Oklahoma § 85-352 - Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014

§ 85-352. Repealed by Laws 2013, c. 208, § 171, eff. Feb. 1, 2014

NOTE: Subsequent to repeal, this section was amended by Laws 2013,

c. 254, § 41 to read as follows:

A. In addition to any other penalty prescribed by law, any employer who

fails to secure compensation required by Section 351 of this title shall be

liable for a civil penalty, to be assessed by the Commissioner of Labor or

designee, of not more than Two Hundred Fifty Dollars ($250.00) per employee

for a first offense, unless the employer secures workers' compensation

insurance within thirty (30) days after receiving notice of the violation.

If the employer secures workers' compensation insurance within thirty (30)

days after receiving notice of the violation, the employer shall be liable

for a civil penalty of not more than Seventy-five Dollars ($75.00) per

employee. An employer shall be liable for a civil penalty of not more than

One Thousand Dollars ($1,000.00) per employee for a second or subsequent

offense. Provided, the maximum civil penalty shall not exceed Ten Thousand

Dollars ($10,000.00) for all related series of violations. All civil

penalties collected shall be deposited in the Department of Labor Revolving

Fund and shall be used to enforce the provisions of the Workers' Compensation

Code.

B. After an employer is cited for two offenses of failing to obtain

workers' compensation insurance and fails to obtain coverage within thirty

(30) days of the second citation, the Commissioner of Labor shall issue cease

and desist orders, in accordance with the Department of Labor administrative

rules and procedures, against an employer until the violating employer shall

obtain workers' compensation insurance for its employees. The Commissioner

of Labor shall have the authority to require the cessation of activities of

an employer whose employees are not covered by workers' compensation

insurance until the violating employer shall obtain workers' compensation

insurance for its employees; provided that an employer who has made

application for workers' compensation coverage with an insurance carrier, and

who, through no fault of the employer, has not received notice that such

coverage has commenced, shall not be made to cease operations, as provided

for in this section, until a determination has been made concerning the

employee's application for workers' compensation coverage. Any order to

cease and desist issued by the Commissioner may be enforced in district

court. The district court may issue the Commissioner an injunction without

bond, for the purposes of enforcing this section.

C. The Commissioner of Labor or designee shall assess and collect any

civil penalty incurred under subsection A of this section and, in the

Commissioner's discretion, may remit, mitigate or negotiate the penalty. In

determining the amount of the penalty to be assessed, or the amount agreed

upon in any negotiation, consideration shall be given to the appropriateness

of such penalty in light of the life of the business of the employer charged,

the gravity of the violation, and the extent to which the employer charged

has complied with the provisions of Section 351 of this title or has

otherwise attempted to remedy the consequences of the violation.

Oklahoma Statutes - Title 85. Workers' Compensation