§ 59-1528. Denial, suspension or revocation of license - Hearing.

A.  The Administrator shall appoint an independent hearing examiner to conduct all administrative hearings involving alleged violations of the Precious Metal and Gem Dealer Licensing 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 Precious Metal and Gem Dealer Licensing 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.  Any person aggrieved by a final agency order of the Administrator may obtain judicial review in accordance with the Oklahoma Administrative Procedures Act.  The jurisdiction and venue of any such action shall be in the district court of Oklahoma County.

The costs of the hearing examiner may be assessed against the respondent, unless the respondent is the prevailing party.

B.  The Administrator may, after notice and hearing, deny, decline to renew a license, suspend or revoke any license , order a cease and desist order, impose an administrative fine in an amount not to exceed Five Thousand Dollars ($5,000.00) or impose a combination of such penalties if it is found that:

1.  The applicant has been convicted of a felony or crime involving fraud, theft, receiving or possession of stolen property in the five (5) years preceding the submission of the application;

2.  The licensee has failed to pay any fee or charge properly imposed by the Administrator under the authority of the Precious Metal and Gem Dealer Licensing Act;

3.  The licensee or any entity or individual subject to the Precious Metal and Gem Dealer Licensing Act has violated any provision of the Precious Metal and Gem Dealer Licensing Act or any rule promulgated or order made pursuant to and within the authority of the Precious Metal and Gem Dealer Licensing Act; or

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

C.  Any licensee may surrender any license by delivering it to the Administrator with written notice of its surrender.  Such surrender shall not affect the administrative penalty or criminal liability of the licensee for acts committed prior to the surrender of the license.

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

E.  The Commission on Consumer Credit shall prescribe by rule an inspection fee, fee for each license change, duplicate license, or returned check.  The inspection fee shall be the same amount as the examination fee for pawnbrokers and shall be payable at the time of license application or license renewal.

F.  Any entity or individual offering to engage or engaged as a precious metal and gem dealer in this state without a license shall be subject to an administrative fine in an amount not to exceed Five Thousand Dollars ($5,000.00).

G.  The Administrator may impose an administrative fine as prescribed in subsections B and F of this section, after notice and hearing in accordance with Article II of the Administrative Procedures Act.

H.  Any administrative order or settlement agreement imposing an administrative fine pursuant to this section may be enforced in the same manner as civil judgments in this state.  The Administrator may file an application to enforce an administrative order or settlement agreement in the district court of Oklahoma County.

Added by Laws 1981, c. 213, § 8, operative July 1, 1981.  Amended by Laws 2010, c. 415, § 20, eff. July 1, 2010; Laws 2013, c. 153, § 2, eff. Nov. 1, 2013.