Okla. Admin. Code § 380:70-3-15

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

Section 380:70-3-15 - Penalties

(a) The Commissioner shall have subpoena powers and shall have the right to seek injunctive relief to prevent the operation of elevators and/or conveyances lacking a Certificate of Operation after November 1, 2006, or failing inspection.

(b) For any violation of the Elevator Safety Act, the Commissioner may assess an administrative fine of not more than One Thousand Dollars ($1000.00) per violation, per day, which fine may be assessed in addition to any other penalty provided pursuant to this Act.

(c) Payment for the fines set forth in subsection (c) of this section shall be due within thirty (30) days of issuance of a citation by the Commissioner or designee. Any person wishing to contest any of the aforementioned fines shall, within thirty (30) days of issuance of the fine or fines, petition the Commissioner or designee, in writing, for an administrative hearing. If requested, the hearing shall then be scheduled by the Commissioner or designee as provided in the Administrative Procedures Act.

(d) Any person failing to comply with a fine assessment or other administrative order of the Department within ninety (90) days of issuance of such assessment or order shall be subject to license suspension and/or revocation. The Department may not renew a license until all outstanding fine assessments have been paid unless timely appeal of the assessment(s) was made and the appeal is still pending.

(e) Funds collected as payment from a violator for administrative fines imposed for violation of the Elevator Safety Act shall not be retained by the Department of Labor, but shall be deposited to the Department of Labor Administrative Penalty Revolving Fund and transferred to the General Revenue Fund.

Okla. Admin. Code § 380:70-3-15

Added at 24 Ok Reg 29, eff 11-1-06 (emergency); Added at 24 Ok Reg 2231, eff 6-25-07

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/15/2017