2019 Oklahoma Statutes
Title 59. Professions and Occupations
§59-328.43a. Complaints - Review and investigative panels - Panel authority.

A. 1. Upon the receipt of a complaint to the Board alleging a violation of the State Dental Act or other state or federal law by a licensee, permit holder or other individual under the authority of the Board, the Board President shall assign up to three Board members as the review and investigative panel. The remaining Board members shall constitute the Board member jury panel. In the event the complaint is anesthesia-related, the Board President or acting president may, at his or her discretion, add one or more members of the anesthesia committee to the investigative and review panel.

2. The review and investigative panel, in its discretion, may notify the respondent of the complaint at any time prior to its dismissal of the complaint or making a recommendation to the Board.

B. The review and investigative panel shall confer and shall conduct or cause to be conducted any investigation of the allegations in the complaint as it reasonably determines may be needed to establish, based on the evidence available to the panel, whether it is more likely than not that:

1. A violation of the provisions of the State Dental Act or the rules of the Board has occurred; and

2. The person named in the complaint has committed the violation.

C. 1. In conducting its investigation, a review and investigative panel may seek evidence, take statements, take and hear evidence, and administer oaths and affirmations and shall have any other powers as defined by the Administrative Procedures Act. A review and investigative panel may also use Board attorneys and investigators appointed by the Board to seek evidence.

2. The review and investigative panel shall not have contact or discussions regarding the investigation with the other Board members that shall be on the jury panel during the investigative phase.

3. No Board member that is a dentist living in the same district as a dentist that is the subject of a complaint shall serve on a review and investigative panel or on the Board member jury panel.

4. All records, documents, and other materials during the review and investigative panel portion shall be considered investigative files and not be subject to the Oklahoma Open Records Act.

D. The Board President or other member of the Board shall act as the presiding administrative judge during any proceeding. The presiding administrative judge shall be allowed to seek advice from judicial counsel or other legal counsel appointed by the Board.

E. The investigative and review panel shall have the authority to:

1. Dismiss the complaint as unfounded;

2. Refer the case to mediation pursuant to the Oklahoma Dental Mediation Act. The mediation panel shall report to the review and investigative panel that a mediation was successful or refer the matter back to the review and investigative panel at which time they will reassume jurisdiction or dismiss the complaint;

3. Issue a private settlement agreement that shall not include any restriction upon the licensee's or permit holder's license or permit;

4. Assess an administrative fine not to exceed One Thousand Five Hundred Dollars ($1,500.00) per violation pursuant to a private settlement agreement; and

5. Issue a formal complaint for a hearing of the Board member jury panel pursuant to Article II of the Administrative Procedures Act against the licensee or permit holder.

The review and investigative panel and the Board President shall have the authority to authorize the Executive Director or the Board's attorney to file an injunction in district court for illegal activity pursuant to the State Dental Act when needed.

F. In the event of a majority of members of the Board being recused from the Board member jury panel, the Board President or presiding administrative judge shall appoint one or more previous Board members with a current active license in good standing to serve as a jury panel member.

G. Any action as set forth in paragraphs 1 through 3 of subsection E of this section shall remain part of the investigation file, and may be disclosed or used against the respondent only if the respondent violates the settlement agreement or if ordered by a court of competent jurisdiction.

H. The Board of Dentistry, its employees, independent contractors, appointed committee members and other agents shall keep confidential all information obtained in the following circumstances:

1. During an investigation into allegations of violations of the State Dental Act, including but not limited to:

a.any review or investigation made to determine whether to allow an applicant to take an examination, or

b.whether the Board shall grant a license, certificate, or permit;

2. In the course of conducting an investigation;

3. Reviewing investigative reports provided to the Board by a registrant; and

4. Receiving and reviewing examination and test scores.

I. The President of the Board or presiding administrative judge shall approve any private settlement agreement.

J. The investigative review panel may make a recommendation for an agreed settlement order to be approved by the Board. The agreed settlement order may include any recommendation agreed upon between the license holder including, but not limited to, any penalty available to the Board pursuant to Section 328.44a of this title.

K. A formal complaint issued by the review and investigative panel shall specify the basic factual allegations and the provisions of the State Dental Act, state law or rules that the license or permit holder is alleged to have violated. The formal notice of a complaint shall be served to the license or permit holder either in person, to their attorney, by agreement of the individual, by an investigator of the Board or a formal process server pursuant to Section 2004 of Title 12 of the Oklahoma Statutes.

L. Any information obtained and all contents of any investigation file shall be exempt from the provisions of the Oklahoma Open Records Act.

Added by Laws 1996, c. 2, § 15, eff. Nov. 1, 1996. Amended by Laws 1997, c. 108, § 6, eff. Nov. 1, 1997; Laws 2003, c. 172, § 7, emerg. eff. May 5, 2003; Laws 2005, c. 377, § 5, eff. Nov. 1, 2005; Laws 2012, c. 270, § 10, eff. Nov. 1, 2012; Laws 2015, c. 229, § 23, eff. July 1, 2015; Laws 2018, c. 151, § 12, eff. Nov. 1, 2018.