Okla. Admin. Code § 325:70-1-20 - Summary suspension of occupation licensee

(a) If the Stewards or the Commission find that the public health, safety, or welfare requires emergency action and incorporates such finding to that effect in any Order, summary suspension of any licensee may be ordered pending proceedings for revocation or other action, which proceedings shall be promptly initiated and held as provided in the Administrative Procedures Act, 75 O.S., §§ 301 through 326. [3A:204 and 3A:204.3]

(b) The Stewards may enter an Order of Summary Suspension of any licensee in any matter concerning any of the following classes of violations which are an imminent peril to the public health, safety and welfare:

(1) any rule regarding the running of a race;

(2) any violation of medication laws and rules;

(3) any suspension or revocation of an occupation license by any racing jurisdiction recognized by the Commission;

(4) any assault or other destructive acts within Commission-licensed premises;

(5) any violation of prohibited devices, laws and rules; or

(6) any filing of false information. [75:205.4(B)(13)]

(c) A licensee whose license has been summarily suspended is entitled to a hearing on the summary suspension not later than the Seventh (7 th) business day after the license was summarily suspended. The licensee may waive his/her right to a hearing on the summary suspension within the 7-day limit.

(d) The Stewards shall conduct a hearing on the summary suspension in the same manner as other disciplinary hearings. At a hearing on a summary suspension, the sole issue is whether the licensee's license should remain suspended pending a final disciplinary hearing and ruling with the burden on the licensee to show good cause why the suspension should be set aside.

Notes

Okla. Admin. Code § 325:70-1-20

Amended by Oklahoma Register, Volume 36, Issue 23, August 15, 2019, eff. 9/14/2019