Oklahoma § 40-165.7 - Enforcement and administration - Administrative

§ 40-165.7. Enforcement and administration - Administrative

proceedings - Orders - Appeals - Actions.

Oklahoma Statutes - Title 40. Labor

A. The Commissioner of Labor shall enforce and administer the

provisions of this act and in any case where a civil action may be

brought for the collection of a wage claim, the Commissioner of

Labor may provide for an administrative proceeding to determine the

validity and enforce collection of the claim. The administrative

proceeding shall be conducted according to the Administrative

Procedures Act.

B. In any case when the Commissioner has received a wage

complaint, the Commissioner may seek collection of such claim

through administrative proceedings in a manner provided in this

section. The Commissioner may join in a single administrative

proceeding any number of wage claims against the same employer. The

Commissioner shall serve upon the employer an order of determination

directing the employer to pay to the Commissioner the amount of the

wage claim and any penalty amounts. Service shall be made by

regular mail to the employer's last-known address. The order of

determination shall include:

1. A reference to the particular sections of the statutes or

rules involved;

2. A short and concise statement of the basis for the amounts

determined to be owed to each wage claimant;

3. A statement that the employer within twenty (20) days after

receipt of the order of determination must pay in full the wage

claim and any penalties assessed on appeal to district court; and

4. A statement that unless a written request for

reconsideration is received by the Commissioner or the order is

appealed to district court within the time specified, the order of

determination shall become final.

C. Upon failure of the employer to pay the amount specified in

the order of determination or to request reconsideration or appeal

to district court, the order of determination shall become final.

D. A hearing shall be held in accordance with the applicable

provisions of the Administrative Procedures Act by the Commissioner

or the Commissioner's designee. The Commissioner shall adopt rules

for such hearing. In any hearing before the Commissioner's

designee, the designee is authorized to issue the final order in the

case.

E. Final administrative orders issued in a wage claim

proceeding are subject to appeal pursuant to the Administrative

Procedures Act.

F. When an order under this section becomes final by operation

of law or an appeal, and the amount due is not paid within twenty

(20) days after the order becomes final, the order may be recorded

with the county clerk in any county of this state. The clerk shall

thereupon record the name of the person incurring the penalty and

the amount of the penalty in the county clerk's lien record. The

order may be collected as any other money judgment.

Oklahoma Statutes - Title 40. Labor

G. The remedies provided by Sections 165.1 through 165.11 of

this title shall be additional to and not in substitution for and in

no manner impair other remedies. Additionally, one or more

individuals who are aggrieved by violation of any provision of

Sections 165.1 through 165.11 of this title shall be entitled to

bring an action in his or their own name to enforce the provisions

of such sections.

Laws 1955, p. 242, § 7, emerg. eff. June 6, 1955; Laws 1993, c. 263,

§ 3, emerg. eff. May 27, 1993.