Oklahoma § 40-142.16 - Violations - Civil penalties - Determination of penalty

§ 40-142.16. Violations - Civil penalties - Determination of penalty

amount - Surrender of certificate in lieu of fine – Administrative

hearing.

A. Any person who has been determined by the Commissioner of

Labor or designee to have violated any provision of the Alternative

Fuels Technician Certification Act or any rule or order issued

pursuant to the provisions of the Alternative Fuels Technician

Certification Act may be liable for a civil penalty of not more than

One Hundred Dollars ($100.00) for each day that said violation

occurs. The maximum civil penalty shall not exceed Ten Thousand

Dollars ($10,000.00) for any related series of violations.

B. The amount of the penalty shall be assessed by the

Commissioner of Labor or designee pursuant to the provisions of

subsection A of this section, after notice and hearing. In

determining the amount of the penalty, the Commissioner of Labor or

designee shall include, but not be limited to, consideration of the

nature, circumstances, and gravity of the violation and, with

respect to the person found to have committed the violation, the

degree of culpability, and any show of good faith in attempting to

achieve compliance with the provisions of the Alternative Fuels

Technician Certification Act. All monies collected from such civil

penalties shall be deposited with the State Treasurer of Oklahoma

and placed in the Alternative Fuels Technician Certification

Revolving Fund.

C. Any certificate holder may elect to surrender his

certificate in lieu of said fine but shall be forever barred from

obtaining a reissuance of said certificate.

D. In addition to, or in lieu of, the civil penalties set forth

in subsections A and B of this section, the Commissioner of Labor or

designee, at the discretion of the Commissioner or designee, may

assess the following fines for violations of the act:

1. Failure to meet the applicable adopted minimum

standards in the installation, modification,

repair, maintenance, or renovation of an

alternative fuel fill station, an electric vehicle

charge station or alternative fuel vehicle

equipment, per occurrence:

$200.00

2. Performing the work or offering, by advertisement

or otherwise, to perform the work of an alternative

fuels equipment technician without valid

certification, per occurrence:

$200.00

3. Performing the work or offering, by advertisement

or otherwise, to perform the work of an alternative

fuels compression technician without valid

certification, per occurrence:

$200.00

4. Performing the work or offering, by advertisement

or otherwise, to perform the work of an electric

Oklahoma Statutes - Title 40. Labor

vehicle technician without valid certification, per

occurrence:

$200.00

5. Performing the work or offering, by advertisement

or otherwise, to perform the work of an alternative

fuels installation company, partnership or

corporation without valid certification, per

occurrence:

$500.00

E. Payment for the fines set forth in subsection D of this

section shall be due within thirty (30) days of issuance of a

citation by the Commissioner or designee. Any person wishing to

contest any of the aforementioned fines shall petition the

Commissioner or designee for an administrative hearing, in writing,

within thirty (30) days of issuance of the fine or fines. If

requested, the hearing shall then be scheduled by the Commissioner

or designee as provided in the Administrative Procedures Act.

F. Nothing in this section shall be construed to prevent

revocation or suspension of a certificate pursuant to Section 142.11

of this title.

Added by Laws 1990, c. 294, § 14, operative July 1, 1990.

Renumbered from § 420.64 of Title 52 by Laws 1991, c. 235, § 24,

eff. July 1, 1991. Renumbered from § 130.24 of Title 74 by Laws

2014, c. 328, § 28. Amended by Laws 2015, c. 181, § 9, emerg. eff.

April 27, 2015.

NOTE: Editorially renumbered from § 142.15 of this title to avoid a

duplication in numbering.