Oklahoma § 17-310 - Inspections and investigations - Violations - Notice Failure to take corrective action - Hearings - Orders

§ 17-310. Inspections and investigations - Violations - Notice Failure to take corrective action - Hearings - Orders

A. If upon inspection or investigation, or whenever the

Corporation Commission determines that there are reasonable grounds

to believe that a storage tank system owner, operator or responsible

person is in violation of the Oklahoma Petroleum Storage Tank

Consolidation Act or of any rule promulgated pursuant thereto or of

any order of the Commission, the Commission shall give written

notice or issue a Notice of Violation to the alleged violator

specifying the cause of complaint. Such notice shall require that

action or corrective action be immediately initiated. The notice

shall be delivered to the alleged violator in accordance with the

provisions of subsection C of this section.

B. 1. If action or corrective action is not taken in response

to the notice issued pursuant to subsection A of this section, the

Commission shall initiate proceedings and hold a hearing to

determine if:

a.

the alleged violator should be found in contempt or in

violation of Commission rules, requirements, enabling

statutes, and/or Commission orders,

b.

any permit or license issued to the alleged violator

should be suspended, revoked or not reissued, or

c.

whether any other appropriate relief should be

granted.

Oklahoma Statutes - Title 17. Corporation Commission

2. Notice of the hearing shall be delivered to the alleged

violator at least twenty (20) days prior to the time set for

hearing. The notice shall be delivered to the alleged violator in

accordance with the provisions of subsection C of this section.

3. After hearing, the Commission shall make findings of fact

and conclusions of law, and enter its order reflecting its decision

in the matter. The order of the Commission shall become final and

binding on all parties unless appealed to the Supreme Court within

thirty (30) days of the Commission's order.

C. 1. Except as otherwise expressly provided by law, any

notice, order, or other instrument issued by or pursuant to

authority of the Commission may be served on any person affected

thereby personally, by publication, or by mailing a copy of the

notice, order, or other instrument by certified mail directed to the

person affected at the last-known post office address as shown by

the files or records of the Commission. Service shall be considered

complete if certified mail service is returned unclaimed,

undeliverable, unable to forward, vacant or refused. Proof of

service shall be made as in the case of service of a summons or by

publication or may be made by the affidavit of the person who did

the mailing.

2. Such proof of service shall be filed in the court clerk's

office of the Commission.

3. Every certificate or affidavit of service made and filed as

provided in this section shall be prima facie evidence of the facts

therein stated. A certified copy thereof shall have like force and

effect.

Added by Laws 1989, c. 90, § 10, emerg. eff. April 21, 1989.

Amended by Laws 1993, c. 344, § 9, emerg. eff. June 9, 1993; Laws

1998, c. 375, § 17, emerg. eff. June 9, 1998; Laws 2004, c. 430, §

3, emerg. eff. June 4, 2004; Laws 2005, c. 435, § 7, eff. Nov. 1,

2005; Laws 2018, c. 27, § 11, eff. Nov. 1, 2018; Laws 2024, c. 112,

§ 1, eff. Nov. 1, 2024.