{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-2-305","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-2-305","heading":"Written order specifying violations — Disciplinary","body":"actions — Emergency actions — Administrative penalty.\n\nA. In addition to any other remedies provided by law, the\n\nDirector shall issue a written order to show cause to be served on\n\nthe parties before annulling, conditioning, suspending or revoking\n\nany registration that the Director has reason to believe is\n\noperating inconsistent with any provision of Section 2-303 of this\n\ntitle, pursuant to Section 2-304 of this title or otherwise where\n\nthere has been a violation of any federal law, any rule or\n\nregulation of the Drug Enforcement Administration, any provision of\n\nthe Uniform Controlled Dangerous Substances Act, or any rules or\n\nregulations of the Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control.\n\nB. The written order to show cause shall state with specificity\n\nthe nature of the violation or basis for the action. The Director\n\nmay impose any disciplinary action authorized by the Uniform\n\nControlled Dangerous Substances Act or rules of the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control including, but not\n\nlimited to, the assessment of monetary penalties.\n\nC. All alleged violations shall be deemed admitted unless the\n\nregistrant requests an administrative hearing in accordance with the\n\nrules and regulations promulgated by the Director within thirty (30)\n\ndays of issuance of the order to show cause. Upon such request, the\n\nDirector shall promptly serve notice of the show cause hearing\n\npursuant to Section 309 of Title 75 of the Oklahoma Statutes. If a\n\nregistrant fails to request a hearing or fails to appear after\n\nrequesting a hearing, the Director shall issue a final order of the\n\nmatter by default. Nothing in this section shall be construed to\n\nrequire an individual proceeding for the denial of a new application\n\nfor registration.\n\nD. The Director may authorize the Deputy Director or the\n\nGeneral Counsel of the Oklahoma State Bureau of Narcotics and\n\nDangerous Drugs Control to initiate any individual proceedings under\n\nthis title. Nothing in this section shall be construed so as to\n\ndelegate the authority of the Director to issue a final agency order\n\nof an individual proceeding adverse to a party.\n\nE. All proceedings shall be conducted in accordance with the\n\nAdministrative Procedures Act and the rules and regulations of the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control,\n\nexcept where more specific provisions of the Uniform Controlled\n\nDangerous Substances Act apply, without regard to any criminal\n\nprosecution or other proceeding. Jurisdiction and venue for any\n\naction related to a registration or an individual proceeding,\n\nincluding any appeal thereof, shall solely exist in the district\n\ncourt of Oklahoma County.\n\n1. Proceedings to refuse renewal, revoke, or suspend a\n\nregistration shall not abate the existing registration which shall\n\nremain in effect pending the outcome of those administrative\n\nproceedings; provided, the registrant submits timely and sufficient\n\nrenewal applications annually. This abatement shall not apply when\n\nthe Director finds there is an imminent danger to the public health\n\nor safety requiring an immediate suspension.\n\n2. The Director may delegate to an administrative hearing\n\nofficer the authority to conduct hearings and recommend action for\n\nfinal agency orders in accordance with the rules and regulations of\n\nthe Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.\n\n3. Any requested subpoena or subpoena duces tecum may be\n\nquashed or modified for grounds listed in Section 2004.1 of Title 12\n\nof the Oklahoma Statutes or upon a finding from the Director or\n\nhearing officer that the information or testimony being sought is\n\nnot both necessary and proper to adjudication of the issues\n\nidentified in the order to show cause. Any subpoena or subpoena\nDrugs Control.\n\n3. Any requested subpoena or subpoena duces tecum may be\n\nquashed or modified for grounds listed in Section 2004.1 of Title 12\n\nof the Oklahoma Statutes or upon a finding from the Director or\n\nhearing officer that the information or testimony being sought is\n\nnot both necessary and proper to adjudication of the issues\n\nidentified in the order to show cause. Any subpoena or subpoena\n\nduces tecum may be quashed or modified over the objection of any\n\nparty pursuant to the requirements of this paragraph.\n\nF. The Director may issue an order immediately suspending a\n\nregistration, without notice or a hearing, when he or she finds\n\nthere is imminent danger to the public health or safety which\n\nwarrants such action. The suspension shall continue in effect until\n\nthe conclusion of any administrative proceedings, including judicial\n\nreview thereof, unless withdrawn earlier by the Director or\n\ndissolved by a court of competent jurisdiction. The order shall\n\nstate the existence of an emergency requiring action be taken that\n\nthe Director deems necessary to meet the emergency. Such action may\n\ninclude, but is not limited to, ordering the registrant to\n\nimmediately cease and desist operations. The order shall be\n\neffective immediately upon issuance. Any person to whom the order\n\nis directed shall comply immediately with the provisions of the\n\norder. The Director may assess a penalty not to exceed Ten Thousand\n\nDollars ($10,000.00) per day of noncompliance with the order. In\n\nassessing such penalty, the Director shall consider the seriousness\n\nof the violation and any efforts to comply with applicable\n\nrequirements.\n\nG. In lieu of or in addition to any other remedies available to\n\nthe Director, if a finding is made that a registrant has committed\n\nany act in violation of federal law relating to any controlled\n\nsubstance, any provision of the Uniform Controlled Dangerous\n\nSubstances Act, or any rules of the Oklahoma State Bureau of\n\nNarcotics and Dangerous Drugs Control, the Director is hereby\n\nauthorized to assess an administrative penalty not to exceed Five\n\nThousand Dollars ($5,000.00) per day for each such act. The\n\nprovisions of this subsection shall not apply to violations of\n\nsubsection G of Section 2-309D of this title. Nothing in this\n\nsection shall be construed to permit the Director of the Oklahoma\n\nState Bureau of Narcotics and Dangerous Drugs Control to assess\n\nadministrative fines for violations of the provisions of subsection\n\nG of Section 2-309D of this title.\n\nH. If a court of competent jurisdiction finds probable cause\n\nthat a registrant has possessed, transferred, sold, or offered for\n\nsale any controlled dangerous substance in violation of the Uniform\n\nControlled Dangerous Substances Act, all controlled dangerous\n\nsubstances in Schedule I of Section 2-204 of this title and all\n\ncontrolled dangerous substances in Schedules II, III, IV, and V that\n\nare not in properly labeled containers in accordance with the\n\nUniform Controlled Dangerous Substances Act in the possession of the\n\nregistrant shall be deemed contraband and shall be seized and\n\nsummarily forfeited pursuant to Section 2-505 of this title.\n\nSamples shall be retained of all controlled dangerous substances\n\nseized in accordance with Section 2-508 of this title as required.\n\nThe Director may assess an eradication or destruction fine not to\n\nexceed Fifty Thousand Dollars ($50,000.00) against the registrant.\n\nI. Upon an annulment, revocation, or denial of a registration,\n\nthe Director may prohibit the registrant or applicant from\n\nreapplying for registration for a period up to five (5) years\n\nfollowing the date of the final order. The length of any\n\nprohibition shall not be used as grounds to contest the validity of\n\nthe annulment, revocation, or denial of a registration.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"7e7a116246925b845a91dcfb6bdf1b5800b65ccf0056d9c0b90e31646d5a5a9c","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-2-304","next":"us-ok/okla.-stat.-tit.-63-63-2-306"},"notice":"GroundRules: Original legal text. Not legal advice."}