{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-328.43a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-328.43a","heading":"Complaints - Review and investigative panels - Panel","body":"authority.\n\nA. 1. Upon the receipt of a complaint to the Board of\n\nDentistry alleging a violation of the State Dental Act or other\n\nstate or federal law by a licensee, permit holder or other\n\nindividual under the authority of the Board, the Board president\n\nshall assign up to three Board members as the review and\n\ninvestigative panel. The remaining Board members shall constitute\n\nthe Board member jury panel. In the event the complaint is\n\nanesthesia-related, the Board president or acting president may, at\n\nhis or her discretion, add one or more members of the anesthesia\n\ncommittee to the review and investigative panel.\n\n2. The review and investigative panel, in its discretion, may\n\nnotify the respondent of the complaint at any time prior to its\n\ndismissal of the complaint or making a recommendation to the Board.\n\nB. The review and investigative panel shall confer and shall\n\nconduct or cause to be conducted any investigation of the\n\nallegations in the complaint as it reasonably determines may be\n\nneeded to establish, based on the evidence available to the panel,\n\nwhether it is more likely than not that:\n\n1. A violation of the provisions of the State Dental Act or the\n\nrules of the Board has occurred; and\n\n2. The person named in the complaint has committed the\n\nviolation.\n\nC. 1. In conducting its investigation, a review and\n\ninvestigative panel may seek evidence, take statements, take and\n\nhear evidence, and administer oaths and affirmations and shall have\n\nany other powers as defined by the Administrative Procedures Act. A\n\nreview and investigative panel may also use Board attorneys and\n\ninvestigators appointed by the Board to seek evidence.\n\n2. The review and investigative panel shall not have contact or\n\ndiscussions regarding the investigation with the other Board members\n\nthat shall be on the jury panel during the investigative phase.\n\n3. No Board member that is a dentist living in the same\n\ndistrict as a dentist that is the subject of a complaint shall serve\n\non a review and investigative panel or on the Board member jury\n\npanel.\n\n4. All records, documents, and other materials during the\n\nreview and investigative panel portion shall be considered\n\ninvestigative files and not be subject to the Oklahoma Open Records\n\nAct.\n\nD. The Board president or other member of the Board shall act\n\nas the presiding administrative judge during any proceeding. The\n\npresiding administrative judge shall be allowed to seek advice from\n\njudicial counsel or other legal counsel appointed by the Board.\n\nE. The review and investigative panel shall have the authority\n\nto:\n\n1. Dismiss the complaint as unfounded;\n\n2. Refer the case to mediation pursuant to the Oklahoma Dental\n\nMediation Act. The mediation panel shall report to the review and\n\ninvestigative panel that a mediation was successful or refer the\n\nmatter back to the review and investigative panel at which time they\n\nwill reassume jurisdiction or dismiss the complaint;\n\n3. Issue a private reprimand, settlement agreement, or\n\nremediation agreement that shall not include any restriction upon\n\nthe licensee’s or permit holder’s license or permit;\n\n4. Assess an administrative fine not to exceed One Thousand\n\nFive Hundred Dollars ($1,500.00) per violation pursuant to a private\n\nsettlement agreement; and\n\n5. Issue a formal complaint for a hearing of the Board member\n\njury panel pursuant to Article II of the Administrative Procedures\n\nAct against the licensee or permit holder.\n\nThe review and investigative panel and the Board president shall\n\nhave the authority to authorize the Executive Director or the\n\nBoard’s attorney to file an injunction in district court for illegal\n\nactivity pursuant to the State Dental Act when needed.\n\nF. In the event of a majority of members of the Board being\n\nrecused from the Board member jury panel, the Board president or\n\npresiding administrative judge shall appoint one or more previous\nd president shall\n\nhave the authority to authorize the Executive Director or the\n\nBoard’s attorney to file an injunction in district court for illegal\n\nactivity pursuant to the State Dental Act when needed.\n\nF. In the event of a majority of members of the Board being\n\nrecused from the Board member jury panel, the Board president or\n\npresiding administrative judge shall appoint one or more previous\n\nBoard members with a current active license in good standing to\n\nserve as a jury panel member.\n\nG. Any action as set forth in paragraphs 1 through 3 of\n\nsubsection E of this section shall remain part of the investigation\n\nfile, and may be disclosed or used against the respondent only if\n\nthe respondent violates the settlement agreement or if ordered by a\n\ncourt of competent jurisdiction.\n\nH. The Board of Dentistry, its employees, independent\n\ncontractors, appointed committee members and other agents shall keep\n\nconfidential all information obtained in the following\n\ncircumstances:\n\n1. During an investigation into allegations of violations of\n\nthe State Dental Act, including but not limited to:\n\na. any review or investigation made to determine whether\n\nto allow an applicant to take an examination, or\n\nb. whether the Board shall grant a license, certificate,\n\nor permit;\n\n2. In the course of conducting an investigation;\n\n3. Reviewing investigative reports provided to the Board by a\n\nregistrant; and\n\n4. Receiving and reviewing examination and test scores.\n\nI. The president of the Board or presiding administrative judge\n\nshall approve any private settlement agreement.\n\nJ. The review and investigative panel may make a recommendation\n\nfor an agreed settlement order to be approved by the Board. The\n\nagreed settlement order may include any recommendation agreed upon\n\nbetween the license holder including, but not limited to, any\n\npenalty available to the Board pursuant to Section 328.44a of this\n\ntitle.\n\nK. A formal complaint issued by the review and investigative\n\npanel shall specify the basic factual allegations and the provisions\n\nof the State Dental Act, state law or rules that the license or\n\npermit holder is alleged to have violated. The formal notice of a\n\ncomplaint shall be served to the license or permit holder either in\n\nperson, to his or her attorney, by agreement of the individual, by\n\nan investigator of the Board or a formal process server pursuant to\n\nSection 2004 of Title 12 of the Oklahoma Statutes.\n\nL. Any information obtained and all contents of any\n\ninvestigation file shall be exempt from the provisions of the\n\nOklahoma Open Records 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":"2cb30a0516bce9b5d26fd32aa7f996ad0679c66a1634c5f8db7d20748c2ce314","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-328.42","next":"us-ok/okla.-stat.-tit.-59-59-328.43b"},"notice":"GroundRules: Original legal text. Not legal advice."}