Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 1st Session of the 60th Legislature (2025)
2
3 SENATE BILL 398 By: Jech
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to the Uniform Controlled Dangerous
7 Substances Act; amending 63 O.S. 2021, Section 2-305,
8 as last amended by Section 5, Chapter 308, O.S.L.
8 2024 (63 O.S. Supp. 2024, Section 2-305), which
9 relates to violations and administrative proceedings;
9 clarifying certain order; modifying administrative
10 procedures for certain order to show cause; limiting
10 jurisdiction and venue for certain actions; providing
11 for quashing or modification of certain subpoenas;
11 updating statutory language; and providing an
12 effective date.
12
13
13
14
14
1 5 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15
16 SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-305, as
16
1 7 last amended by Section 5, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
17
1 8 2024, Section 2-305), is amended to read as follows:
18
19 Section 2-305. A. In addition to any other remedies provided
19
2 0 for by law, the Director shall issue a written order to show cause
20
2 1 to be served on the parties before annulling, conditioning,
21
2 2 suspending or revoking any registration that the Director has reason
22
2 3 to believe is operating inconsistent with any provision of Section
23
2 4 2-303 of this title, pursuant to Section 2-304 of this title or
24
Req. No. 822 Page 1
1 otherwise where there has been a violation of any federal law, any
1
2 rule or regulation of the Drug Enforcement Administration, any
2
3 provision of the Uniform Controlled Dangerous Substances Act, or any
3
4 rules or regulations of the Oklahoma State Bureau of Narcotics and
4
5 Dangerous Drugs Control.
5
6 B. The written order to show cause shall state with specificity
6
7 the nature of the violation or basis for the action. The Director
7
8 may impose any disciplinary action authorized by the Uniform
8
9 Controlled Dangerous Substances Act or rules of the Oklahoma State
9
1 0 Bureau of Narcotics and Dangerous Drugs Control including, but not
10
1 1 limited to, the assessment of monetary penalties.
11
12 C. Any written order issued pursuant to the provisions of this
12
1 3 section shall become a final order All alleged violations shall be
13
1 4 deemed admitted unless the registrant requests an administrative
14
1 5 hearing in accordance with the rules and regulations promulgated by
15
1 6 the Director within thirty (30) days of issuance of the order to
16
1 7 show cause. Upon such request, the Director shall promptly initiate
17
1 8 administrative proceedings and serve formal notice of the
18
1 9 proceedings show cause hearing pursuant to Section 309 of Title 75
19
2 0 of the Oklahoma Statutes. If a registrant fails to request a
20
2 1 hearing or fails to appear after requesting a hearing, the Director
21
2 2 shall issue a final order of the matter by default. Nothing in this
22
2 3 section shall be construed so as to require an individual proceeding
23
2 4 for the denial of a new application for registration.
24
Req. No. 822 Page 2
1 D. The Director may authorize the Deputy Director or the
1
2 General Counsel of the Oklahoma State Bureau of Narcotics and
2
3 Dangerous Drugs Control to initiate any individual proceedings under
3
4 this title. Nothing in this section shall be construed so as to
4
5 delegate the authority of the Director to issue a final agency order
5
6 of an individual proceeding adverse to a party. If a party fails to
6
7 request an administrative hearing in a timely manner, the written
7
8 order as issued shall be deemed adopted by the Director as the final
8
9 agency order concerning the matter without further action by the
9
1 0 Director.
10
11 E. All proceedings shall be conducted in accordance with the
11
1 2 Administrative Procedures Act and the rules and regulations of the
12
1 3 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
13
1 4 except where more specific provisions of the Uniform Controlled
14
1 5 Dangerous Substances Act apply, without regard to any criminal
15
1 6 prosecution or other proceeding. Jurisdiction and venue for any
16
1 7 action related to a registration or an individual proceeding,
17
1 8 including any appeal thereof, shall solely exist in the district
18
1 9 court of Oklahoma County.
19
20 1. Proceedings to refuse renewal, revoke, or suspend a
20
2 1 registration shall not abate the existing registration which shall
21
2 2 remain in effect pending the outcome of those administrative
22
2 3 proceedings; provided, the registrant submits timely and sufficient
23
2 4 renewal applications annually. This abatement shall not apply when
24
Req. No. 822 Page 3
1 the Director finds there is an imminent danger to the public health
1
2 or safety requiring an immediate suspension.
2
3 2. The Director may delegate to an administrative hearing
3
4 officer the authority to conduct hearings and recommend action for
4
5 final agency orders in accordance with the rules and regulations of
5
6 the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control.
6
7 3. Any requested subpoena or subpoena duces tecum may be
7
8 quashed or modified for grounds listed in Section 2004.1 of Title 12
8
9 of the Oklahoma Statutes or upon a finding from the Director or
9
1 0 hearing officer that the information or testimony being sought is
10
1 1 not both necessary and proper to adjudication of the issues
11
1 2 identified in the order to show cause. Any subpoena or subpoena
12
1 3 duces tecum may be quashed or modified over the objection of any
13
1 4 party pursuant to the requirements of this paragraph.
14
15 F. The Director may issue an order immediately suspending a
15
1 6 registration, without notice or a hearing, when he or she finds
16
1 7 there is imminent danger to the public health or safety which
17
1 8 warrants this such action. The suspension shall continue in effect
18
1 9 until the conclusion of any administrative proceedings, including
19
2 0 judicial review thereof, unless sooner withdrawn earlier by the
20
2 1 Director or dissolved by a court of competent jurisdiction. The
21
2 2 order shall state the existence of an emergency requiring action be
22
2 3 taken that the Director deems necessary to meet the emergency. Such
23
2 4 action may include, but is not limited to, ordering the registrant
24
Req. No. 822 Page 4
1 to immediately cease and desist operations. The order shall be
1
2 effective immediately upon issuance. Any person to whom the order
2
3 is directed shall comply immediately with the provisions of the
3
4 order. The Director may assess a penalty not to exceed Ten Thousand
4
5 Dollars ($10,000.00) per day of noncompliance with the order. In
5
6 assessing such a penalty, the Director shall consider the
6
7 seriousness of the violation and any efforts to comply with
7
8 applicable requirements.
8
9 G. In lieu of or in addition to any other remedies available to
9
1 0 the Director, if a finding is made that a registrant has committed
10
1 1 any act in violation of federal law relating to any controlled
11
1 2 substance, any provision of the Uniform Controlled Dangerous
12
1 3 Substances Act, or any rules of the Oklahoma State Bureau of
13
1 4 Narcotics and Dangerous Drugs Control, the Director is hereby
14
1 5 authorized to assess an administrative penalty not to exceed Five
15
1 6 Thousand Dollars ($5,000.00) per day for each such act. The
16
1 7 provisions of this subsection shall not apply to violations of
17
1 8 subsection G of Section 2-309D of this title. Nothing in this
18
1 9 section shall be construed so as to permit the Director of the
19
2 0 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control to
20
2 1 assess administrative fines for violations of the provisions of
21
2 2 subsection G of Section 2-309D of this title.
22
23 H. If a judge court of competent jurisdiction finds probable
23
2 4 cause that a registrant has possessed, transferred, sold, or offered
24
Req. No. 822 Page 5
1 for sale any controlled dangerous substance in violation of this act
1
2 this section and Sections 2-101, 2-110, 2-304, 2-322, 2-325, and 2-
2
3 406 of this title, all controlled dangerous substances in Schedule I
3
4 of Section 2-204 of this title and all controlled dangerous
4
5 substances in Schedules II, III, IV, and V that are not in properly
5
6 labeled containers in accordance with this act this section and
6
7 Sections 2-101, 2-110, 2-304, 2-322, 2-325, and 2-406 of this title
7
8 then in the possession of the registrant shall be deemed contraband
8
9 and shall be seized and summarily forfeited pursuant to Section 2-
9
1 0 505 of this title. Samples shall be retained of all controlled
10
1 1 dangerous substances seized in accordance with Section 2-508 of this
11
1 2 title as required. The Director is authorized to may assess an
12
1 3 eradication or destruction fine not to exceed Fifty Thousand Dollars
13
1 4 ($50,000.00) against the registrant.
14
15 I. Upon an annulment, revocation, or denial of a registration,
15
1 6 the Director may prohibit the registrant or applicant from
16
1 7 reapplying for registration for a period up to five (5) years
17
1 8 following the date of the final order. The length of any
18
1 9 prohibition shall not be used as grounds to contest the validity of
19
2 0 the annulment, revocation, or denial of a registration.
20
21 SECTION 2. This act shall become effective November 1, 2025.
21
22
22
23 60-1-822 TEK 1/14/2025 3:50:58 PM
23
24
24
Req. No. 822 Page 6Every fact on this page links to its source, starting with the official bill record.