Okla. Admin. Code § 35:30-45-13

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

Section 35:30-45-13 - Sanctions for misconduct

(a) If the Department determines that a scrap metal dealer has violated the Oklahoma Scrap Metal Dealers Act, Department rules, or other applicable legal authorities, the Department may

(1) Refer the matter to the appropriate law enforcement authority for criminal prosecution;

(2) Deny, suspend, cancel, revoke, or refuse reissuance of a license or licenses held by the scrap metal dealer after an administrative hearing conducted in a manner consistent with OAC 35:1-9-1 et seq. ;

(3) Tag any weight or measure device utilized by the scrap metal dealer as "Not For Commercial Use" after an administrative hearing conducted in a manner consistent with OAC 35:1-9-1 et seq.;

(4) Assess an administrative penalty or fine of not less than One Hundred dollars ($100) and not more than Ten Thousand dollars ($10,000) against the scrap metal dealer after an administrative hearing conducted in a manner consistent with OAC 35:1-9-1 et seq.;

(5) Apply to a district court of competent jurisdiction and obtain a temporary or permanent injunction prohibiting the continued commercial operation of the scrap metal dealer; and

(6) Apply to a district court of competent jurisdiction and obtain any civil penalties allowed by law, including interest, attorney fees, and costs of collection.

(b) Each action of misconduct or each day a violation continues may constitute a separate and distinct violation.

Okla. Admin. Code § 35:30-45-13

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015