue an order on the basis of such record or, before issuing an order, require additional hearings or further evidence to be presented. The order of the Commissioner shall become final and binding on all parties unless appealed to the district court as provided for in Sections 309 through 325 of Title 75 of the Oklahoma Statutes.
D. Except as otherwise expressly provided for by law, any notice, order or other instrument issued by or pursuant to the authority of the Commissioner may be served on any person affected, by publication, or by mailing a copy of the notice, order or other instrument by registered mail directed to the person affected at the last-known post office address of such person as shown by the files or records of the Commission. Proof of such service shall be made as in case of service of a summons or by publication in a civil action. Proof of mailing may be made by the affidavit of the person who mailed said notice. Proof of service shall be filed in the office of the Department.
Every certificate or affidavit of service made and filed as provided for in this section shall be prima facie evidence of the facts stated therein, and a certified copy thereof shall have the same force and effect as the original certificate or affidavit of service.
- E. Any person may be permitted to intervene and participate in such hearings on denial, suspension or revocation of licenses upon a showing of an interest in such proceeding.
- F. If the marital and family therapist fails or refuses to appear, the hearing examiner or Commissioner may proceed to hearing and determine the charges in his absence. If the marital and family therapist pleads guilty, or if upon hearing the charges and finding them to be true, the Commissioner may enter an order suspending or revoking the license of the marital and family therapist, reprimanding the marital and family therapist, or placing the marital and family therapist on probation or providing for both the latter actions.
- G. The Commissioner shall preserve a record of all proceedings of such hearings and shall furnish a transcript of such hearings to the defendant upon request.
- H. A record of the hearing shall be taken and preserved. The record shall contain the notice, all papers, documents and data filed in the proceedings and all statements pertinent thereto, the testimony and exhibits and the findings of fact and orders of the Commissioner in writing. The State of Oklahoma shall be a party in the prosecution of all such actions and hearings pertaining to the suspension or revocation of a license, and the Attorney General, or one of his assistants, is authorized and directed to appear in behalf thereof. The hearing may be adjourned from time to time.
- I. Any person aggrieved by the suspension or revocation of his license may file suit within thirty (30) days after receiving the Commissioner's order of revocation or suspension in a court of competent jurisdiction to have his license reinstated pursuant to Sections 318 through 323 of Title 75 of the Oklahoma Statutes. If the court finds that the proceedings were conducted in a manner to protect the rights of the accused, that the proceedings were held in a manner to ensure correct determination of fact, and that the Commissioner's order is consistent with the intent of this law, the court shall affirm the Commissioner's order. If not, the court may order the person's license reinstated or a rehearing before the Commissioner.
- J. Any person whose license has been suspended or revoked may apply to the Board for vacation of the suspension or reinstatement of the license.
Laws 1990, HB 2096, c. 166, § 13, eff. January 1, 1991.