Rule 257:1-1-11 - Miscellaneous civil penalty provisions(a) Civil penalties for violations of title. The Commission may recommend to the district court, and the district court, upon finding that a respondent has violated a provision of this title, may assess one of the following penalties: (1) Civil penalties for non-willful violations. A person who violates a provision of this title shall be liable for a civil penalty: (A) not to exceed one thousand dollars ($1,000) per violation for inadvertent disclosure violations in registrations, reports or statements filed under Chapters 10, 15, 20 and 23;(B) not to exceed two thousand dollars ($2,000) per violation, (i) for inadvertent failure to file registrations, reports, statements or changes in information relating to committee officer vacancies, or(ii) for inadvertent non-disclosure violations;(C) for inadvertent violations not included in Subparagraphs (A) or (B), not to exceed: (i) fifteen thousand dollars ($15,000) per violation, or(ii) an amount up to three (3) times the amount of the total amount of an unlawful contribution or expenditure, whichever is greater; and(2) Civil penalties for willful violations. A person who willfully violates a provision of this title shall be liable for one or more of the following civil penalties:(A) Fine. A fine not to exceed fifty thousand dollars ($50,000);(B) Administrative debarment. In the case of a state officer or state employee who has violated Chapter 20 of this title, the person may be prohibited, for not more than five (5) years, from making an oral or written communication or appearance before, with the intent to influence, the governmental entity in which the former officer or employee served;(C) Censure, suspension or removal from office. In the case of a:(i) state officer liable to impeachment, a recommendation to the House of Representatives that the officer be removed from office.(ii) state officer not subject to impeachment or a state employee in the classified or unclassified service, a recommendation to the appropriate appointing authority that the state officer or state employee be censured, suspended, or removed from office or employment.(iii) member of the state legislature, a recommendation to the presiding officer of the appropriate chamber of the legislature that the legislator be censured or subject to expulsion from office.(iv) judge not subject to impeachment, a recommendation to the Oklahoma Supreme Court that the judge be censured or removed from office.(3) Third and subsequent violations. A person who violates a provision of this title three or more times shall be liable for a fine not to exceed:(A) twenty-five thousand dollars ($25,000) per violation for inadvertent violations or fifty thousand dollars ($50,000) for willful violations, or(B) an amount up to three (3) times the amount of the total amount of an unlawful contribution or expenditure, whichever is greater.(4) For violations relating to or arising out of a candidacy. The Commission may recommend and the district court may, upon determination of a violation of a provision of Chapter 10 of this title, require the candidate, elective officer, or committee to: (A) forfeit a prohibited contribution or the excessive portion of a contribution to be deposited with the State Treasurer to the credit of the General Revenue Fund; or(B) return a prohibited contribution or the excessive portion of a contribution to the original contributor.(5) For violations of Chapter 20 or 23. The Commission may recommend and the district court may, upon determination of a violation of a provision of Chapter 20 or 23 of this title, subject the officer, employee, or lobbyist to the following: (A) forfeiture of gifts, receipts or profits obtained through a violation of Chapter 20 or 23 of this title;(B) voiding of a state action obtained through a violation of the Commission's rules;(C) civil penalties as set forth in this subsection; or(D) a combination of the penalties provided for in this paragraph.(b) Action by other governmental entities. Nothing in this section shall prevent a governmental entity from conducting its own investigation or taking its own disciplinary action as provided by law with respect to a violation committed by an officer or employee of such governmental entity.(c) Penalties to General Revenue Fund. A forfeiture, fine, reimbursement, penalty, or other property collected by the Commission as a penalty under this title shall be deposited with the State Treasurer to the credit of the General Revenue Fund. Tangible personal property other than money collected as a penalty or assessment under this title shall be deposited with and liquidated by the State Treasurer and the proceeds thereof deposited to the credit of the General Revenue Fund.(d) Liability. If two (2) or more persons are responsible for an inadvertent violation, they shall be equally liable for a proportionate share of the penalty. If two (2) or more persons are responsible for a willful violation, they shall be jointly and severally liable for said penalty.Okla. Stat. tit. 74E, § 257:1-1-11
Amended Laws 1995. Amended Laws 2010, c. 442, § 3, eff. 7/1/2010.