Okla. Admin. Code § 165:10-7-9

Current through Vol. 42, No. 7, December 16, 2024

Section 165:10-7-9 - Scheduled monetary fines

(a)Scope. This Section prescribes amounts and procedure for imposing monetary fines arising from the categories of rule violations shown on Schedules A and B, Appendix E and F, respectively to this chapter.

(b)Issuance of complaint-citations.

(1) If the Conservation Division discovers an alleged violation in any category on Schedule A, it may issue a complaint-citation on Form 1036A. Said form shall describe the alleged rule violation, and it shall prescribe a monetary fine.

(2) If the conservation Division discovers an alleged violation in any category on Schedule B, it may issue a complaint-citation on Form 1036A. Said form shall describe the alleged rule violation. It shall establish a time period for compliance without a monetary fine. It shall prescribe a Schedule B fine if the alleged violator fails to comply with Commission rules within the specified time period for compliance.

(c)Notice. Any complaint-citation (OCC Form 1036A) issued under this Section shall be mailed or delivered to the alleged violator at the last known address shown on Commission records.

(d)Hearing option.

(1) Any alleged violator shall have the option to pay the prescribed fine or contest it at an evidentiary hearing. Payment of the fine within the time provided on the complaint-citation shall be considered and accepted as a plea of no contest.

(2) To obtain an evidentiary hearing, the alleged violator must request it at the preliminary hearing described on the complaint-citation. Failure to timely request an evidentiary hearing may result in an order assessing the fine prescribed by the complaint-citation.

(3) Appeal from any report of the Administrative Law Judge shall be to the panel of Commissioners in accordance with the Rules of Practice, OAC 165:5.

(e)Payment of fines. A person may pay a fine with cash, a money order, or check; provided, that any cash payment must be made at a Commission cashier's window. All checks must be made payable to the Oklahoma Corporation commission. A copy of the complaint-citation must accompany payment to ensure proper credit.

(f)Additional enforcement measures.

(1) The Conservation Division and the Secretary of the corporation commission may issue one or more complaint-citations to a person who fails to bring a lease and/or facility into compliance with the rules of this Chapter.

(2) Until payment in full or payment schedule has been determined, the conservation Division may shut-down any lease and/or facility associated with an overdue fine assessed by Commission order after notice and hearing.

Okla. Admin. Code § 165:10-7-9

Added at 9 Ok Reg 2295, eff 6-25-92

Amended by Oklahoma Register, Volume 32, Issue 23, August 17, 2015, eff. 8/27/2015.