{"data":{"id":"us-ok/okla.-stat.-tit.-59-59-698.19a","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 59, § 59-698.19A","heading":"Field citation – Probable cause committee – Contest","body":"hearing – Fine.\n\nA. 1. If, upon completion of an investigation, the Executive\n\nDirector of the State Board of Veterinary Medical Examiners has\n\nprobable cause to believe that a licensed veterinarian or any other\n\nperson has violated provisions of the Oklahoma Veterinary Practice\n\nAct or rules promulgated thereto, the Executive Director may issue a\n\nfield citation to the licensed veterinarian or other person, as\n\nprovided in this section. Each field citation shall be in writing\n\nand shall describe with particularity the nature of the violation,\n\nincluding but not limited to a reference to the provision of the\n\nOklahoma Veterinary Practice Act alleged to have been violated.\n\n2. In addition, each field citation may contain an order of\n\nabatement fixing a reasonable time for abatement of the violation,\n\nand may contain an assessment of an administrative penalty not to\n\nexceed Five Hundred Dollars ($500.00) for a first offense and not to\n\nexceed Five Thousand Dollars ($5,000.00) for a second or each\n\nsubsequent offense. Each day such violation continues shall\n\nconstitute a separate offense.\n\n3. The field citation shall be served upon the licensed\n\nveterinarian or other person personally or by any certified mail,\n\nreturn receipt requested.\n\nB. Before any field citation shall be issued to any licensed\n\nveterinarian, the Executive Director shall have submitted the\n\nalleged violation for the review and examination to a probable cause\n\ncommittee, comprised of the Board’s attorney, an investigator, and a\n\nveterinarian licensed in the state of Oklahoma. The probable cause\n\ncommittee, during its review, may contact the licensed veterinarian\n\nto discuss and resolve the alleged violation. Upon conclusion of\n\nthe probable cause committee’s review, the committee shall prepare\n\nfindings of fact and a recommendation. If the committee concludes\n\nthat probable cause exists that the veterinarian has violated any\n\nprovisions of the Oklahoma Veterinary Practice Act or rules\n\npromulgated thereto, an administrative penalty shall be assessed\n\nupon the licensed veterinarian.\n\nC. 1. If a licensed veterinarian or other person who has been\n\ndetermined by the Board or agent thereof to have violated any\n\nprovision of the Oklahoma Veterinary Practice Act or rules\n\npromulgated or issued pursuant thereto desires to contest a field\n\ncitation or the proposed assessment of an administrative penalty\n\ntherefore, the licensed veterinarian or other person shall, within\n\nten (10) business days after service of the field citation, notify\n\nthe Executive Director in writing, requesting an informal conference\n\nwith the probable cause committee.\n\n2. The probable cause committee shall hold, within sixty (60)\n\ndays from the receipt of the written request, an informal\n\nconference. After the conclusion of the informal conference, and\n\nbased on recommendations thereof, the Executive Director may affirm,\n\nmodify or dismiss the field citation or proposed assessment of an\n\nadministrative penalty and the Executive Director shall state with\n\nparticularity in writing the reasons for the action, and shall\n\nimmediately transmit a copy thereof to the licensed veterinarian or\n\nother person and the person who submitted the complaint.\n\nD. 1. If the veterinarian or person desires to contest\n\nadministratively, a decision made after the informal conference, the\n\nlicensed veterinarian or other person shall inform the Executive\n\nDirector in writing within thirty (30) calendar days after such\n\nperson receives the decision resulting from the informal conference.\n\n2. If the licensed veterinarian or other person fails to\n\nrequest an informal conference within the time specified in this\n\nsection, the field citation, the proposed assessment of the\n\nadministrative penalty or the decision made after an informal\norm the Executive\n\nDirector in writing within thirty (30) calendar days after such\n\nperson receives the decision resulting from the informal conference.\n\n2. If the licensed veterinarian or other person fails to\n\nrequest an informal conference within the time specified in this\n\nsection, the field citation, the proposed assessment of the\n\nadministrative penalty or the decision made after an informal\n\nconference shall be deemed a final order of the Board and shall not\n\nbe subject to further administrative reviews.\n\nE. If a fine is paid to satisfy an assessment based on the\n\nfindings of a violation, payment of the fine shall be represented as\n\nsatisfactory resolution of the matter for the purposes of public\n\ndisclosure.\n\nF. A veterinarian or other person, in lieu of contesting a\n\nfield citation pursuant to this section, may transmit to the Board\n\nthe amount assessed in the citation as an administrative penalty,\n\nwithin thirty (30) days after service of the field citation. If a\n\nhearing is not requested pursuant to this section, payment of any\n\nfine shall not constitute an admission of the violation charged.\n\nG. 1. If a veterinarian or other person has notified the\n\nExecutive Director within ten (10) working days of the issuance of\n\nthe assessment or field citation that such veterinarian or other\n\nperson intends to contest the decision made after the informal\n\nconference, the Board shall hold a hearing to be held in accordance\n\nwith the Administrative Procedures Act and adjudicating such matters\n\nfor judgment only upon clear and convincing evidence as required by\n\nthe Oklahoma Veterinary Practice Act with the Board having all of\n\nthe powers granted therein.\n\n2. After the hearing, the Board shall issue a decision based on\n\nfindings of the fact, affirming, modifying or vacating the citation,\n\nor directing other appropriate relief which shall include, but need\n\nnot be limited to, a notice that the failure of the veterinarian or\n\nother person to comply with any provision of the Board’s decision\n\nmay subject such veterinarian or person to the imposition of the\n\nsanctions authorized by the Oklahoma Veterinary Practice Act.\n\nH. After the exhaustion of the review procedures provided for\n\nin this section, the Board may bring an action for judicial review\n\nand administrative penalty and obtain an order compelling the cited\n\nperson to comply with any order issued pursuant to this section.\n\nI. Failure of a licensee to pay a fine within thirty (30) days\n\nof the date of assessment, unless the field citation is being\n\nappealed may result in action being taken by the Board. When a\n\ncitation is not contested and a fine is not paid, the full amount of\n\nthe assessed fine shall be added to the fee for the renewal of the\n\nlicense. A license shall not be renewed without payment of the\n\nrenewal fee and fine.\n\nJ. The Board shall promulgate rules covering the issuance of\n\nfield citations, the assessment of administrative penalties and\n\nother duties specified by this section pursuant to this section\n\nwhich give due consideration to the appropriateness of the penalty\n\nwith respect to the following factors:\n\na. the gravity of the violation,\n\nb. the good faith of the person being charged, and\n\nc. the history of previous violations.","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":"6e09119e84589422c5669fa97a41b0456b1d2ab740a67413931aa04e0e56ce4c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-59-59-698.18","next":"us-ok/okla.-stat.-tit.-59-59-698.2"},"notice":"GroundRules: Original legal text. Not legal advice."}
