Oklahoma § 59-475.20 - Criminal and administrative penalties - Legal counsel

§ 59-475.20. Criminal and administrative penalties - Legal counsel

A. Criminal penalties:

Any person or entity who practices, or offers to practice,

engineering or surveying in this state without being licensed by the

State Board of Licensure for Professional Engineers and Surveyors in

accordance with the provisions of this act, or any person or entity

using or employing the words "engineer" or "engineering" or

"surveyor" or "surveying" or any modification or derivative thereof

in its name or form of business or activity except as authorized in

this act, or any person presenting or attempting to use the license

or the seal of another, or any person who gives false or forged

evidence of any kind to the Board or to any member thereof in

obtaining or attempting to obtain a license, or any person who

falsely impersonates any other licensee of like or different name,

or any person who attempts to use an expired, suspended, revoked, or

nonexistent license, or who practices or offers to practice when not

qualified, or their practice is restricted, or any person who

falsely claims to be registered or licensed under this act, or any

person who violates any of the provisions of this act, shall be

guilty of a misdemeanor, punishable by a fine of not less than Two

Hundred Fifty Dollars ($250.00), nor more than Two Thousand Dollars

($2,000.00).

B. Administrative penalties:

1. Any person or entity who has been determined by the Board to

have violated any provision of this act, or any rule, regulation or

order issued pursuant to such provisions, may be liable for an

administrative penalty of not less than Five Hundred Dollars

($500.00) nor more than Twenty Thousand Dollars ($20,000.00) for

each separate violation.

2. The amount of the penalty shall be assessed by the Board

pursuant to the provisions of paragraph 1 of this subsection, after

notice and hearing. In determining the amount of the penalty, the

Oklahoma Statutes - Title 59. Professions and Occupations

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

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

to the person or entity found to have committed the violation, the

degree of culpability, the effect on ability of the person or entity

to continue to do business, and any show of good faith in attempting

to achieve compliance with the provisions of this act. All monies

collected from administrative penalties shall be deposited with the

State Treasurer and placed in the "Professional Engineers and

Surveyors Fund".

3. Any license or certificate of authority holder may request

to surrender the license or certificate of authority in lieu of an

administrative action, but shall be permanently barred from

obtaining a reissuance of the license or certificate of authority.

All such requests shall be presented to the Board for approval.

C. Legal Counsel:

The Attorney General of this state or an assistant shall act as

legal advisor to the Board and render such legal assistance as may

be necessary in carrying out the provisions of this act. The Board

may employ counsel whose compensation and expenses shall be paid

from Board funds for necessary legal assistance to aid in the

enforcement of and carrying out the provisions of this act.

Added by Laws 1968, c. 245, § 20, emerg. eff. April 26, 1968.

Amended by Laws 1982, c. 297, § 20; Laws 1992, c. 165, § 17, eff.

July 1, 1992; Laws 1997, c. 133, § 508, eff. July 1, 1999; Laws

1999, c. 74, § 2, eff. Nov. 1, 1999; Laws 2005, c. 115, § 19, eff.

Nov. 1, 2005; Laws 2008, c. 312, § 10, eff. Nov. 1, 2008; Laws 2017,

c. 259, § 18, eff. Nov. 1, 2017; Laws 2024, c. 147, § 29, eff. Nov.

1, 2024.

NOTE: Laws 1998, 1st Ex. Sess., c. 2, § 23 amended the effective

date of Laws 1997, c. 133, § 508 from July 1, 1998, to July 1, 1999.