If the purchaser may enter at different levels, "payment" means the total sum the purchaser is obligated to pay to enter at the level chosen by the purchaser. Exemptions The following business opportunities are exempt from Sections through of this title: No costs shall be assessed for or against the Administrator in a proceeding under the Oklahoma Business Opportunity Sales Act brought by or against the Administrator in any court except as otherwise provided by law.
Violation of act--Cease and desist order--Injunction A. The offer is directed by the offeror to this state and received at the place to which it is directed or at any post office in this state in the case of a mailed offer.
May make such public or private investigations within or outside of this state as the Administrator deems necessary to determine whether any person has violated or is about to violate any provision of the Oklahoma Business Opportunity Sales Act or any rule or order hereunder, or to aid in the enforcement of the act or in the prescribing of rules and forms hereunder; 2.
HB relates to persons required to establish nursing peer review committees. The cost of preparing the record of the administrative hearing shall be borne by the appealing parties. Acceptance or refusal of service by mail by a person who is fifteen 15 years of age or older shall constitute acceptance or refusal by the party addressed.
The assurance may include a stipulation for any or all of the following: The voluntary payment by the person for the costs of investigation; 2. The names and residential addresses of those salespersons who will engage in the offer or sale of the business opportunity in this state; 2.
No person may be considered to have violated Section of this title by reason of any offer or sale effected after the entry of an order under Section of this title if he or she sustains the burden of proof that he or she did not know, and in the exercise of reasonable care could not have known, of the order.
Neither any such fact nor the fact that an exemption or exception is available for a business opportunity means that the Administrator has passed in any way upon the merits or qualifications of, or recommended or given approval to, any person or business opportunity.
Service on the Administrator may be made by leaving a copy of the process in the office of the Administrator, but is not effective unless: A list of the states in which the business opportunity is registered; That within fifteen 15 days after receipt by the Administrator of a written request the matter will be set for hearing to determine whether the summary order should be modified, vacated or extended pending final determination of any proceeding under subsection A of this section; and 4.
Conclusiveness of filed document Neither the fact that an application for registration has been filed nor the fact that a business opportunity is effectively registered constitutes a finding by the Administrator that any document filed pursuant to the Oklahoma Business Opportunity Sales Act is true, complete and not misleading.
Misleading advertising unlawful It is unlawful for any person, in connection with the offer or sale of any business opportunity in this state, to publish, circulate or use any advertising which contains an untrue statement of a material fact or omits to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading.
A copy of the most recent audited financial statements of the seller. HB prohibits the BON from charging a nurse for the administrative costs of conducting a hearing at the state office for administrative hearings.
The Administrator may by order waive or reduce the time period prior to effectiveness, provided that a complete filing has been made. A statement accurately describing the grounds upon which the purchaser may initiate legal action to terminate the business opportunity contract or agreement; The Administrator may disclose any information obtained in connection with an investigation pursuant to this title for the purpose of a civil or administrative action brought by the Administrator, or a criminal referral.
If a request for hearing on the summary order is timely made and if the hearing is not commenced by the Administrator within the time limit set forth above, the summary order shall dissolve and a cease and desist order shall not be issued pursuant to paragraph 1 of subsection A of this section except upon reasonable notice and opportunity for a hearing as provided in subsection B of this section.
An assurance of discontinuance shall be in writing and filed with the Administrator. The Oklahoma Securities Commission or a majority thereof shall make such order as is deemed proper, just and equitable within sixty 60 days of receipt by the Oklahoma Securities Commission of the written petition of the appealing party or at such later time as agreed to in writing by all parties.
Suspension or revocation of registration--Grounds--Procedure A. That the person subject to the summary order, if desiring a hearing, must make written request for a hearing to the Administrator within fifteen 15 days after service of the notice is effective; 3.
For the purpose of this section, an offer to sell is made in this state, whether or not either party is then present in this state, when: The name s of the person s identified in paragraph 6 of subsection B of this section, nature of and parties to the action or proceeding, court or other forum, date of the institution of the action, docket reference to the action, current status of the action or proceeding, terms and conditions or any order or decree, the penalties or damages assessed and terms of settlement; 8.ACT Practice Test Review Getting into the right college can determine a lot about your life and career.
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