Oklahoma § 59-2009 - Violations - Penalties - Other consumer protection laws Acts covered - Administrative hearings

§ 59-2009. Violations - Penalties - Other consumer protection laws Acts covered - Administrative hearings

A. Any person who engages in business as a health spa without

first being properly registered with the Administrator of Consumer

Credit as prescribed in the Oklahoma Health Spa Act or who otherwise

violates any provision of the Oklahoma Health Spa Act, upon

conviction, shall be guilty of a misdemeanor and shall be punished

by the imposition of a fine not to exceed Five Thousand Dollars

($5,000.00) or imprisonment in the county jail for not more than one

(1) year, or by both such fine and imprisonment.

B. The provisions of Title 14A of the Oklahoma Statutes shall

also apply to those health spas registered pursuant to the Oklahoma

Health Spa Act.

C. The Oklahoma Health Spa Act shall only govern those health

spa contracts or membership agreements executed after November 1,

1987.

Oklahoma Statutes - Title 59. Professions and Occupations

D. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Oklahoma Health Spa Act. The independent hearing

examiner shall have authority to exercise all powers granted by

Article II of the Administrative Procedures Act in conducting

hearings. The independent hearing examiner shall have authority to

recommend penalties authorized by the Oklahoma Health Spa Act and

issue proposed orders, with proposed findings of fact and proposed

conclusions of law, to the Administrator pursuant to Article II of

the Administrative Procedures Act. The Administrator shall review

the proposed order and issue a final agency order in accordance with

Article II of the Administrative Procedures Act. A final agency

order issued by the Administrator shall be appealable by all parties

to the district court as provided in Article II of the

Administrative Procedures Act. The costs of the hearing examiner

may be assessed by the hearing examiner against the respondent,

unless the respondent is the prevailing party.

E. After notice and hearing, the Administrator may decline to

renew a registration, or suspend or revoke any registration issued

pursuant to the Oklahoma Health Spa Act or any rules promulgated by

the Administrator, or in lieu of or in addition to such denial,

suspension or revocation, order the refund of any unlawful charges,

or enter a cease and desist order.

F. Any entity or individual offering to engage or engaged as a

health spa in this state without a license shall be subject to a

civil penalty not to exceed Five Thousand Dollars ($5,000.00).

G. The Administrator may impose a civil penalty as prescribed

in subsection F of this section, after notice and hearing in

accordance with Article II of the Administrative Procedures Act.

Any administrative order or settlement agreement imposing a civil

penalty pursuant to this section may be enforced as in the same

manner as civil judgments in this state. The Administrator may file

an application to enforce an administrative order or settlement

agreement imposing a civil penalty in the district court of Oklahoma

County.

Added by Laws 1987, c. 217, § 11, eff. Nov. 1, 1987. Amended by

Laws 1988, c. 215, § 8, eff. Nov. 1, 1988. Renumbered from § 775.9

of Title 15 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988. Amended

by Laws 1991, c. 96, § 8, eff. Sept. 1, 1991; Laws 2010, c. 415, §

24, eff. July 1, 2010.