§ 37-547. Hearing concerning seized beverages.

A.  After the seizure of such container of alcoholic beverage upon which the taxes have not been paid, any officer or employee of the Alcoholic Beverage Laws Enforcement Commission, designated in writing by the Director, shall hold a hearing to determine whether the container of alcoholic beverage seized did not have the necessary taxes paid as required by the Oklahoma Alcoholic Beverage Control Act and the rules and regulations thereunder.  The ABLE Commission shall give not less than seven (7) days' notice of the time and place of such hearing to the owner of such container of alcoholic beverage if he is known, and also to the person in whose possession such container was found if such person is known and if such person in possession is not the owner of said property.  The Director, or any officer or employee of the ABLE Commission, designated to conduct such hearing, shall have power to administer oaths, and the power to issue subpoenas requiring the attendance of and the giving of testimony by witnesses, and subpoenas duces tecum requiring the production of books, papers, records and memoranda.

B.  Pursuant to such hearing, the ABLE Commission shall determine whether the container of alcoholic beverage seized did not have the taxes paid as required by the Oklahoma Alcoholic Beverage Control Act and the rules and regulations thereunder, and upon a decision to that effect an order shall be entered that such container of alcoholic beverage is confiscated and forfeited to the State of Oklahoma.  The ABLE Commission shall give notice of such order to the owner of such container of alcoholic beverage if he is known and also to the person in whose possession said property so taken was found if such person is known and if such person in possession is not the owner of said property.

Amended by Laws 1985, c. 6, § 44, emerg. eff. March 14, 1985.