{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-1508","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-1508","heading":"Examination, investigations and access to records","body":"A. At such times as the Administrator of Consumer Credit may\n\ndeem necessary, the Administrator or a duly authorized\n\nrepresentative of the Administrator may make an examination of the\n\nplace of business of each licensee and may inquire into and examine\n\nthe transactions, books, accounts, papers, correspondence and\n\nrecords of such licensee insofar as they pertain to the business\n\nregulated by the Oklahoma Pawnshop Act. Such books, accounts,\n\npapers, correspondence, records and property taken, purchased or\n\nreceived shall also be open for inspection at any reasonable time to\n\nfederal law enforcement officials and the chief of police, district\n\nattorney, sheriff or written designee of the law enforcement body in\n\nwhose jurisdiction the pawnshop is located, without any need of\n\njudicial writ or other process. In the course of an examination,\n\nthe Administrator or duly authorized representative or any\n\nauthorized peace officer shall have free access to the office, place\n\nof business, files, safes and vaults of such licensee, and shall\n\nhave the right to make copies of any books, accounts, papers,\n\ncorrespondence and records insofar as they pertain to the business\n\nregulated by the Oklahoma Pawnshop Act. The Administrator or duly\n\nauthorized representative may, during the course of such\n\nexamination, administer oaths and examine any person under oath upon\n\nany subject pertinent to any matter about which the Administrator is\n\nauthorized or required by the Oklahoma Pawnshop Act to consider,\n\ninvestigate or secure information. Any licensee who fails or\n\nrefuses to permit the Administrator or duly authorized\n\nrepresentative or any authorized peace officer to examine or make\n\ncopies of such books or other relevant documents shall thereby be\n\ndeemed in violation of the Oklahoma Pawnshop Act and such failure or\n\nrefusal shall constitute grounds for the suspension or revocation of\n\nsuch license. The information obtained in the course of any\n\nexamination or inspection shall be confidential, except in civil or\n\nadministrative proceedings conducted by the Administrator, or\n\ncriminal proceedings instituted by the state. Each licensee shall\n\npay to the Administrator an examination fee. The Administrator may\n\nrequire payment of an examination fee either at the time of initial\n\napplication, renewal of the license, or after an examination has\n\nbeen conducted.\n\nB. Whenever a peace officer has probable cause to believe that\n\nproperty in possession of a licensed pawnbroker is stolen or\n\nembezzled, the peace officer of the local law enforcement agency of\n\nthe municipality or other political subdivision in which the\n\npawnshop resides may place a written hold order on the property.\n\nThe initial term of the written hold order shall not exceed thirty\nonducted.\n\nB. Whenever a peace officer has probable cause to believe that\n\nproperty in possession of a licensed pawnbroker is stolen or\n\nembezzled, the peace officer of the local law enforcement agency of\n\nthe municipality or other political subdivision in which the\n\npawnshop resides may place a written hold order on the property.\n\nThe initial term of the written hold order shall not exceed thirty\n\n(30) days. However, the holding period may be extended in\n\nsuccessive thirty (30) day increments upon written notification\n\nprior to the expiration of the initial holding period. If the\n\nholding period has expired and has not been extended, the hold order\n\nshall be considered expired and no longer in effect, and title shall\n\nvest in the pawnbroker subject to any restrictions contained in the\n\npawn contract. The initial written hold order shall contain the\n\nfollowing information:\n\n1. Signature of the pawnbroker or designee;\n\n2. Name, title and identification number of the peace officer\n\nplacing the hold order;\n\n3. Name and address of the agency to which the peace officer is\n\nattached and the offense number;\n\n4. Complete description of the property to be held, including\n\nmodel number, serial number and transaction number;\n\n5. Name of agency reporting the property to be stolen or\n\nembezzled;\n\n6. Mailing address of the pawnshop where the property is held;\n\nand\n\n7. Expiration date of the holding period.\n\nC. While a hold order is in effect, the pawnbroker may consent\n\nto release, upon written receipt, the stolen or embezzled property\n\nto the custody of the local law enforcement agency to which the\n\npeace officer placing the hold order is attached. The consent to\n\nrelease the stolen or embezzled property to the custody of law\n\nenforcement is not a waiver or release of the pawnbroker's property\n\nrights or interest in the property. Otherwise, the pawnbroker shall\n\nnot release or dispose of the property except pursuant to a court\n\norder or the expiration of the holding period including all\n\nextensions. The district attorney's office shall notify the\n\npawnbroker in writing in cases where criminal charges have been\n\nfiled that the property may be needed as evidence. The notice shall\n\ncontain the case number, the style of the case, and a description of\n\nthe property. The pawnbroker shall hold such property until\n\nreceiving notice of the disposition of the case from the district\n\nattorney's office. The district attorney's office shall notify the\n\npawnbroker in writing within fifteen (15) days of the disposition of\n\nthe case. Willful noncompliance of a pawnbroker to a written hold\n\norder shall be cause for the pawnbroker's license to either be\n\nsuspended or revoked pursuant to paragraph 2 of subsection B of\n\nSection 1507 of this title. A hold order may be released prior to\n\nthe expiration of any thirty-day holding period by written release\n\nfrom the agency placing the initial hold order.\n\nD. For the purpose of discovering violations of the Oklahoma\n\nPawnshop Act or of securing information required hereunder, the\n\nAdministrator or duly authorized representative may investigate the\n\nbooks, accounts, papers, correspondence and records of any licensee\n\nor other person who the Administrator has reasonable cause to\n\nbelieve is violating any provision of the Oklahoma Pawnshop Act\n\nwhether or not such person shall claim to be within the authority or\n\nscope of the Oklahoma Pawnshop Act. For the purpose of this\n\nsection, any person who advertises for, solicits or holds himself\n\nout as willing to make pawn transactions shall be presumed to be a\n\npawnbroker.\n\nE. Each licensee shall keep or make available in this state\n\nsuch books and records relating to pawn transactions made under the\n\nOklahoma Pawnshop Act as are necessary to enable the Administrator\n\nto determine whether the licensee is complying with the Oklahoma\n\nPawnshop Act. Such books and records shall be consistent with\nwilling to make pawn transactions shall be presumed to be a\n\npawnbroker.\n\nE. Each licensee shall keep or make available in this state\n\nsuch books and records relating to pawn transactions made under the\n\nOklahoma Pawnshop Act as are necessary to enable the Administrator\n\nto determine whether the licensee is complying with the Oklahoma\n\nPawnshop Act. Such books and records shall be consistent with\n\naccepted accounting practices.\n\nF. Each licensee shall preserve or make available such books\n\nand records in this state relating to each of its pawn transactions\n\nfor four (4) years from the date of the transaction, or two (2)\n\nyears from the date of the final entry made thereon, whichever is\n\nlater. Each licensee's system of records shall be accepted if it\n\ndiscloses such information as may be reasonably required under the\n\nOklahoma Pawnshop Act. All agreements signed by customers shall be\n\nkept at an office in this state designated by the licensee, except\n\nwhen transferred under an agreement which gives the Administrator\n\naccess thereto. All credit sales made by a pawnbroker, other than\n\nthose sales defined in paragraph 6 of Section 1502 of this title as\n\na pawn transaction, shall be made in accordance with and subject to\n\nthe provisions of Title 14A of the Oklahoma Statutes.\n\nG. Each licensee shall, annually on or before the first day of\n\nMay or other date thereafter fixed by the Administrator, file a\n\nreport with the Administrator setting forth such relevant\n\ninformation as the Administrator may reasonably require concerning\n\nthe business and operations during the preceding calendar year for\n\neach licensed place of business conducted by such licensee within\n\nthe state. Such report shall be made under oath and shall be in the\n\nform prescribed by the Administrator, who may make and publish\n\nannually a consolidated analysis and recapitulation of such reports,\n\nbut the individual reports shall be held confidential. There shall\n\nbe a late fee of Fifty Dollars ($50.00) if such report is not filed\n\non or before the date fixed by the Administrator.\n\nH. The Administrator may promulgate rules necessary for the\n\nenforcement of the Oklahoma Pawnshop Act consistent with all its\n\nprovisions. Before making such a rule relating to the licensees\n\nsubject to the Oklahoma Pawnshop Act, the Administrator shall give\n\neach licensee at least thirty (30) days' written notice of a public\n\nhearing, stating the time and place thereof and the terms or\n\nsubstance of the proposed regulation. At the hearing, any licensee\n\nor other person may be heard and may introduce evidence, data or\n\narguments or place the same on file. The Administrator, after\n\nconsideration of all relevant matters presented, shall adopt and\n\npromulgate every rule in written form, stating the date of adoption\n\nand date of promulgation. Each such rule shall be entered in a\n\npermanent record book which shall be public record and be kept in\n\nthe Administrator's office. A copy of every rule shall be mailed to\n\neach licensee, and no such rule shall become effective until the\n\nexpiration of at least twenty (20) days after such mailing. On the\n\napplication of any person and payment of the cost thereof, the\n\nAdministrator shall furnish such person a certified copy of such\n\nrule.\n\nI. Except as otherwise expressly provided in the Oklahoma\n\nPawnshop Act, the Administrative Procedures Act, Sections 250 et\n\nseq. and 250.3 et seq. of Title 75 of the Oklahoma Statutes, applies\n\nto and governs all administrative actions and civil proceedings\n\ntaken by the Administrator pursuant to the Oklahoma Pawnshop Act.","path":["OK Code","Title 59"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os59.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fcb88e32393463eca39baa20ef6a5ffefb5374759d5f9afb812fd5f0d46283cc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-1507","next":"us-ok/okla.-stat.-tit.-59-59-1509"},"notice":"GroundRules: Original legal text. Not legal advice."}
