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At any time during a formal investigation or at the conclusion of
a formal investigation, the Commission may:
(1) Terminate the investigation and take no further action;
(2) Authorize the Executive Director to cause the individual or
individuals or entity alleged to have violated these Rules to be
prosecuted in the District Court of the county where the violation of
these Rules is alleged to have occurred by filing a civil petition as
provided by the Constitution and laws of the State of Oklahoma; or
(3) Offer a settlement agreement as provided by Article XXIX,
Section 4 of the Constitution of the State of Oklahoma. Should a
settlement agreement not be consummated, the Commission may authorize
a prosecution to be commenced as provided in Subsection (2) of this
Rule.
If a prosecution or a settlement agreement is authorized prior to
conclusion of a formal investigation, the Commission may continue the
investigation. Termination of a formal investigation as provided in
Subsection (1) of this Rule shall not bar reopening the same
investigation based upon newly discovered evidence or other good
cause. In no event shall the Commission authorize the prosecution of
a civil lawsuit in the District Court until any person who is alleged
to have violated these Rules has had an opportunity to respond in
writing to allegations of any violation. Such person shall be given
notice of the allegations in writing and shall have twenty (20) days
in which to file a written response. Upon application, such person
shall be granted no more than one extension of twenty (20) additional
days in which to file a response. Any additional response shall be
granted at the exclusive discretion of the Commission. Failure to
respond shall be deemed an admission of the allegations. Such person
and/or an attorney representing such person also shall be granted an
opportunity to personally appear before the Commission to make an
oral response, provided such response is within the time frame
provided for a written response.