Title 510

An individual proceeding may be initiated, upon information indicating the possible violation of the Act, through the filing of a petition 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 General Counsel, or Board staff, shall issue a citation notifying the respondent of the petition and the date and place of the hearing. 

[Source: Amended at 13 Ok Reg 2219, eff6-27-96; Amended at 39 Ok Reg 2043, eff9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25] 

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

"Allegation" means information concerning a physician's acts or omissions provided to or discovered by Board investigative staff or other source.

"Individual proceeding" means consideration of issuing a formal sanction against a licensee of the Board.

"Petition" means the formal allegation of potential violation of the Act against the named physician.

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

[Source: Added at 13 Ok Reg 2219, eff6-27-96; Amended at 39 Ok Reg 2043, eff9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

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

(a)   The petition 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 petition 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 Executive Director, 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 petition 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; and to the address designated by any other party to the proceeding.

(d)   Service by mail shall be complete three (3) days after 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 at 39 Ok Reg 2043, eff 9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

(a)  The hearing, shall not be less than twenty (20) days after service of the petition 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 Executive Director 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, eff6-27-96; Amended at 39 Ok Reg 2043, eff9-ll-22; Amended at 42 Ok Reg, Number 20, effective 7-11- 25]

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, 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 or Executive Director 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 or Executive Director may also make rulings on extension of time to respond to a petition or any hearing date.

(c)  Pre-Hearing Conference. The Board's Executive Director may order a Pre-Hearing Conference to discuss the petition, discovery process, potential scheduling order, and the hearing with Respondent and Respondent's attorney. This Pre-Hearing Conference may be held a date chosen by the Board's Executive Director prior to a scheduled meeting of the Board.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended at 39 Ok Reg 2043, eff 9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

(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, or general counsel 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.

(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 at 39 Ok Reg 2043, eff 9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

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 petition 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; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

Subpoenas for the attendance of witnesses and for the production of evidence or records of any kind shall be issued by the President, Executive Director, 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.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended at 39 Ok Reg 2043, eff 9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

(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 in electronic format. 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 at 39 Ok Reg 2043, eff 9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

(a)  All final orders in individual proceedings shall be memorialized in writing. Any written order shall include Findings of Fact and Conclusions of Law. The order shall contain the date it is effective regardless of the date it is signed. A copy of the written order will be mailed to the respondent and to his/her attorney of record.

(b)  Final orders shall be effective the date of announced ruling by the Board.

(c)  Copies of written orders shall be maintained by the Board in a manner readily accessible by the public.

[Source: Amended at 13 Ok Reg 2219, eff 6-27-96; Amended at 39 Ok Reg 2043, eff 9-11-22; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

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. In memorialized written orders, the Board may add Standard Conditions of Probation, or other standard language, in addition to hearing specific announced terms. These standard conditions may include a monthly monitoring fee which is established pursuant to Title 59 Section 645.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

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 respondent 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; Amended at 42 Ok Reg, Number 20, effective 7-11-25]

Costs may be assessed against a respondent in accordance with 59 O.S., Section 637.1. The amount may be determined at the hearing or listed in the memorialized written order.

[Source: Added at 13 Ok Reg 2219, eff 6-27-96; Amended at 42 Ok Reg, Number 20, effective 7-11-25]