Oklahoma § 63-123.5 - Violations - Penalties

§ 63-123.5. Violations - Penalties

A. In the enforcement of the Oklahoma Explosives and Blasting

Regulation Act pursuant to this division, any person who violates

any permit condition or who violates any other provision of the

Oklahoma Explosives and Blasting Regulation Act or rules promulgated

thereto pursuant to this division may be assessed an administrative

penalty by the Department. Such penalty shall not exceed Five

Thousand Dollars ($5,000.00) for each violation. Each day of

continuing violation may be deemed a separate violation for purposes

of penalty assessments. In determining the amount of the penalty,

consideration shall be given to the person's history of previous

violations regarding explosives and blasting operation; the

seriousness of the violation, including any irreparable harm to the

environment and any hazard to the health or safety of the public;

whether the person was negligent; and the demonstrated good faith of

the person charged in attempting to achieve rapid compliance after

notification of the violation.

B. An administrative penalty shall be assessed by the

Department only after the person charged with a violation described

under subsection A of this section has been given an opportunity for

a hearing pursuant to Article II of the Administrative Procedures

Act. Where such a hearing has been held, the Department shall make

findings of fact, and shall issue a written decision as to the

occurrence of the violation and the amount of the penalty which is

warranted, incorporating, when appropriate, an order therein

requiring that the penalty be paid. When appropriate, the

Department shall consolidate such hearings with other proceedings

Oklahoma Statutes - Title 63. Public Health and Safety

under the Oklahoma Explosives and Blasting Regulation Act. Any

hearing under this section shall be of record. Where the person

charged with such a violation fails to avail himself of the

opportunity for a hearing, an administrative penalty shall be

assessed by the Department after determining that a violation did

occur, and the amount of the penalty which is warranted, and issuing

an order requiring that the penalty be paid.

C. Upon the issuance of a notice or order charging that a

violation of the Oklahoma Explosives and Blasting Regulation Act has

occurred, the Department shall inform the operator within thirty

(30) days of the proposed amount of said penalty. The person

charged with the penalty shall then have thirty (30) days to pay the

proposed penalty in full or, if the person wishes to contest either

the amount of the penalty or the fact of the violation, forward the

proposed amount to the Department for placement in an escrow

account. If through administrative or judicial review of the

proposed penalty, it is determined that no violation occurred, or

that the amount of the penalty should be reduced, the Department

shall within thirty (30) days remit the appropriate amount to the

person.

D. Administrative penalties owed under the Oklahoma Explosives

and Blasting Regulation Act may be recovered in a civil action

brought by the Attorney General or any district attorney in the

district in which the violation occurred at the request of the

Department in the appropriate district court. Such action, also,

may be brought by the Department.

E. Any person who willfully and knowingly violates a condition

of a permit issued pursuant to this division or fails or refuses to

comply with any order issued under this division, or any order

incorporated in a final decision issued by the Department under this

division, shall, upon conviction, be punished by a fine of not more

than Ten Thousand Dollars ($10,000.00) or by imprisonment for not

more than one (1) year, or both.

F. Whenever a corporate permittee violates a condition of a

permit issued pursuant to this division or fails or refuses to

comply with any order issued under this division, or any order

incorporated in a final decision issued by the Executive Director of

the Department of Mines under this division, any director, officer

or agent of such corporation who willfully and knowingly authorized,

ordered or carried out such violation, failure or refusal shall be

subject to the same administrative penalties, fines and imprisonment

that may be imposed upon a person under subsections A and E of this

section.

G. Whoever knowingly makes any false statement, representation

or certification, or knowingly fails to make any statement,

representation or certification in any application, record, report,

plan or other document filed or required to be maintained pursuant

Oklahoma Statutes - Title 63. Public Health and Safety

to this division or any order of decision issued by the Department

under this division, shall, upon conviction, be punished by a fine

of not more than Ten Thousand Dollars ($10,000.00) or by

imprisonment for not more than one (1) year, or both.

H. Any person who fails to correct a violation for which a

citation has been issued within the period permitted for its

correction shall be assessed an administrative penalty of not less

than Seven Hundred Fifty Dollars ($750.00) for each day during which

such failure or violation continues.

The period permitted for corrections of violations shall not end

until:

1. The entry of a final order by the Department after an

expedited hearing which ordered the suspension of the abatement

requirements of the citation because it was determined that the

person will suffer irreparable loss or damage from the application

of the abatement requirements; or

2. The entry of an order by a court in any review proceedings

initiated by the person in which the court orders the suspension of

the abatement requirements.

I. Any person who shall, except as permitted by law, willfully

resist, prevent, impede or interfere with the Department or any of

the agents or employees thereof in the performance of duties

pursuant to this division shall, upon conviction, be punished by a

fine of not more than Five Thousand Dollars ($5,000.00), or by

imprisonment for not more than one (1) year, or both.

Added by Laws 1995, c. 344, § 8, eff. Nov. 1, 1995.