§ 59-46.14. Grounds for suspension, revocation or nonrenewal of license or certificate - Hearing.  


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  • The Board shall have power to suspend, to revoke or refuse to renew a license, registration, certificate of authority or certificate of title issued by it, pursuant to the provisions of the State Architectural and Registered Interior Designers Act, when the holder thereof:

    1.  Shall have been convicted of a felony;

    2.  Shall have been guilty of fraud or misrepresentation in the person's application, whether for an examination or for a license or registration without examination, or of fraud in the examination;

    3.  Shall have been guilty of gross incompetence or recklessness in the practice of architecture relating to the construction of buildings or structures, or of dishonest practices;

    4.  Shall have been guilty of gross incompetence or recklessness in the practice of landscape architecture, or of dishonest practices;

    5.  Presents the registration of another as his or her own;

    6.  Gives false or forged evidence to the Board;

    7.  Conceals information relative to any violation of this act or rules promulgated under this act;

    8.  Shall have been found to be guilty of a violation of a provision of the State Architectural and Registered Interior Designers Act or the rules of the Board; provided, that a person or entity complained of:

    a.shall first have been served notice in the same manner as provided by law in other civil actions of the charges filed against the person or entity and of the time, place, and nature of the hearing before the Board, and

    b.shall have the right to be represented by counsel and an opportunity to respond and present evidence and argument on all issues involved, by the introduction of evidence and by the examination and cross-examination of witnesses, and to compel the attendance of witnesses and the production of books and papers.  Pursuant to the foregoing, the Board shall have the power of a court of record, including the power to issue subpoena and to compel the attendance and testimony of witnesses.  Each member of the Board shall have the power to administer oaths and to issue subpoena.  Whenever any person who shall have been subpoenaed to appear to give testimony, or to answer any pertinent or proper question, or to produce books, papers or documents which shall have been designated in a subpoena, either on behalf of the prosecution or on behalf of the accused, shall refuse to appear to testify before the Board, or to answer any pertinent or proper questions, or to produce a book, paper or document which shall have been designated in a subpoena, the person shall be deemed to be in contempt of the Board, and it shall be the duty of the presiding officer of the Board, to report the fact to the district court of the State of Oklahoma in and for the county in which such person may be or may reside whereupon the court shall issue an attachment in the usual form, directed to the sheriff of the county, which shall command the sheriff to attach such person and forthwith bring the person before the court.  On the return of the attachment duly served upon the accused, or upon the production of the person attached, the district court shall have jurisdiction of the matter.  The person charged may purge himself or herself of the contempt in the same way and the same proceedings shall be had, and the same penalties may be imposed, as in the case of a witness subpoenaed to appear and give evidence on the trial of a civil cause before a district court of the State of Oklahoma.  Depositions may be taken and used in the same manner as in civil cases.  The Board shall keep a record of the evidence in, and a record of each proceeding for the suspension, revocation of or refusal to renew a license or certificate of authority and shall make findings of fact and render a decision therein.  If, after a hearing, the charges shall have been found to have been sustained by the vote of a majority of the members of the Board it shall immediately enter its order of suspension, revocation or refusal to renew, as the case may be.

Added by Laws 1947, p. 351, § 14, emerg. eff. April 16, 1947.  Amended by Laws 1986, c. 287, § 15, operative July 1, 1986.  Renumbered from Title 59, § 45.14, by Laws 1986, c. 287, § 31, operative July 1, 1986.  Amended by Laws 1998, c. 220, § 11, eff. July 1, 1998; Laws 2006, c. 163, § 12, eff. July 1, 2006; Laws 2009, c. 184, § 10, eff. July 1, 2009.