{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-396.12f","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-396.12f","heading":"Complaints - Investigation - Hearing - Emergencies -","body":"Orders - Appeal - Service of instruments.\n\nA. Complaints against any person for alleged violations of the\n\nFuneral Services Licensing Act or of any of the rules issued\n\npursuant thereto shall be in writing, signed by the complainant and\n\nfiled with the executive director of the Oklahoma Funeral Board. In\n\naddition to the general public, any member or employee of the Board,\n\nor the executive director of the Oklahoma Funeral Board, may sign a\n\ncomplaint for any violation of which the executive director has\n\nknowledge. All complaints shall name the person complained of, and\n\nshall state the time and place of the alleged violations and the\n\nfacts of which the complainant has knowledge. Upon receiving a\n\ncomplaint, the Board shall examine the complaint, and determine\n\nwhether there is a reasonable cause to believe the charges to be\n\ntrue.\n\nB. If upon inspection, investigation or complaint, or whenever\n\nthe Board determines that there are reasonable grounds to believe\n\nthat a violation of the Funeral Services Licensing Act or of any\n\nrule promulgated pursuant thereto has occurred, the Board shall give\n\nwritten notice to the alleged violator specifying the cause of\n\ncomplaint. The notice shall require that the matters complained of\n\nbe corrected immediately or that the alleged violator appear before\n\nthe Board at a time and place specified in the notice and answer the\n\ncharges. The notice shall be delivered to the alleged violator in\n\naccordance with the provisions of subsection E of this section.\n\nC. The Board shall afford the alleged violator an opportunity\n\nfor a fair hearing in accordance with the provisions of subsection F\n\nof this section not less than fifteen (15) days after receipt of the\n\nnotice provided for in subsection B of this section. On the basis\n\nof the evidence produced at the hearing, the Board shall make\n\nfindings of fact and conclusions of law and enter an order thereon.\n\nThe Board shall give written notice of the order to the alleged\n\nviolator and to any other persons who appeared at the hearing and\n\nmade written request for notice of the order. If the hearing is\n\nheld before a hearing officer as provided for in subsection F of\n\nthis section, the hearing officer shall transmit the record of the\n\nhearing together with recommendations for findings of fact and\n\nconclusions of law to the Board which shall thereupon enter its\n\norder. The Board may enter its order on the basis of such record\n\nor, before issuing its order, require additional hearings or further\n\nevidence to be presented. The order of the Board shall become final\n\nand binding on all parties unless appealed to the district court\n\npursuant to Article II of the Administrative Procedures Act, within\n\nthirty (30) days after notice has been sent to the parties.\n\nD. Whenever the Board finds that as a result of a violation of\n\nthe Funeral Services Licensing Act or any rule promulgated thereto\n\nan emergency exists requiring immediate action to protect the public\n\nhealth or welfare, the Board may without notice or hearing issue an\n\norder stating the existence of an emergency and requiring that\n\naction be taken as it deems necessary to meet the emergency. The\n\norder shall be effective immediately. Any person to whom an order\n\nis directed shall comply with the order immediately but on\n\napplication to the Board shall be afforded a hearing within ten (10)\n\ndays of receipt of the notice. On the basis of a hearing, the Board\n\nshall continue the order in effect, revoke it or modify it. Any\n\nperson aggrieved by an order continued after the hearing provided\n\nfor in this subsection may appeal to the district court of the\n\ncounty in which the person resides, or in which the business of the\n\nperson is located, within thirty (30) days of the Board's action.\n\nThe appeal when docketed shall have priority over all cases pending\n\non the docket, except criminal cases.\nvoke it or modify it. Any\n\nperson aggrieved by an order continued after the hearing provided\n\nfor in this subsection may appeal to the district court of the\n\ncounty in which the person resides, or in which the business of the\n\nperson is located, within thirty (30) days of the Board's action.\n\nThe appeal when docketed shall have priority over all cases pending\n\non the docket, except criminal cases.\n\nE. Except as otherwise expressly provided by law, any notice,\n\norder or other instrument issued by or pursuant to authority of the\n\nBoard may be served on any person affected thereby personally, by\n\npublication or by mailing a copy of the notice, order or other\n\ninstrument by registered mail directed to the person affected at his\n\nlast-known post office address as shown by the files or records of\n\nthe Board. Proof of service shall be made as in the case of service\n\nof a summons or by publication in a civil action or may be made by\n\nthe affidavit of the person who did the mailing. Proof of service\n\nshall be filed in the office of the Board.\n\nEvery certificate or affidavit of service made and filed as\n\nprovided for in this subsection shall be prima facie evidence of the\n\nfacts therein stated. A certified copy thereof shall have like\n\nforce and effect.\n\nF. The hearings authorized by this section may be conducted by\n\nthe Board. The Board may designate hearing officers who shall have\n\nthe power and authority to conduct hearings in the name of the Board\n\nat any time and place. The hearings shall be conducted in\n\nconformity with and records made thereof pursuant to Article II of\n\nthe Administrative Procedures Act.\n\nG. All records on complaints filed against any licensee\n\npursuant to the Funeral Services Licensing Act shall be exempt from\n\nthe Oklahoma Open Records Act unless the Board gave written notice\n\nof the complaint pursuant to subsection B of this section.","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":"4f0d1e6b6954fa60b290a2e77c9e9c265895d89d3f36ec3235f6f6d22d6d3380","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-396.12e","next":"us-ok/okla.-stat.-tit.-59-59-396.14"},"notice":"GroundRules: Original legal text. Not legal advice."}