A. Whenever the Oklahoma Department of Agriculture, Food, and Forestry determines there are reasonable grounds to believe that there has been a violation of any of the provisions of the Oklahoma Apiary Act, any rule, or any order of the State Board of Agriculture, the alleged violator shall be given the opportunity for a fair hearing in accordance with the provisions of Article II of the Administrative Procedures Act.

B. 1. Whenever the Board finds that an emergency exists requiring immediate action to protect the public health or welfare or to protect bees from any bee disease or pest, it may without notice or hearing issue an order reciting the existence of an emergency and requiring that immediate action be taken to meet the emergency.

2. The order shall be effective upon issuance, but any person to whom an order is directed shall comply immediately but may request within fifteen (15) days after the order is served an administrative enforcement hearing.

3. The hearing shall be held by the Department within ten (10) days after receipt of the request.

4. On the basis of the hearing record, the Board shall affirm, revoke, or modify the order.

5. Any person aggrieved by the final order may appeal to the district court of the area affected within thirty (30) days.

6. The appeal when docketed shall have priority over all cases pending on the docket, except criminal.

Historical Data

Added by Laws 1988, HB 1830, c. 259, § 12, emerg. eff. July 1, 1988; Amended by Laws 2000, SB 1424, c. 367, § 27, emerg. eff. June 6, 2000 (superseded document available); Amended by Laws 2005, HB 1809, c. 135, § 10, eff. November 1, 2005 (superseded document).