{"data":{"id":"us-ok/okla.-stat.-tit.-2-2-20-46","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 2, § 2-20-46","heading":"Notice and hearing requirements","body":"A. 1. Any person applying for a license for a new animal\n\nfeeding operation shall comply with the notice and hearing\n\nrequirements as specified by this section and rules promulgated by\n\nthe State Board of Agriculture.\n\n2. Notice requirements shall include notice to affected\n\nproperty owners by certified mail, return receipt requested pursuant\n\nto subsection C of this section and public notice pursuant to\n\nsubsection D of this section.\n\nB. 1. After submission of a completed application as provided\n\nby the Oklahoma Concentrated Animal Feeding Operations Act and rules\n\npromulgated pursuant thereto, the Oklahoma Department of\n\nAgriculture, Food, and Forestry shall have sixty (60) working days\n\nto review the application for a new operation for physical and\n\ntechnical suitability.\n\n2. a. After review of the application, the Department may\n\nrequest additional information from the applicant.\n\nUpon receipt of the additional information, the\n\nDepartment shall have an additional thirty (30)\n\nworking days to review the additional information.\n\nb. On or before the expiration of the additional thirty\n\n(30) working days, the Department shall make a\n\ndetermination as to whether the application is\n\ncomplete and in compliance with all statutory\n\nrequirements and relevant rules of the Department or\n\nrequest additional information pursuant to\n\nsubparagraph a of this paragraph.\n\nC. 1. After the Department has determined that the application\n\nis complete, the Department shall require the applicant to notify\n\nall affected property owners that a completed application is on file\n\nwith the Department. Notice shall be sent by certified mail, return\n\nreceipt requested. The notice shall state that an application for a\n\nnew animal feeding operation has been submitted to the Department\n\nand has been deemed to be complete, the location of the facility,\n\nthat a hearing may be requested within fifteen (15) working days\n\nfrom the receipt of notice by the affected property owner and that a\n\ncopy of the completed application is available for public review\n\npursuant to paragraph 3 of subsection D of this section.\n\n2. The State Board of Agriculture shall not act on the\n\napplication until the expiration of the time period set forth in\n\nparagraph 1 of subsection G of this section. If a hearing is\n\nrequested pursuant to paragraph 1 of subsection G of this section,\n\nthe Board shall not take action on the application until the hearing\n\nprocess is complete.\n\n3. Establishment of property usage is the date the animal\n\nfeeding operation application was made available for public review\n\nversus date of initial construction or placement of occupied\n\nresidence and shall be given consideration when determining a\n\ncontested matter between an applicant and an affected property owner\n\non issues other than pollution of the waters of the state.\n\nD. 1. In addition to the individual notice, the Department\n\nshall require the applicant to give public notice of the opportunity\n\nto comment on the granting of the license.\n\n2. The public notice for a new operation shall be published as\n\na legal notice prior to the date the application is available for\n\npublic viewing, in at least one newspaper of general circulation in\n\nthe county where the proposed facility is to be located.\n\n3. The notice shall identify locations where the application\n\nshall be available for viewing. The locations shall include the\n\noffice of the Department and a specific public location in the\n\ncounty where the proposed facility is to be located.\n\n4. The application shall be available for public review during\n\nnormal business hours. The copies of the application posted for\n\npublic viewing shall be complete except for proprietary provisions\n\notherwise protected by law and shall remain posted during normal\n\nbusiness hours for at least twenty (20) working days after notice is\n\npublished.\n\n5. The Department, as necessary, may hold public meetings at a\napplication shall be available for public review during\n\nnormal business hours. The copies of the application posted for\n\npublic viewing shall be complete except for proprietary provisions\n\notherwise protected by law and shall remain posted during normal\n\nbusiness hours for at least twenty (20) working days after notice is\n\npublished.\n\n5. The Department, as necessary, may hold public meetings at a\n\nlocation convenient to the population center nearest the proposed\n\nfacility to address public comments on the proposed facility.\n\nE. Prior to the issuance of any license for an animal feeding\n\noperation, the Department shall require the applicant to submit:\n\n1. Documentation certifying notice has been issued to all\n\naffected property owners. A map of all affected property owners and\n\nthe corresponding mailing list shall be submitted with each\n\napplication; and\n\n2. Proof of publication notice of a new application for an\n\nanimal feeding operation license.\n\nF. If no hearing is requested within the time periods set forth\n\nin paragraph 1 of subsection G of this section, the application\n\nshall be submitted to the State Board of Agriculture for\n\nconsideration and action.\n\nG. 1. An affected property owner may request a hearing prior\n\nto final approval of the application. All requests for a hearing\n\nshall be filed with the Department within fifteen (15) working days\n\nafter the receipt of the notice by the affected property owner. In\n\nrequesting a hearing an affected property owner shall state in the\n\nrequest:\n\na. the name and address of the affected property owner\n\nand proof of standing by showing a surface ownership\n\ninterest in the affected property, and\n\nb. specific allegations showing that the proposed\n\nfacility or expanding operation may have a direct,\n\nsubstantial and immediate effect upon a legally\n\nprotected interest of the affected property owner.\n\nThe allegations shall address with specificity the\n\ninformation contained within the application for\n\nlicensure. Furthermore, the allegations shall be\n\nlimited to demonstrating how the application is\n\ndeficient, how the deficiencies have a direct effect\n\non a legal interest of the affected property owner,\n\nand how the application has failed to show that the\n\napplication should be granted. The allegations shall\n\nalso address the physical and technical suitability of\n\nthe proposed facility.\n\n2. If any of the affected property owners request an\n\nadministrative hearing pursuant to paragraph 1 of this subsection\n\nand all information listed in subparagraphs a and b of paragraph 1\n\nof this subsection is found to be complete and adequate in the\n\nrequest for a hearing, the Department shall schedule a preliminary\n\nhearing at a reasonable time within sixty (60) calendar days.\n\nShould the affected property owner fail to provide any of the\n\ninformation required in the request for a hearing, the affected\n\nproperty owner shall have ten (10) working days during which any\n\ndeficiencies may be cured after receipt of notice from the\n\nDepartment of the failure. All affected property owners shall be\n\nconsidered parties to the preliminary hearing scheduled by the\n\nDepartment.\n\nH. 1. The preliminary hearing shall be held at the Oklahoma\n\nDepartment of Agriculture, Food, and Forestry before an\n\nadministrative law judge.\n\n2. There shall be a rebuttable presumption on the part of the\n\napplicant that the application in question is complete and in\n\ncompliance with all applicable statutes and rules.\n\n3. It shall be the burden of the affected property owner(s) to\n\npresent an offer of proof showing by a preponderance of the\n\nevidence:\n\na. that the facility has a direct, substantial and\n\nimmediate effect upon a legally protected interest,\n\nand\n\nb. that the direct, substantial and immediate effect upon\n\na legally protected interest arises directly from a\n\ndeficiency in the application or from the physical and\npresent an offer of proof showing by a preponderance of the\n\nevidence:\n\na. that the facility has a direct, substantial and\n\nimmediate effect upon a legally protected interest,\n\nand\n\nb. that the direct, substantial and immediate effect upon\n\na legally protected interest arises directly from a\n\ndeficiency in the application or from the physical and\n\ntechnical suitability of the proposed facility.\n\n4. The administrative law judge, after all evidence is\n\npresented by any affected property owner that requested a hearing,\n\nshall afford the applicant an opportunity to respond to and rebut\n\nthe allegations presented and to show how the affected property\n\nowner failed to meet the standards set forth in subparagraphs a and\n\nb of paragraph 3 of this subsection.\n\n5. Upon completion of the preliminary hearing, the\n\nadministrative law judge shall have twenty (20) working days in\n\nwhich to issue an order granting or denying any affected property\n\nowner a full administrative hearing. If an affected property owner\n\nis denied a full administrative hearing, the administrative law\n\njudge shall issue a written recommended order containing specific\n\nfindings of fact and conclusions of law on which the decision is\n\nbased.\n\n6. If the administrative law judge finds an affected property\n\nowner that requested a hearing failed to meet the burden of proof\n\nset forth in paragraphs 2, 3, and 4 of this subsection, the\n\napplication shall be sent to the State Board of Agriculture along\n\nwith a copy of the recommended order of the administrative law judge\n\nfor consideration and action.\n\n7. If the administrative law judge finds an affected property\n\nowner met the burden of proof set forth in paragraph 3 of this\n\nsubsection, then a full administrative hearing shall be scheduled in\n\naccordance with the Administrative Procedures Act.\n\n8. The administrative law judge may separately grant or deny a\n\nfull administrative hearing for each affected property owner when\n\nmore than one is party to the preliminary hearing.\n\nI. 1. An affected property owner meeting the burden of proof\n\npursuant to subsection H of this section shall be entitled to a full\n\nadministrative hearing pursuant to the Administrative Procedures\n\nAct. Only those affected property owners found meeting the burden\n\nof proof pursuant to subsection H of this section are entitled to a\n\nfull administrative hearing.\n\n2. The scheduling conference for the hearing shall be held by\n\nthe Department at a reasonable time within thirty (30) working days\n\nafter the administrative law judge has issued a written order. All\n\ninterested parties may be joined as parties to the hearing.\n\n3. An affected property owner may at any time waive his or her\n\nrights to a hearing. If an affected property owner waives his or\n\nher rights to a hearing, a signed and notarized document shall be\n\nfiled with the administrative law judge stating the affected\n\nproperty owner waived his or her rights to a hearing, did so without\n\nforce or coercion, understands he or she is also waiving his or her\n\nrights to any further hearing provided for under this section or the\n\nAdministrative Procedures Act and that the waiver shall be with\n\nprejudice. The waiver of right to a hearing shall be admissible as\n\nevidence in any court of the State of Oklahoma as evidence the\n\naffected property owner waived his or her rights to any additional\n\nhearings to which he or she may otherwise have been entitled.\n\n4. At the administrative hearing, the administrative law judge\n\nshall hear testimony and accept evidence pertaining to the physical\n\nand technical suitability of the proposed facility and deficiencies\n\ncontained in the original application for the license. Based on\n\nthese grounds, it shall be the burden of the interested party to\n\nshow by clear and convincing evidence that the proposed facility\n.\n\n4. At the administrative hearing, the administrative law judge\n\nshall hear testimony and accept evidence pertaining to the physical\n\nand technical suitability of the proposed facility and deficiencies\n\ncontained in the original application for the license. Based on\n\nthese grounds, it shall be the burden of the interested party to\n\nshow by clear and convincing evidence that the proposed facility\n\nwill have a direct, substantial and immediate effect upon a legally\n\nprotected interest of the interested party. Furthermore, there\n\nshall be a rebuttable presumption that the application is complete\n\nand in compliance with the relevant statutes and rules.\n\n5. Any evidence presented at the administrative hearing shall\n\nbe directly related to allegations and evidence previously presented\n\nby any affected property owner during the preliminary hearing.\n\nEvidence not meeting this criteria shall only be admitted by the\n\nadministrative law judge upon a finding that:\n\na. the evidence was unavailable to the interested party\n\nprior to the preliminary hearing,\n\nb. the interested party exercised due diligence to\n\ndiscover and present all relevant evidence at the\n\npreliminary hearing,\n\nc. reasonable efforts to discover the information would\n\nnot have led to its discovery prior to the preliminary\n\nhearing, or\n\nd. the applicant willfully concealed evidence or\n\ninformation that would likely have assisted the\n\ninterested party in presenting its case at the\n\npreliminary hearing.\n\n6. At the administrative hearing, the interested party shall be\n\nafforded a reasonable opportunity to present evidence and argument\n\nin support of the allegations identified in the preliminary hearing,\n\nand the applicant shall be afforded a reasonable opportunity to\n\npresent evidence and arguments to controvert those allegations.\n\n7. The administrative hearing held pursuant to the provisions\n\nof this subsection shall comply with the Administrative Procedures\n\nAct and rules promulgated by the Board.","path":["OK Code","Title 2"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os2.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"af45c9dce7dd826838c82094cf1c7db3ad0857f52fc4c39005b83138b28eba4f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-2-2-20-45","next":"us-ok/okla.-stat.-tit.-2-2-20-47"},"notice":"GroundRules: Original legal text. Not legal advice."}