Oklahoma § 45-1.2 - Violation of Board order - Notice - Hearing - Misdemeanor

§ 45-1.2. Violation of Board order - Notice - Hearing - Misdemeanor

- Injunction - Action.

A. Whenever the Board determines there are reasonable grounds

to believe there has been a violation of any order of the Board

adopted pursuant to Title 45 of the Oklahoma Statutes, it shall give

written notice to the alleged violator specifying the cause of the

complaint. Such notice shall require that the matters complained of

be corrected within a specified time or that the alleged violator

appear before the Board at a time and place specified in the notice

to answer the charges. The notice shall be delivered to the alleged

violator in accordance with the provisions of subsection C of this

section not less than twenty (20) days before the time set for the

hearing.

B. The Board shall afford the alleged violator an opportunity

for a hearing in conformity with the Administrative Procedures Act.

On the basis of the evidence produced at the hearing, the Board

shall make findings of fact and conclusions of law and enter an

order thereon. The Board shall give written notice of such order to

the alleged violator. The order of the Board shall become final and

binding on all parties unless appealed to the district court within

thirty (30) days after notice of such order has been sent to the

parties.

C. Any notice, order or other instrument issued by the Board

pursuant to this section may be served either personally, by

publication, or by mailing a copy by registered mail directed to the

alleged violator at his last-known address as shown by the files or

Oklahoma Statutes - Title 45. Mines and Mining

records of the Board. Proof of such service shall be filed in the

office of the Board.

D. Unless otherwise specified by law, any person who violates

any of the provisions of Title 45 of the Oklahoma Statutes or who

violates any order or determination of the Board promulgated

pursuant to this section shall be guilty of a misdemeanor and in

addition thereto may be enjoined from continuing such violation.

Each day upon which such violation occurs shall constitute a

separate violation.

The Attorney General, on the request of the Board, shall bring

an action against any person violating any order or determination of

the Board adopted pursuant to Title 45 of the Oklahoma Statutes.

Added by Laws 1982, c. 296, § 3.