§ 328.43a. Complaints--Review and investigative panels--Panel authority
Oklahoma Statutes AnnotatedTitle 59. Professions and OccupationsEffective: November 1, 2018
Effective: November 1, 2018
59 Okl.St.Ann. § 328.43a
§ 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.
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. 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;
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.
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.
Credits
Laws 1996, c. 2, § 15, eff. Nov. 1, 1996; 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.
59 Okl. St. Ann. § 328.43a, OK ST T. 59 § 328.43a
Current with emergency effective legislation through Chapter 295 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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