2014 Oklahoma Statutes
Title 59. Professions and Occupations
§59-3115. Investigations - Powers of Administrator - Subpoenas - Orders compelling compliance - Censure, probation, suspension, revocation or refusal to renew license - Injunction - Notice and hearing - Cease and desist orders - Judicial review.

A. If the Administrator of Consumer Credit has reasonable cause to believe a lender has violated any provision of the Deferred Deposit Lending Act, the Administrator may make an investigation to determine whether the act has been committed, and, to the extent necessary for this purpose, may administer oaths or affirmations, and upon the Administrator’s own motion or upon request of any party may subpoena witnesses, compel their attendance, adduce evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts, or any other matter reasonably calculated to lead to the discovery of admissible evidence.

B. If the person's records are located outside this state, the person shall, at the person’s option, either make them available to the Administrator at a convenient location within this state, or pay the reasonable and necessary expenses for the Administrator or a representative to examine them at the place where they are maintained. Payments for such necessary expenses shall be made to the Commission on Consumer Credit. Any such payments so received by the Department shall be deposited in the Oklahoma Deferred Deposit Lending Regulatory Revolving Fund. The Administrator may designate representatives, including comparable officials of the state in which the records are located, to inspect them on the Administrator’s behalf.

C. Upon failure without lawful excuse to obey a subpoena or to give testimony and upon reasonable notice to all persons affected thereby the Administrator may apply to a court for an order compelling compliance, as provided by the Administrative Procedures Act, Sections 250.1 through 323 of Title 75 of the Oklahoma Statutes.

D. The Administrator shall not make public the name or identity of a person whose acts or conduct are investigated pursuant to this section or the facts disclosed in the investigation, but this subsection does not apply to disclosures in actions or enforcement proceedings pursuant to the Deferred Deposit Lending Act.

E. The Administrator may, after notice and hearing, censure, probate, suspend, revoke or refuse to renew any license or enjoin violations of the Deferred Deposit Lending Act if the Administrator finds that:

1. The licensee has failed to pay the annual license fee imposed by the Deferred Deposit Lending Act, or an examination fee, investigation fee or other fee or charge imposed by the Administrator under the authority of the Deferred Deposit Lending Act;

2. The licensee, either knowingly or without the exercise of due care to prevent the same, has violated any provision of the Deferred Deposit Lending Act or any rule or order lawfully made pursuant to and within the authority of the Deferred Deposit Lending Act;

3. Any fact or condition exists which, if it had existed or had been known to exist at the time of the original application for the license, clearly would have justified the Administrator in refusing to issue the license;

4. The licensee has refused to permit examination by the Administrator;

5. The licensee has demonstrated incompetency or untrustworthiness to engage in the business of making deferred deposit loans; or

6. The licensee, as an individual, has been convicted of a felony or misdemeanor involving fraud, misrepresentation or deceit.

F. The hearing shall be held on not less than twenty (20) days’ notice in writing setting forth the time and place of the hearing and a concise statement of the facts alleged to sustain the administrative action, and its effective date shall be set forth in a written order accompanied by finding of fact and a copy of the findings shall be delivered immediately to the licensee. The order, findings and evidence considered by the Administrator shall be filed with the public records of the Administrator.

G. Any licensee may surrender any license by delivering it to the Administrator with written notice of its surrender, but the surrender shall not affect the responsibility of the licensee for acts occurring prior to surrender of a license.

H. No revocation, suspension, or surrender of any license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any debtor.

I. The Administrator may reinstate suspended licenses or issue new licenses to a person whose license or licenses have been revoked if no fact or condition then exists which clearly would have justified the Administrator or the independent hearing examiner in refusing originally to issue such license under these subsections.

J. Every licensee shall notify the Administrator of the conviction of or plea of guilty or nolo contendere to any felony within thirty (30) days after the plea is taken and also within thirty (30) days of the entering of an order of judgment and sentencing and shall notify the Administrator of any administrative action resulting in revocation, suspension or amendment of a license taken against the licensee in another state within thirty (30) days of the entering of the administrative order in that state.

K. Except as otherwise provided, the Administrative Procedures Act applies to and governs all administrative action taken by the Administrator pursuant to the Deferred Deposit Lending Act.

L. 1. After notice and hearing, the Administrator may order a lender or a person acting in the lender's behalf to cease and desist from engaging in violations of the Deferred Deposit Lending Act.

2. A respondent aggrieved by an order of the Administrator may obtain judicial review of the order as provided by the Administrative Procedures Act. In such a review proceeding, the Administrator may apply for a decree enforcing the order. All such proceedings shall be conducted and the court's authority in review shall be exercised in accordance with the provisions of the Administrative Procedures Act, with the following additions:

a.the court may grant any temporary relief or restraining order it deems just,

b.if the court affirms or modifies the order, it shall enter a decree enforcing and requiring compliance with the order as affirmed or as modified,

c.an objection to the order not urged at the hearing shall not be considered by the court unless the failure to urge the objection is excused for good cause shown, and

d.the copy of the testimony from the administrative hearing shall be available at reasonable times to all parties for examination without cost.

3. If no proceeding for review has been filed within the time specified by law, the Administrator or a representative may obtain from a court having jurisdiction over the respondent a decree for enforcement of the order upon a showing that the order was issued in compliance with this section, that no proceeding for review was initiated within the time specified by law, and that the respondent is subject to the jurisdiction of the court.

M. The Administrator shall appoint an independent hearing examiner to conduct all administrative hearings involving alleged violations of the Deferred Deposit Lending Act. The independent hearing examiner shall have authority to exercise all powers granted by Article II of the Administrative Procedures Act in conducting hearings. The independent hearing examiner shall have authority to recommend penalties authorized by the Deferred Deposit Lending Act and issue proposed orders, with proposed findings of fact and proposed conclusions of law, to the Administrator pursuant to Article II of the Administrative Procedures Act. The Administrator shall review the proposed order and issue a final agency order in accordance with Article II of the Administrative Procedures Act. A final agency order issued by the Administrator shall be appealable by all parties to the district court as provided in Article II of the Administrative Procedures Act. The costs of the hearing examiner may be assessed by the hearing examiner against the respondent, unless the respondent is the prevailing party.

Added by Laws 2003, c. 240, § 15, eff. Sept. 1, 2003. Amended by Laws 2010, c. 415, § 33, eff. July 1, 2010.