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§47-585.
§47-585.
A. The Commission may deny any application for license, or suspend or
revoke a license issued, or impose a fine, only after a hearing of
which the applicant, or licensee affected, shall be given at least ten
(10) days' written notice specifying the reason for denying the
applicant a license, or, in the case of a fine, revocation or
suspension, the offenses of which the licensee is charged. Notices may
be served as provided by law for the service of notices, or mailing a
copy by mail with return receipt requested to the last-known residence
or business address of such applicant or licensee. A copy of notice
shall be mailed by mail with return receipt requested to the surety on
the licensee's or applicant's bond at the address of the surety given
in the bond. The hearing on charges shall be at such time and place as
the Commission may prescribe and the notice shall further specify the
time and place. If the applicant or licensee is a used motor vehicle
salesman, the Commission shall in like manner also notify the person,
firm, association, corporation or trust with whom associated, or in
whose association the applicant or licensee is about to enter. The
Commission shall have the power to compel the production of records
and papers bearing upon the complaints. The Commission shall have the
power to subpoena and bring before it any person in this state, or
take testimony of any such person by deposition, with the same fees
and mileage and in the same manner as prescribed by law in judicial
procedure before courts of the state in civil cases. Any party to the
hearing shall have the right to the attendance of witnesses in his
behalf upon designating to the Commission the person or persons sought
to be subpoenaed. If the Commission shall determine that any applicant
is not qualified to receive a license, a license shall not be granted
to the applicant, and if the Commission shall determine that any
licensee is guilty of violation of any of the provisions of this act,
the license of the licensee shall be suspended or revoked.
B. The Commission may assess a fine not to exceed One Hundred Dollars
($100.00) against a used motor vehicle dealer who:
1. Willfully fails to deliver certificates of title to purchasers of
used motor vehicles within thirty (30) days of the sale of the
vehicles;
2. Fails to properly reassign the certificate of title to a used motor
vehicle as required by law upon the sale or transfer of ownership of
the used motor vehicle;
3. Willfully sells a used motor vehicle for immediate use on the
public streets, roads and highways which will not pass safety
inspection standards or which does not have a valid safety inspection
sticker at the time of sale, except for sales from dealer to dealer;
or
4. Delivers a used motor vehicle to a potential purchaser with the
intent to sell the vehicle, but does not complete the transaction
within fifteen (15) calendar days of the delivery of the used motor
vehicle.
C. The decision of the Commission granting or refusing to grant an
application for a license or to suspend or revoke a license or to
impose a fine shall not become final for a period of thirty (30) days
from the date thereof, during which time said applicant or licensee
may appeal from the decision of the Commission to the district court
of Oklahoma County by filing a petition in the court, setting forth
the facts relied upon and praying for a review of the decision, and
mailing with return receipt requested, a copy of the petition to the
Executive Director of the Commission, or causing service of summons
directed to the Executive Director of the Commission to be issued, the
petition to be mailed or the summons to be issued within thirty (30)
days from the date of the decision of the Commission from which appeal
is taken. On appeal, the issues shall be tried de novo, and the court
shall enter an order with respect thereto as it shall deem just and
equitable. Nothing herein shall be construed to limit the authority of
the court to grant relief as the circumstances may require. If the
issues involved were first presented to the Commission by a complaint
filed with the Commission, the complainant may appeal from the
decision of the Commission in the same manner as hereinabove
prescribed.
D. Any applicant or licensee who knowingly or willfully makes or
causes to be made any false statement of a fact required under the
provisions of Section 581 et seq. of this title shall be subject to an
administrative fine not to exceed One Thousand Dollars ($1,000.00).
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