Okla. Admin. Code § 165:5-27-10

Current through Vol. 41, No. 19, June 17, 2024

Section 165:5-27-10 - Enforcement actions

(a)Commencement. A cause filed under this Subchapter by the Pipeline Safety Department to enforce the Act as provided in 63 O.S. § 142.13 and for contempt for disobedience to or violation of an order or judgment of the Commission shall be commenced by the filing of a verified complaint.

(b)Complaint. The complaint shall state:

(1) The name of the person, firm, trust, corporation, or association against whom the complaint is made.

(2) Each law, order, rule, regulation of which violation is charged.

(3) A description of the acts or omissions constituting the violation of which complaint is made. If complaint is made of more than one violation, each violation shall be separately stated.

(c)Citation. When a complaint is filed, the Secretary shall issue in the name of the state a citation directed to the person against whom complaint is made, which citation shall be accompanied by a copy of the complaint. The citation shall state:

(1) The name of the Director of the Transportation Division and the date the complaint was filed.

(2) A brief description of the nature of the complaint.

(3) Reference to the accompanying copy of the complaint.

(4) The date upon which the complaint is set for hearing, which shall not be earlier than ten (10) days from the date the citation is served.

(5) A statement that, unless the person complained against shall on or before the date for hearing file a response to the complaint, the allegations and charges therein will be taken as confessed.

(d)Service of citation. Service of the citation may be made by a person directed to do so by order of the Commission. Such service shall be made in accordance with the rules of the Commission. Service shall be made by personal service or by mailing the citation by certified mail to the respondent's last known address.

(e)Return of service. The person making the service shall make his return thereof, and file the same with the Court Clerk. The return shall show the time when the citation was received by him, and the time and manner the same was served by him, and such return shall be verified by the person making the service. Service of the citation for contempt on the respondent by certified mail shall be considered effective if returned from the last known address as listed in Commission records for the following reasons, including, but not limited to:

(1) Signed for by any person at the address listed.

(2) Undeliverable - no forwarding address, forwarding address expired, unclaimed and/or refused.

(f)Default. If no response to the complaint is filed on or before the date set for hearing, or if a respondent fails to appear at the time set for hearing, as specified in the citation, the Commission may immediately proceed to hear the complaint. After hearing the evidence, the Commission shall impose such fine, cancellation, suspension, or other order or punishment as the facts and circumstances warrant, or dismiss the complaint.

(g)Response. A respondent who desires a hearing shall, on or before the time specified in the citation for hearing, file a response to the merits of the cause and shall appear at the time set for hearing. The response shall include all objections and defenses of any nature to the complaint and may include a motion to dismiss the complaint for reason of insufficiency thereof or lack of jurisdiction.

(h)Hearing procedures. At the hearing, the Commission shall first hear all objections and defenses other than to the merits of the complaint and shall enter an appropriate order thereon. Amendments may be permitted upon terms that are just, with or without grant of a continuance. After all preliminary questions are heard, the Commission shall hear the merits of the complaint, and at the conclusion thereof, shall impose such fine, suspension, cancellation, or other order or punishment as the facts and circumstances warrant, or dismiss the complaint.

(i)Hearing date. Every cause instituted hereunder shall be tried on its merits on the date specified in the citation, or at such other time to which such cause shall be continued for hearing by the Commission.

(j) Nothing in this Subchapter shall prevent the Commission's Pipeline Safety Department from attempting pre-con-tempt remediation of alleged violations through the Notice of Probable Violation procedure found in Subchapter 13 of OAC 165:20.

Okla. Admin. Code § 165:5-27-10

Adopted by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015