Okla. Admin. Code § 35:1-10-3

Current through Vol. 42, No. 4, November 1, 2024

Section 35:1-10-3 - Administrative compliance orders

(a) The Commissioner, upon the request of a Division, may issue an administrative order requiring compliance, assessing penalties for past violations and specifying penalties for continuing noncompliance.

(b) An administrative compliance order shall specify the findings of fact and conclusions of law upon which it is based and shall set a time for the Respondent to comply. The Order shall specify the penalty, not to exceed the statutory maximum per day of noncompliance, to be assessed in the event that the Respondent fails to comply with the Order within the prescribed time, and, if applicable, the penalty assessed for past violations of the Code, rules, or licenses or permits. The Order shall advise the Respondent that it shall become final unless an administrative hearing is requested in writing within fifteen (15) working days of service of the Order.

(c) Based on the hearing and record, a proposed order will be sustained, modified, or dismissed by the State Board of Agriculture. If the hearing process extends beyond any compliance deadline specified in the Order, fines specified in the Order for violations of the Order will continue to accrue during the hearing process unless the Administrative Law Judge stays the penalty upon request for good cause shown.

Okla. Admin. Code § 35:1-10-3

Added at 27 Ok Reg 2407, eff 7-25-10