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SENATE FLOOR VERSION
February 11, 2025
AS AMENDED
SENATE BILL NO. 398 By: Jech
An Act relating to the Uniform Controlled Dangerous
Substances Act; amending 63 O.S. 2021, Section 2 -305,
as last amended by Section 5, Chapter 308, O.S.L.
2024 (63 O.S. Supp. 2024, Section 2-305), which
relates to violations and administrative proceedings;
clarifying certain order; modifying administrative
procedures for certain order to show cause; limiting
jurisdiction and venue for certain actions; providing
for quashing or modification of certain subpoenas;
updating statutory language; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 2 -305, as
last amended by Section 5, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
2024, Section 2-305), is amended to read as follows:
Section 2-305. A. In addition to any other remedies provided
for by law, the Director shall issue a written order to show cause
to be served on the parties be fore annulling, conditioning,
suspending or revoking any registration that the Director has re ason
to believe is operating inconsistent with any provision of Section
2-303 of this title, pursuant to Section 2 -304 of this title or
otherwise where there has been a violation of any federal law, any
rule or regulation of the Drug Enforcement Administration, any
provision of the Uniform Controlled Dangerous Substances Act, or any
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rules or regulations of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control.
B. The written order to show cause shall state with specificity
the nature of the vi olation or basis for the action. The Director
may impose any disciplinary action authorized by the Uniform
Controlled Dangerous Substances Act or rules of the Ok lahoma State
Bureau of Narcotics and Dangerous Drugs Control including, but not
limited to, the assessment of monetary penalties.
C. Any written order issued pursuant to the provisions of this
section shall become a final order All alleged violations shal l be
deemed admitted unless the registrant requests an administrative
hearing in accordance wi th the rules and regulations promulgated by
the Director within thirty (30) days of issuance of the order to
show cause. Upon such request, the Director shall pr omptly initiate
administrative proceedings and serve formal notice of the
proceedings show cause hearing pursuant to Section 309 of Title 75
of the Oklahoma Statutes. If a registrant fails to request a
hearing or fails to appear after requesting a hearing , the Director
shall issue a final order of the matter by default. Nothing in this
section shall be construed so as to require an individual proceeding
for the denial of a new application for registration.
D. The Director may authorize the Deputy Directo r or the
General Counsel of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control to initiate any individual proceedings under
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this title. Nothing in this section shall be construed so as to
delegate the authority of the Director to issue a f inal agency order
of an individual proceeding adverse to a party. If a party fails to
request an administrative hearing in a timely manner, the written
order as issued shall be deemed adopted by the Director as the final
agency order concerning the matter without further action by the
Director.
E. All proceedings shall be conducted in accordance with the
Administrative Procedures Act and the rules and regulations of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control ,
except where more spec ific provisions of the Uniform Controlled
Dangerous Substances Act apply, without regard to an y criminal
prosecution or other proceeding. Jurisdiction and venue for any
action related to a registration or an individual proceeding,
including any appeal the reof, shall solely exist in the district
court of Oklahoma County.
1. Proceedings to refuse renewal, revoke, or suspend a
registration shall not abate the existing registration which shall
remain in effect pending the outcome of those administrative
proceedings; provided, the registrant submits timely and sufficient
renewal applications annually. This abatement shall not apply when
the Director finds there is an imminent danger to the public health
or safety requiring an immediate suspension.
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2. The Director may delegate to an administrative hearing
officer the authority to conduct hearings and recommend action for
final agency orders in accordance with the rules and regulations of
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
3. Any requested subpoena or subpoena duces tecum may be
quashed or modified for grounds listed in Section 2004.1 of Title 12
of the Oklahoma Statutes or upon a finding from the Director or
hearing officer that the information or testimony being sought is
not both necessary and proper to adjudication of the issues
identified in the order to show cause. Any subpoena or subpoena
duces tecum may be quashed or modified over the objection of any
party pursuant to the requirements of this paragraph.
F. The Director may issue an order immediately suspending a
registration, without notice or a hearing, when he or she finds
there is imminent danger to the public health or safety which
warrants this such action. The suspension shall continue in effect
until the conclusion of any administrative proceedings, including
judicial review thereof, unless sooner withdrawn earlier by the
Director or dissolved by a court of competent jurisdiction. The
order shall state the existence of an emergency requiring action be
taken that the Director deems necessary to meet the emergency. Such
action may include, but is not limit ed to, ordering the registrant
to immediately cease and desist operations. The order shall be
effective immediately upon issuance. Any person to whom the order
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is directed shall comply immediately with the provisions of the
order. The Director may assess a penalty not to exceed Ten Thousand
Dollars ($10,000.00) per day of noncompliance with the order. In
assessing such a penalty, the Director shall consider the
seriousness of the violation and any efforts to comply with
applicable requirements.
G. In lieu of or in addition to any other remedies available to
the Director, if a finding is made that a registrant has committed
any act in violation of federal law re lating to any controlled
substance, any provision of the Uniform Controlled Dangerous
Substances Act, or any rules of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Director is hereby
authorized to assess an administrative penalty not to exceed Five
Thousand Dollars ($5,000.00) per day for each such act. The
provisions of this subsection shall not apply to violations of
subsection G of Section 2 -309D of this title. Nothing in this
section shall be construed so as to permit the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to
assess administrative fines for violations of the provisions of
subsection G of Section 2 -309D of this title.
H. If a judge court of competent jurisdiction finds probable
cause that a registrant has possessed, transferred, sold, or offered
for sale any controlled danger ous substance in violation of this act
the Uniform Controlled Dangerous Substances Act , all controlled
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dangerous substances in Schedule I of Section 2 -204 of this title
and all controlled dangerous substances in Schedules II, III, IV,
and V that are not in properly labeled containers in accordance with
this act then the Uniform Controlled Dangerous Substances Act in the
possession of the registrant shall be deemed contraband and shall be
seized and summarily forfeited pursuant to Section 2 -505 of this
title. Samples shall be retained of all controlled dangerous
substances seized in accordance with Section 2 -508 of this title as
required. The Director is authorized to may assess an eradication
or destruction fine not to exceed Fifty Thousand Dollars
($50,000.00) against the registrant.
I. Upon an annulment, revocation, or denial of a registration ,
the Director may prohibit the registrant or applicant from
reapplying for registration for a period up to five (5) years
following the date of the final order. T he length of any
prohibition shall not be used as grounds to contest the validity of
the annulment, revocation, or denial of a registration.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON JUDICIARY
February 11, 2025 - DO PASS AS AMENDED