Okla. Admin. Code § 595:35-1-8

Current through Vol. 42, No. 3, October 15, 2024

Section 595:35-1-8 - Administrative penalty and notice of claim

The Commissioner or the Commissioner's representative may assess an administrative penalty against a person or entity that the Commissioner or the representative has determined violated the Act. See 47 O.S. §§ 230.6 and 230.9.

(1) Where the Commissioner or the representative has determined that a minor violation or violations exist which may be readily corrected by the person involved, the Commissioner or the representative may informally notify such person by mail or telephone of the minor violation within a specified period of time. If the person does not correct the violation within the specified time, the Commissioner or the representative may then assess the administrative penalty with the procedure specified. However, whether the violation is one justifying an administrative penalty or a request for compliance is a decision purely within the discretion of the Commissioner or the representative.

(2) When the Commissioner or the representative has determined that a violation justifying the imposition of an administrative penalty has taken place, the Department shall send a Notice of Claim to the Respondent at the Respondent's last known address. The Notice of Claim shall contain:

(A) the amount of the administrative penalty that the Commissioner or the representative has assessed;

(B) a statement of the maximum civil penalty for which the Respondent may be liable, and

(C) a description of the manner in which the Respondent makes payment of the penalty to the Department.

(3) Pursuant to 47 O.S. § 2-116, the giving of notice by mail is complete upon the expiration of ten (10) days after deposit of said notice in the United States mail in an envelope with first class postage prepaid, addressed to such person at the address as shown by the records of the Department. The administrative penalty shall be due and owing within twenty-five (25) days of the date the Notice of Claim was mailed, which shall include the ten (10) days specified by 47 O.S. § 2-116. The payment deadline shall be stayed if the Respondent timely requests a hearing as provided in 595:35-1-9.

Okla. Admin. Code § 595:35-1-8

Amended at 16 Ok Reg 3171, eff 7-12-99; Amended at 19 Ok Reg 2715, eff 7-15-02; Amended at 30 Ok Reg 2036, eff 7-25-13

Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022