Discipline, Enforcement, Complaints, Hearings, and Penalties
Complaints and investigation
Any person may file a complaint with the Board. Staff screen the complaint, investigate, and either dismiss it or issue a notice of hearing. Hearings follow the Oklahoma Administrative Procedures Act: notice of charges, the right to present evidence and witnesses, the right to counsel, and a written record. Many cases end in an agreed order with conditions.
Grounds and sanctions
Grounds include fraud or misrepresentation, negligence, unlicensed practice, failure to account for trust funds, violations of the Act or Board rules, and criminal convictions that affect fitness. Sanctions include reprimand, probation, suspension, revocation, civil fines, and cease-and-desist orders. Unlicensed practice may be enjoined in court and prosecuted. A final order may be appealed to district court within the statutory deadline.
Worked example
A funeral home collects preneed money but never deposits it and uses it for payroll. Reasoning: this violates the trust provisions and is a deceptive practice. The Board may revoke the establishment and director licenses, impose fines, and order an accounting and restitution. The owner may appeal, but the trust shortfall must be restored. Consumers may also sue under the Consumer Protection Act.
Traps
Assuming a complaint automatically suspends a license; missing the appeal deadline; assuming only felony convictions matter; ignoring a Board subpoena; continuing to operate after a summary suspension; treating an agreed order as not discipline.