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§47-170.1.
§47-170.1.
A. Upon any complaint in writing under oath being made by any person,
or by the Commission of its own motion, setting forth any act or thing
done or omitted to be done by any person in violation, or claimed
violation, of any provision of law, or of any order or rule of the
Commission, the Commission shall enter same upon its docket and shall
immediately serve a copy thereof upon each defendant together with a
notice directed to each defendant requiring that the matter complained
of be answered, in writing, within ten (10) days of the date of
service of such notice, provided that the Commission may, in its
discretion, require particular cases to be answered within a shorter
time, and the Commission may, for good cause shown, extend the time in
which an answer may be filed.
Upon the filing of the answer herein provided for, the Commission
shall set a time and place for the hearing, and notice of the time and
place of the hearing shall be served not less than ten (10) days
before the time set therefor, unless the Commission shall find that
public necessity requires the hearing at an earlier date.
B. The Commission may, in all matters within its jurisdiction, issue
subpoenas, subpoenas duces tecum, and all necessary process in
proceedings pending before the Commission; may administer oaths,
examine witnesses, compel the production of records, books, papers,
files, documents, contracts, correspondence, agreements, or accounts
necessary for any investigation being conducted, and certify official
acts.
C. In case of failure on the part of any person to comply with any
lawful order of the Commission, or of any Commissioner, or with any
subpoena or subpoena duces tecum, or to testify concerning any matter
on which he may be lawfully interrogated, the Commission may compel
obedience by proceedings for contempt as in the case of disobedience
of the requirements of a subpoena, or of the refusal to testify.
D. Witnesses who are summoned before the Commission shall be paid the
same fees and mileage as are paid to witnesses in courts of record.
Any party to a proceeding at whose instance a subpoena is issued and
served shall pay the costs incident thereto and the fees for mileage
of all his witnesses.
E. In event any process shall be directed to any nonresident who is
authorized to do business in this state, the process may be served
upon the agent designated by the nonresident for the service of
process, and service upon the agent shall be as sufficient and as
effective as if served upon the nonresident.
F. All process issued by the Commission shall extend to all parts of
the state and any such process, together with the service of all
notices issued by the Commission, as well as copies of complaints,
rules, orders and regulations of the Commission, may be served by any
person authorized to serve process issued out of courts of record, or
by certified mail.
G. After the conclusion of any hearing, the Commission shall, within
sixty (60) days, make and file its findings and order, with its
opinion. Its findings shall be in sufficient detail to enable any
court in which any action of the Commission is involved to determine
the controverted questions presented by the proceeding. A copy of such
order, certified under the seal of the Commission, shall be served
upon the person against whom it runs, or the attorney of the person,
and notice thereof shall be given to the other parties to the
proceedings or their attorneys. The order shall take effect and become
operative within fifteen (15) days after the service thereof, unless
otherwise provided. If an order cannot, in the judgment of the
Commission, be complied with within fifteen (15) days, the Commission
may grant and prescribe such additional time as in its judgment is
reasonably necessary to comply with the order, and may, on application
and for good cause shown, extend the time for compliance fixed in the
order.
H. In the event the Commission finds that the defendant is guilty upon
any complaint filed and proceeding had and that the provisions of law,
or the rules, regulations or orders of this Commission have been
willfully and knowingly violated and the violator holds a permit or
certificate or license issued by the Commission authorizing it to
engage in the transportation of persons or property for hire, then
such permit or certificate or license may also be revoked by the
Commission.
I. Where a complaint is instituted by any person other than the
Commission of its own motion and in the event the Commission should
find that the complaint was not in good faith, the complaining party
shall be required to pay the defendant's attorney's fee, the fee to be
prescribed by the Commission in accordance with applicable Oklahoma
Bar Association standards.
J. Any person aggrieved by any findings and order of the Commission
may appeal to the Supreme Court in the way and manner now or hereafter
provided for appeals from the district court to the Supreme Court.
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