{"data":{"id":"us-ok/okla.-stat.-tit.-71-71-804","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 71, § 71-804","heading":"Denial or revocation of exemption - Orders and violation","body":"thereof.\n\nA. The Administrator may issue a final order denying or\n\nrevoking any exemption specified in Section 803 of this title, not\n\nincluding the exemption provided for in paragraphs 2 and 7 of\n\nSection 803 of the Oklahoma Business Opportunity Sales Act, with\n\nrespect to a particular offering of one or more business\n\nopportunities if the Administrator finds that the order is in the\n\npublic interest and that:\n\n1. Any provision of the Oklahoma Business Opportunity Sales Act\n\nor any rule, order or condition lawfully imposed pursuant to the act\n\nhas been willfully violated, in connection with the offer or sale of\n\nthe business opportunity by the seller, any partner, officer or\n\ndirector of the seller, any persons occupying a similar status or\n\nperforming similar functions, or any person directly or indirectly\n\ncontrolling or controlled by the seller;\n\n2. The business opportunity is the subject of an administrative\n\norder denying, suspending, or revoking a registration or a permanent\n\nor temporary injunction of any court of competent jurisdiction; but\n\nthe Administrator:\n\na. may not institute a proceeding pursuant to this\n\nparagraph more than one (1) year from the date of the\n\norder or injunction relied on, and\n\nb. may not enter an order pursuant to this paragraph on\n\nthe basis of an order or injunction entered under any\n\nother state act unless that order or injunction was\n\nbased on facts, other than facts which establish\n\njurisdiction, which would currently constitute a\n\nground for an order under this section;\n\n3. The seller's enterprise or method of business, or that of\n\nthe business opportunity, includes or would include activities which\n\nare illegal where performed;\n\n4. The business opportunity or the offering of a business\n\nopportunity has worked or tended to work a fraud upon purchasers or\n\nwould so operate; or\n\n5. The seller's literature or advertising is misleading,\n\nincorrect, incomplete or deceptive.\n\nExcept as provided in subsection B of this section or unless the\n\nright to notice and hearing is waived by the person against whom the\n\nfinal order is to be issued, no order may be issued under this\n\nsection without notice and opportunity for hearing as required by\n\nthe Administrative Procedures Act. If the person to whom such\n\nnotice is addressed does not request a hearing within fifteen (15)\n\ndays after the service of such notice is effective, a final order\n\nshall be issued.\n\nB. If the Administrator makes written findings of fact to\n\nsupport the conclusion that the public interest will be harmed by\n\ndelay in issuing an order pursuant to subsection A of this section,\n\nthe Administrator may by order summarily deny or revoke any of the\n\nspecified exemptions, not including the exemption provided for in\n\nparagraphs 2 and 7 of Section 803 of this title, pending final\n\ndetermination of any proceeding under this section. Upon the entry\n\nof the summary order, the Administrator shall promptly notify the\n\nrespondent or respondents:\n\n1. That the summary order has been entered and the reasons\n\ntherefor;\n\n2. That the person subject to the summary order, if desiring a\n\nhearing, must make written request for a hearing to the\n\nAdministrator within fifteen (15) days after service of the notice\n\nis effective;\n\n3. That within fifteen (15) days after receipt by the\n\nAdministrator of a written request the matter will be set for\n\nhearing to determine whether the summary order should be modified,\n\nvacated, or extended pending final determination of any proceeding\n\nunder subsection A of this section; and\n\n4. That a hearing shall be commenced within fifteen (15) days\n\nof the matter being set for hearing. The summary order shall remain\n\nin effect until the conclusion of the hearing on the summary order\n\nunless the Administrator or the Administrator’s designee extends the\n\nsummary order pending a final determination of any proceeding under\non of any proceeding\n\nunder subsection A of this section; and\n\n4. That a hearing shall be commenced within fifteen (15) days\n\nof the matter being set for hearing. The summary order shall remain\n\nin effect until the conclusion of the hearing on the summary order\n\nunless the Administrator or the Administrator’s designee extends the\n\nsummary order pending a final determination of any proceeding under\n\nsubsection A of this section. If no hearing is requested and none\n\nis ordered by the Administrator, the summary order will remain in\n\neffect until it is modified or vacated by the Administrator or the\n\nAdministrator’s designee. If a request for hearing on the summary\n\norder is timely made and if the hearing is not commenced by the\n\nAdministrator within the time limit set forth herein, the summary\n\norder shall dissolve and an order shall not be issued pursuant to\n\nsubsection A of this section except upon reasonable notice and\n\nopportunity for a hearing.\n\nC. No order under this section may operate retroactively.\n\nD. No person may be considered to have violated Section 806 of\n\nthis title by reason of any offer or sale effected after the entry\n\nof an order under Section 804 of this title if he or she sustains\n\nthe burden of proof that he or she did not know, and in the exercise\n\nof reasonable care could not have known, of the order.","path":["OK Code","Title 71"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os71.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"eca427dcc30985c3fe4dfff5654e6288649fd5e3b3e683905b2ee8c653ec45e3","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-71-71-803","next":"us-ok/okla.-stat.-tit.-71-71-805"},"notice":"GroundRules: Original legal text. Not legal advice."}