{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-3115","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-3115","heading":"Investigations - Powers of Administrator - Subpoenas -","body":"Orders compelling compliance - Censure, probation, suspension,\n\nrevocation or refusal to renew license - Injunction - Notice and\n\nhearing - Cease and desist orders - Judicial review.\n\nA. If the Administrator of Consumer Credit has reasonable cause\n\nto believe a lender has violated any provision of the Deferred\n\nDeposit Lending Act, the Administrator may make an investigation to\n\ndetermine whether the act has been committed, and, to the extent\n\nnecessary for this purpose, may administer oaths or affirmations,\n\nand upon the Administrator’s own motion or upon request of any party\n\nmay subpoena witnesses, compel their attendance, adduce evidence,\n\nand require the production of any matter which is relevant to the\n\ninvestigation, including the existence, description, nature,\n\ncustody, condition, and location of any books, documents, or other\n\ntangible things and the identity and location of persons having\n\nknowledge of relevant facts, or any other matter reasonably\n\ncalculated to lead to the discovery of admissible evidence.\n\nB. If the person's records are located outside this state, the\n\nperson shall, at the person’s option, either make them available to\n\nthe Administrator at a convenient location within this state, or pay\n\nthe reasonable and necessary expenses for the Administrator or a\n\nrepresentative to examine them at the place where they are\n\nmaintained. Payments for such necessary expenses shall be made to\n\nthe Commission on Consumer Credit. Any such payments so received by\n\nthe Department shall be deposited in the Oklahoma Deferred Deposit\n\nLending Regulatory Revolving Fund. The Administrator may designate\n\nrepresentatives, including comparable officials of the state in\n\nwhich the records are located, to inspect them on the\n\nAdministrator’s behalf.\n\nC. Upon failure without lawful excuse to obey a subpoena or to\n\ngive testimony and upon reasonable notice to all persons affected\n\nthereby the Administrator may apply to a court for an order\n\ncompelling compliance, as provided by the Administrative Procedures\n\nAct, Sections 250.1 through 323 of Title 75 of the Oklahoma\n\nStatutes.\n\nD. The Administrator shall not make public the name or identity\n\nof a person whose acts or conduct are investigated pursuant to this\n\nsection or the facts disclosed in the investigation, but this\n\nsubsection does not apply to disclosures in actions or enforcement\n\nproceedings pursuant to the Deferred Deposit Lending Act.\n\nE. The Administrator may, after notice and hearing, censure,\n\nprobate, suspend, revoke or refuse to renew any license or enjoin\n\nviolations of the Deferred Deposit Lending Act if the Administrator\n\nfinds that:\n\n1. The licensee has failed to pay the annual license fee\n\nimposed by the Deferred Deposit Lending Act, or an examination fee,\n\ninvestigation fee or other fee or charge imposed by the\n\nAdministrator under the authority of the Deferred Deposit Lending\n\nAct;\n\n2. The licensee, either knowingly or without the exercise of\n\ndue care to prevent the same, has violated any provision of the\n\nDeferred Deposit Lending Act or any rule or order lawfully made\n\npursuant to and within the authority of the Deferred Deposit Lending\n\nAct;\n\n3. Any fact or condition exists which, if it had existed or had\n\nbeen known to exist at the time of the original application for the\n\nlicense, clearly would have justified the Administrator in refusing\n\nto issue the license;\n\n4. The licensee has refused to permit examination by the\n\nAdministrator;\n\n5. The licensee has demonstrated incompetency or\n\nuntrustworthiness to engage in the business of making deferred\n\ndeposit loans; or\n\n6. The licensee, as an individual, has been convicted of a\n\nfelony or misdemeanor involving fraud, misrepresentation or deceit.\n\nF. The hearing shall be held on not less than twenty (20) days’\n4. The licensee has refused to permit examination by the\n\nAdministrator;\n\n5. The licensee has demonstrated incompetency or\n\nuntrustworthiness to engage in the business of making deferred\n\ndeposit loans; or\n\n6. The licensee, as an individual, has been convicted of a\n\nfelony or misdemeanor involving fraud, misrepresentation or deceit.\n\nF. The hearing shall be held on not less than twenty (20) days’\n\nnotice in writing setting forth the time and place of the hearing\n\nand a concise statement of the facts alleged to sustain the\n\nadministrative action, and its effective date shall be set forth in\n\na written order accompanied by finding of fact and a copy of the\n\nfindings shall be delivered immediately to the licensee. The order,\n\nfindings and evidence considered by the Administrator shall be filed\n\nwith the public records of the Administrator.\n\nG. Any licensee may surrender any license by delivering it to\n\nthe Administrator with written notice of its surrender, but the\n\nsurrender shall not affect the responsibility of the licensee for\n\nacts occurring prior to surrender of a license.\n\nH. No revocation, suspension, or surrender of any license shall\n\nimpair or affect the obligation of any preexisting lawful contract\n\nbetween the licensee and any debtor.\n\nI. The Administrator may reinstate suspended licenses or issue\n\nnew licenses to a person whose license or licenses have been revoked\n\nif no fact or condition then exists which clearly would have\n\njustified the Administrator or the independent hearing examiner in\n\nrefusing originally to issue such license under these subsections.\n\nJ. Every licensee shall notify the Administrator of the\n\nconviction of or plea of guilty or nolo contendere to any felony\n\nwithin thirty (30) days after the plea is taken and also within\n\nthirty (30) days of the entering of an order of judgment and\n\nsentencing and shall notify the Administrator of any administrative\n\naction resulting in revocation, suspension or amendment of a license\n\ntaken against the licensee in another state within thirty (30) days\n\nof the entering of the administrative order in that state.\n\nK. Except as otherwise provided, the Administrative Procedures\n\nAct applies to and governs all administrative action taken by the\n\nAdministrator pursuant to the Deferred Deposit Lending Act.\n\nL. 1. After notice and hearing, the Administrator may order a\n\nlender or a person acting in the lender's behalf to cease and desist\n\nfrom engaging in violations of the Deferred Deposit Lending Act.\n\n2. A respondent aggrieved by an order of the Administrator may\n\nobtain judicial review of the order as provided by the\n\nAdministrative Procedures Act. In such a review proceeding, the\n\nAdministrator may apply for a decree enforcing the order. All such\n\nproceedings shall be conducted and the court's authority in review\n\nshall be exercised in accordance with the provisions of the\n\nAdministrative Procedures Act, with the following additions:\n\na. the court may grant any temporary relief or\n\nrestraining order it deems just,\n\nb. if the court affirms or modifies the order, it shall\n\nenter a decree enforcing and requiring compliance with\n\nthe order as affirmed or as modified,\n\nc. an objection to the order not urged at the hearing\n\nshall not be considered by the court unless the\n\nfailure to urge the objection is excused for good\n\ncause shown, and\n\nd. the copy of the testimony from the administrative\n\nhearing shall be available at reasonable times to all\n\nparties for examination without cost.\n\n3. If no proceeding for review has been filed within the time\n\nspecified by law, the Administrator or a representative may obtain\n\nfrom a court having jurisdiction over the respondent a decree for\n\nenforcement of the order upon a showing that the order was issued in\n\ncompliance with this section, that no proceeding for review was\n\ninitiated within the time specified by law, and that the respondent\n3. If no proceeding for review has been filed within the time\n\nspecified by law, the Administrator or a representative may obtain\n\nfrom a court having jurisdiction over the respondent a decree for\n\nenforcement of the order upon a showing that the order was issued in\n\ncompliance with this section, that no proceeding for review was\n\ninitiated within the time specified by law, and that the respondent\n\nis subject to the jurisdiction of the court.\n\nM. The Administrator shall appoint an independent hearing\n\nexaminer to conduct all administrative hearings involving alleged\n\nviolations of the Deferred Deposit Lending Act. The independent\n\nhearing examiner shall have authority to exercise all powers granted\n\nby Article II of the Administrative Procedures Act in conducting\n\nhearings. The independent hearing examiner shall have authority to\n\nrecommend penalties authorized by the Deferred Deposit Lending Act\n\nand issue proposed orders, with proposed findings of fact and\n\nproposed conclusions of law, to the Administrator pursuant to\n\nArticle II of the Administrative Procedures Act. The Administrator\n\nshall review the proposed order and issue a final agency order in\n\naccordance with Article II of the Administrative Procedures Act. A\n\nfinal agency order issued by the Administrator shall be appealable\n\nby all parties to the district court as provided in Article II of\n\nthe Administrative Procedures Act. The costs of the hearing\n\nexaminer may be assessed by the hearing examiner against the\n\nrespondent, unless the respondent is the prevailing party.","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":"604218a7110038a6ba1c28e9bbd77e2d9d0e5030f0c670541dc540fd49ff1aa6","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-3114","next":"us-ok/okla.-stat.-tit.-59-59-3116"},"notice":"GroundRules: Original legal text. Not legal advice."}