Oklahoma § 4-30.13 - Prohibited conduct - Penalties

§ 4-30.13. Prohibited conduct - Penalties

A. After notice and opportunity for a hearing in accordance

with the Administrative Procedures Act, if the State Board of

Agriculture finds any person in violation of the Commercial Pet

Breeders and Animal Shelter Licensing Act or any rule promulgated or

order issued pursuant thereto, the Board shall have the authority to

assess an administrative penalty of not less than One Hundred

Dollars ($100.00) and not more than Ten Thousand Dollars

($10,000.00) for each violation. Each animal, each action, or each

day a violation continues may constitute a separate and distinct

violation. During each license year of the facility, a facility

shall not be subject to more than Ten Thousand Dollars ($10,000.00)

in administrative penalties assessed pursuant to this subsection.

B. A person commits an offense if the person violates the

Commercial Pet Breeders and Animal Shelter Licensing Act or any rule

adopted under the Commercial Pet Breeders and Animal Shelter

Licensing Act. Each animal to which a violation applies and each

day that violation continues constitutes a separate offense. An

offense under this subsection is a misdemeanor punishable as

provided in subsection F of this section.

Oklahoma Statutes - Title 4. Animals

C. A person commits an offense if the person knowingly

falsifies information in a license application, annual report, or

record required under the Commercial Pet Breeders and Animal Shelter

Licensing Act. An offense under this subsection is a misdemeanor

punishable as provided in subsection F of this section.

D. An unlicensed commercial pet breeder commits an offense if

the breeder advertises animals for sale. An offense under this

subsection is a misdemeanor punishable as provided in subsection F

of this section.

E. An animal shelter or commercial pet breeder commits an

offense if the animal shelter or commercial breeder interferes with,

hinders, or thwarts any inspection or investigation under the

Commercial Pet Breeders and Animal Shelter Licensing Act or refuses

to allow an inspector full access to all areas of the facility where

animals are kept or cared for and all records required to be kept

under the Commercial Pet Breeders and Animal Shelter Licensing Act

or any rule adopted under the Commercial Pet Breeders and Animal

Shelter Licensing Act. An offense under this subsection is a

misdemeanor punishable as provided in subsection F of this section.

F. 1. Any violation of subsection B, C or D of this section

shall be punishable by a fine not to exceed Five Hundred Dollars

($500.00).

2. Any violation of subsection E of this section shall be

punishable by a fine not to exceed One Thousand Dollars ($1,000.00).

G. In addition to penalties and fines, the Board shall have

authority to obtain injunctions against anyone who violates the

Commercial Pet Breeders and Animal Shelter Licensing Act, and shall

have authority to obtain or impose civil monetary penalties on

anyone who violates the Commercial Pet Breeders and Animal Shelter

Licensing Act, and upon obtaining a court order, shall have

authority to seize and impound animals in the possession, custody,

or care of that person if there is reason to believe that the

health, safety, or welfare of the animals is endangered, or the

animals are in imminent danger. The reasonable costs of

transportation, care, and feeding of seized and impounded animals

shall be paid by the person from whom the dogs or cats were seized

and impounded.

H. Nothing in the Commercial Pet Breeders and Animal Shelter

Licensing Act shall preclude the Board from seeking penalties in

district court in the maximum amount allowed by law. The assessment

of penalties in an administrative enforcement proceeding shall not

prevent the subsequent assessment by a court of the maximum civil or

criminal penalties for violations of the Commercial Pet Breeders and

Animal Shelter Licensing Act and rules promulgated pursuant thereto.

I. Any person assessed an administrative or civil penalty may

be required to pay, in addition to the penalty amount and interest

Oklahoma Statutes - Title 4. Animals

thereon, attorney fees and costs associated with the collection of

the penalties.

J. If any person refuses, denies or interferes with any right

of access, the Board shall have the right to apply to and obtain

from a district court an administrative or other warrant as

necessary to enforce the right of access and inspection.

Added by Laws 2012, c. 302, § 13, eff. July 1, 2012. Amended by

Laws 2013, c. 289, § 12.