Section 142.16 - Violations - Civil penalties - Determination of penalty amount - Surrender of certificate in lieu of fine - Administrative hearingA. Any person who has been determined by the Commissioner of Labor or designee to have violated any provision of the Alternative Fuels Technician Certification Act or any rule or order issued pursuant to the provisions of the Alternative Fuels Technician Certification Act may be liable for a civil penalty of not more than One Hundred Dollars ($100.00) for each day that said violation occurs. The maximum civil penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any related series of violations.B. The amount of the penalty shall be assessed by the Commissioner of Labor or designee pursuant to the provisions of subsection A of this section, after notice and hearing. In determining the amount of the penalty, the Commissioner of Labor or designee shall include, but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person found to have committed the violation, the degree of culpability, and any show of good faith in attempting to achieve compliance with the provisions of the Alternative Fuels Technician Certification Act. All monies collected from such civil penalties shall be deposited with the State Treasurer of Oklahoma and placed in the Alternative Fuels Technician Certification Revolving Fund.C. Any certificate holder may elect to surrender his certificate in lieu of said fine but shall be forever barred from obtaining a reissuance of said certificate.D. In addition to, or in lieu of, the civil penalties set forth in subsections A and B of this section, the Commissioner of Labor or designee, at the discretion of the Commissioner or designee, may assess the following fines for violations of the act: 1. Failure to meet the applicable adopted minimum standards in the installation, modification, repair, maintenance, or renovation of an alternative fuel fill station, an electric vehicle charge station or alternative fuel vehicle equipment, per occurrence: | $200.00 |
2. Performing the work or offering, by advertisement or otherwise, to perform the work of an alternative fuels equipment technician without valid certification, per occurrence: | $200.00 |
3. Performing the work or offering, by advertisement or otherwise, to perform the work of an alternative fuels compression technician without valid certification, per occurrence: | $200.00 |
4. Performing the work or offering, by advertisement or otherwise, to perform the work of an electric vehicle technician without valid certification, per occurrence: | $200.00 |
5. Performing the work or offering, by advertisement or otherwise, to perform the work of an alternative fuels installation company, partnership or corporation without valid certification, per occurrence: | $500.00 |
E. Payment for the fines set forth in subsection D of this section shall be due within thirty (30) days of issuance of a citation by the Commissioner or designee. Any person wishing to contest any of the aforementioned fines shall petition the Commissioner or designee for an administrative hearing, in writing, within thirty (30) days of issuance of the fine or fines. If requested, the hearing shall then be scheduled by the Commissioner or designee as provided in the Administrative Procedures Act.F. Nothing in this section shall be construed to prevent revocation or suspension of a certificate pursuant to Section 142.11 of this title.Okla. Stat. tit. 40, § 142.16
Amended by Laws 2015 , c. 181, s. 9, eff. 4/27/2015.Renumbered from §130.24 by Laws 2014 , c. 328, s. 28, eff. 8/29/2014.Added by Laws 1990, HB 1953, c. 294, § 14, emerg. eff. 7/1/1990; Renumbered from 52 O.S. § 420.64 by Laws 1991, HB 1193, c. 235, § 24, emerg. eff. 7/1/1991.