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§3A-403.
§3A-403.
A. The ABLE Commission shall be the licensing authority for the
licensing of organizations, manufacturers, and distributors
conducting, supplying, or otherwise providing charity games to the
public in this state.
B. The Commission shall be responsible for the administration and
enforcement of the Oklahoma Charity Games Act. In addition to such
other duties as may be imposed on the Commission by law, and in order
to perform that responsibility, the Commission shall:
1. Adopt and promulgate rules for the purpose of administering and
enforcing the Oklahoma Charity Games Act;
2. Have the authority to issue, renew, suspend, or revoke any license
authorized by the Oklahoma Charity Games Act;
3. Conduct or direct the conducting of investigations relating to
issuing, renewing, suspending, or revoking any license authorized by
the Oklahoma Charity Games Act;
4. Institute proceedings as the complainant against both licensees and
nonlicensees for violations of the Oklahoma Charity Games Act;
5. Maintain records of all proceedings including minutes of meetings,
applications for licenses and related documents of applicants, and
official documents filed in any hearings conducted by the Commission
arising out of any provision of the Oklahoma Charity Games Act or the
rules and regulations of the Commission. Copies of such records
certified by the Director of the Commission shall be admissible as
evidence in a civil or criminal action;
6. Make such expenditures including employing such additional staff as
may be necessary for the administration and enforcement of the
Oklahoma Charity Games Act;
7. Establish a standard recordkeeping system for the conduct of
charity games;
8. Establish a model internal control system for use by organizations;
9. Conduct all hearings including actions on investigations, issuance,
denial, revocation, or suspension of a license, adoption of rules, and
conduct meetings in accordance with the provisions of the
Administrative Procedures Act, Section 250 et seq. of Title 75 of the
Oklahoma Statutes, and the Oklahoma Open Meeting Act, Section 301 et
seq. of Title 25 of the Oklahoma Statutes; and
10. Be responsible for approving locations for the conducting of
charity games.
C. The members of the Commission, the Director and such agents as the
Commission appoints shall have all the powers and authority of peace
officers of this state for purposes of enforcing the provisions of the
Oklahoma Charity Games Act.
D. The Commission shall have the authority to regularly inspect all
locations or places of business of licensees and all other persons,
firms or corporations dealing in the manufacture, distribution,
transportation, sale or service of charity games or charity game
equipment within this state. Any officer or employee of the Commission
with responsibility for enforcement of the Oklahoma Charity Games Act
shall have the power and authority, without a warrant, to enter and
examine the location or place of business of any licensee, during
normal operating hours thereof, to determine if any violation of the
provisions of the Oklahoma Charity Games Act or rules of the
Commission is or may be occurring. The right of entry and inspection
shall be a condition upon which every license shall be issued and the
application for and acceptance of any license hereunder shall
conclusively be deemed to be consent of the applicant and licensee to
such entry and inspection. Officers and employees of the Commission or
the Oklahoma Tax Commission shall be given free access to and shall
not be hindered or interfered with in their examination of the
location or place of business of any licensee, and in any case in
which such officer or employee is denied free access and entry or is
hindered or interfered with in making such examination, any license
held for such location or place of business shall be subject to
suspension or revocation.
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