Title 510

An individual proceeding may be initiated, upon information indicating the possible violation of the Act, through the filing of a verified complaint by the Board staff setting out the matters enumerated in 75 O.S., Section 309, and containing a statement setting forth the allegations and naming the licensee against whom the complaint is made. The Secretary, or Board staff, shall issue a citation notifying the respondent of the verified complaint and the date and place of the hearing.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]

The following words and terms, as used in this subchapter shall have the following meaning, unless the context clearly indicates otherwise.

"Allegation" means the unverified information concerning a physician's acts or omissions provided to or discovered by Board investigative staff and reviewed by the Medical Review Committee. Such information may or may not ultimately merit a verified complaint of unprofessional conduct.

"Individual proceeding" means consideration of issuing a formal sanction penalizing a licensee of the Board. It does not mean consideration of the issuance or reinstatement of a license.

"Respondent" means the licensed osteopathic physician whose licensure is the subject of the individual proceeding.

"Verified Complaint" means the formal allegation of unprofessional conduct against the named physician filed by Board staff that leads to an individual proceeding adjudged by the Board en banc.

 ^{[Source: Added at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

^[Source: Revoked at 13 Ok Reg 2219, eff 6-27-96]

(a) The verified complaint and citation and all subpoenas shall be served personally in the manner authorized by state law for service of summons in a judicial proceeding or by certified mail, return receipt requested, delivery restricted to the addressee. If personal service or service by certified mail cannot be completed, service of the verified complaint and citation may be made by first class mail to the respondent at the last address furnished to the Board by the respondent or by publication in a newspaper or newspapers for the time, or posting at the places, the Secretary of the Board determines will be most likely to provide notice to the respondent.

(b) Personal service may be made by any person appointed by the Secretary of the Board, Board Investigators, or any person authorized by State law to serve process in judicial proceedings.

(c) Service of all other papers shall be made by first-class mail to the address at which service of the initial complaint and citation was made or in the manner by which such service was made if not by mail or personal service or such other address designated by the respondent; to the Board at its office, the office of its general counsel and the prosecuting attorney; and to the address designated by any other party to the proceeding.

(d) Service by mail shall be complete upon the date the notice is placed in the U.S. Mail with sufficient postage prepaid. Service by publication shall be complete on the date of the first publication. Service by posting shall be complete on the date the notice is posted. Personal service shall be complete upon delivery.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

(a)    The hearing, shall not be less than twenty (20) days after service of the complaint and citation unless an agreement of the parties is made in writing and on the record. The Board may suspend a license without notice if the Board determines, upon the vote of three-fourths (¾) of the quorum present at the meeting that an emergency exists and the Board schedules a hearing within thirty (30) days of the date the suspension takes effect.

(b)    Written motions for any continuance or extension of time by either party shall state the additional time desired and the reason for the request, unless a written agreement is made by the Board's Executive Director and the respondent. The Board's General Counsel must rule on these motions prior to the scheduled hearing. Any agreement to continue the hearing must be on the record at the next regularly scheduled meeting.  If the request is denied, either party may renew the request and make a proper showing at the hearing.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

True and correct copies of records of the Board may be certified by the Board's secretary or executive director. The fee for certification of records shall be $1.00 per document and must be paid upon the delivery of the certified record. [51 O.S., Section 24A.5]

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]}

The respondent shall file a written answer under oath with the Board within twenty (20) days after the service of a citation. If said answer is not filed, the respondent shall be considered in default and appropriate sanctions may be imposed, if the evidence is deemed sufficient by the Board. Unless by agreement of the Board Executive Director and the respondent, only one (1) continuance is allowed by Executive Director for extension of time. The Secretary of the Board may extend the time within which an answer must be filed; however, in no case shall the time to file an answer be extended beyond the hearing date.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

(a) Discovery. The Board and the respondent may use discovery techniques available to parties in civil proceedings in Oklahoma courts. See Title 12 O.S., Sections 3201 Et Seq. Subpoenas to compel testimony, production of documents and inspection of property may be issued by the president or secretary of the Board, or any Board staff or designee licensed to practice law in the State of Oklahoma.

(b) Scheduling orders. The Board's General Counsel may establish a schedule for the parties' completion of discovery, submission of motions, identification of witnesses and exhibits and other matters. The Board's General Counsel may also make rulings on extension of time to respond to a verified complaint or any hearing date.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

(a) Order of proceeding; rules of evidence. Hearings shall be conducted in public view and in an orderly manner by the President of the Board. The order of proceeding will follow that which applies in civil proceedings of law. However, the rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act.

(b) Rulings of the President. The President of the Board shall rule upon the admissibility of evidence and objections thereto, and shall rule upon other motions or objections as they arise during the course of the hearing. The rulings of the President, in all questions, shall be the rulings of the Board unless reversed by a majority vote of the Board upon a party's appeal from such rulings of the President. Rulings by the President may be delegated.

(c) Burden of proof. The Board's decisions shall be based on clear and convincing evidence presented at a public hearing.

^{[Source: Added at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

Any respondent who fails to appear at a scheduled hearing as directed by the provisions of 510:1-5-2, after first having received proper notice, shall be determined to have waived his/her right to present a defense to the allegations in the complaint and appropriate sanctions may be imposed by the Board if it appears, after having reviewed the evidence, that action is warranted.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]}

Subpoenas for the attendance of witnesses and for the production of evidence or records of any kind shall be issued by the President, Secretary of the Board, or by any Board staff or designee licensed to practice law in the State of Oklahoma. Subpoenas shall be served and a return made in any manner prescribed by civil law.. Subpoenas shall be served and a return made in any manner prescribed by civil law.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-2022]}

(a) An audio or video record will be made of all hearings conducted by the Board. A transcript of the proceedings shall not be made except upon the written application and payment of a deposit sufficient to pay for having the record transcribed, according to the provisions of Title 75 O.S., Section 309.

(b) The records of the hearings and the files containing the pleadings will be maintained in the Board's office. The records of the proceedings shall be maintained in accordance with the Oklahoma Archives and Records Act and the Oklahoma Open Records Act.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

All final orders in individual proceedings shall be in writing. Any final order shall include Findings of Fact and Conclusions of Law, separately stated. A copy of the final order will be mailed to each party and to his/her attorney of record.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended 9-11-22]}

The Board may impose such terms and conditions for probation, as an alternative to or in addition to other disciplinary measures, as it deems appropriate.

^{[Source: Added at 13 Ok Reg 2219, eff 6-27-96]}

A petition for rehearing is not required before an appeal may be perfected in accordance with Title 75 O.S., Section 317. A petition for rehearing, reopening or reconsideration of a final order may be filed with the Board within ten (10) days from the entry of the final order. It must be signed by the party or his/her attorney or representative and must set forth the statutory grounds upon which it is based. However, a petition for rehearing based upon fraud by any party or procurement of the final order by perjured testimony or fictitious evidence may be filed at any time.

^{[Source: Amended at 13 Ok Reg 2219, eff 6-27-96]}

Costs may be assessed against a respondent in accordance with 59 O.S., Section 637.1. The amount may be determined at the hearing on the complaint and citation or at a separate hearing conducted after the Board issues its final order.

^{[Source: Added at 13 Ok Reg 2219, eff 6-27-96]}