Oklahoma § 59-2095.17 - Penalties authorized - Cease and desist orders Administrative hearings

§ 59-2095.17. Penalties authorized - Cease and desist orders Administrative hearings

A. In order to ensure the effective supervision and enforcement

of the Oklahoma Secure and Fair Enforcement for Mortgage Licensing

Oklahoma Statutes - Title 59. Professions and Occupations

Act, the Administrator of Consumer Credit may, after notice and

hearing pursuant to Article II of the Administrative Procedures Act,

impose any or any combination of the following penalties:

1. Deny, suspend, revoke, censure, place on probation or

decline to renew a license for a violation of the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act, any rules

promulgated pursuant to the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act and any order of the Administrator or an

independent hearing examiner issued pursuant to the Oklahoma Secure

and Fair Enforcement for Mortgage Licensing Act;

2. Deny, suspend, revoke, censure, place on probation or

decline to renew a license if an applicant or licensee fails at any

time to meet the requirements of the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act or withholds information or

makes a material misstatement in an application for a license or

renewal of a license;

3. Order restitution against entities or individuals subject to

the Oklahoma Secure and Fair Enforcement for Mortgage Licensing Act

for violations of the Oklahoma Secure and Fair Enforcement for

Mortgage Licensing Act; or

4. Issue orders or directives under the Oklahoma Secure and

Fair Enforcement for Mortgage Licensing Act as follows:

a.

order or direct entities or individuals subject to the

Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act to cease and desist from conducting

business, including immediate temporary orders to

cease and desist,

b.

order or direct entities or individuals subject to the

Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act to cease any harmful activities or

violations of the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act, including immediate

temporary orders to cease and desist,

c.

enter immediate temporary orders to cease business

under a license issued pursuant to the authority of

the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act if the Administrator or an independent

hearing examiner determines that such license was

erroneously granted or the licensee is currently in

violation of the Oklahoma Secure and Fair Enforcement

for Mortgage Licensing Act,

d.

order or direct such other affirmative action as the

Administrator or an independent hearing examiner deems

necessary, or

e.

impose a civil penalty of not less than One Hundred

Dollars ($100.00) nor more than Two Thousand Five

Hundred Dollars ($2,500.00) for each violation of the

Oklahoma Statutes - Title 59. Professions and Occupations

Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act against a licensee or any other entity

or individual subject to the Oklahoma Secure and Fair

Enforcement for Mortgage Licensing Act, not to exceed

Five Thousand Dollars ($5,000.00) for all violations

resulting from a single incident or transaction.

B. Any immediate temporary order to cease and desist issued

pursuant to the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing Act shall comply with the requirements for emergency

orders under Article II of the Administrative Procedures Act.

C. Any administrative order or settlement agreement imposing a

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

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

an application to enforce an administrative order or settlement

agreement in the district court of Oklahoma County.

D. The Administrator shall appoint an independent hearing

examiner to conduct all administrative hearings involving alleged

violations of the Oklahoma Secure and Fair Enforcement for Mortgage

Licensing 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 Secure and Fair Enforcement for

Mortgage Licensing 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. Any person aggrieved by a final

agency order of the Administrator may obtain judicial review in

accordance with the Oklahoma Administrative Procedures Act. The

venue of any such action shall be in the district court of Oklahoma

County. The costs of the hearing examiner may be assessed against

the respondent, unless the respondent is the prevailing party.

Added by Laws 2009, c. 190, § 20, eff. July 1, 2009. Amended by

Laws 2010, c. 415, § 30, eff. July 1, 2010; Laws 2013, c. 98, § 10,

eff. Nov. 1, 2013.