A. The Oklahoma Board of Licensed Alcohol and Drug Counselors may deny, revoke, suspend, place on probation or otherwise sanction the holder of or candidate for any certificate or license issued pursuant to the provisions of the Licensed Alcohol and Drug Counselors Act to a certified or licensed alcohol and drug counselor, or withdraw its acceptance of a licensed or certified alcohol and drug counselor candidate if the person has:

1. Been convicted of or pleaded guilty or nolo contendere to a felony;

2. Been convicted of or pleaded guilty or nolo contendere to a misdemeanor determined to be of such a nature as to render the person convicted unfit to practice alcohol and drug counseling;

3. Been found by the Board to have a substance abuse or co-occurring disorder and not be in recovery or to have relapsed from recovery;

4. Engaged in fraud or deceit in connection with services rendered or in establishing needed qualifications pursuant to the provisions of the Licensed Alcohol and Drug counselors Act;

5. Knowingly aided or abetted a person not certified or licensed pursuant to these provisions in representing himself or herself as a certified or licensed alcohol and drug counselor in this state;

6. Engaged in unprofessional conduct as defined by rules promulgated by the Board;

7. Engaged in negligence or wrongful actions in the performance of his or her duties; or

8. Misrepresented any information required in obtaining a certificate or license.

B. No certificate or license shall be suspended or revoked, nor shall a certified or licensed alcohol and drug counselor be placed on probation or subjected to an administrative penalty until notice is served upon the certified or licensed alcohol and drug counselor and an opportunity for a hearing is provided in conformity with Article II of the Administrative Procedures Act.

C. In addition to the notice provided for in subsection B of this section, notice shall also be served on the licensing board for any other license held by the certified or licensed alcohol and drug counselor.

D. 1. Any person who is determined by the Board to have violated any provision of the Licensed Alcohol and Drug Counselors Act, or any rule promulgated or order issued pursuant thereto, may be subject to an administrative penalty.

2. The maximum administrative penalty shall not exceed Ten Thousand Dollars ($10,000.00).

3. Administrative penalties imposed pursuant to this subsection shall be enforceable in the district courts of this state.

4. All administrative penalties collected shall be deposited into the Licensed Alcohol and Drug Counselors Revolving Fund, created by Section 1883 of this title.

E. The hearings provided for by the Licensed Alcohol and Drug Counselors Act shall be conducted in conformity with, and records made thereof as provided by Article II of the Administrative Procedures Act.

Added by Laws 2004, c. 313, § 12, emerg. eff. May 19, 2004. Amended by Laws 2008, c. 400, § 4, eff. Nov. 1, 2008.