Okla. Stat. tit. 27A, § 27A-2-5-111: Field citations - Election of penalty or hearing -

Qualifications of persons issuing citations.

A. The Department of Environmental Quality shall have the

authority, pursuant to rules of the Board, to implement a field

citation program establishing appropriate violations for which field

citations assessing administrative penalties may be issued. No

citation shall assess a penalty in excess of One Thousand Dollars

($1,000.00) per day, or part of a day, per violation, nor exceed a

combined limit of Five Thousand Dollars ($5,000.00) per day.

Provided further, no field citation shall be valid unless reviewed

for legal sufficiency within ten (10) days of issuance.

1. Any person to whom a field citation is issued may elect to

pay the penalty assessment or to request an enforcement hearing.

The assessment shall become final and payable unless the request for

hearing is made in writing within fifteen (15) days of the citation.

Upon such request, the Department shall promptly schedule the

enforcement hearing before an administrative law judge for the

Department and notify the respondent.

2. Payment of a penalty required by a field citation shall not

be construed as an admission of liability or guilt and shall

preclude further assessment of administrative penalties for the same

violation. It shall not, however, be a defense to further

enforcement by the Department for a subsequent violation or to an

assessment of the statutory maximum penalty for criminal violations

pursuant to other authority in the Oklahoma Clean Air Act.

3. In determining the amount of any penalty to be assessed

pursuant to this section, the person issuing a field citation shall

take into account the seriousness of the violation, any good faith

efforts to comply with applicable requirements and other factors

determined by rule to be relevant.

B. Qualifications of persons authorized to issue field

citations shall be set by the Department, but shall include as a

minimum:

1. Completion of a special course of study developed by the

Department specifically for the training of persons for this

purpose;

2. A minimum of three (3) years' experience in the air quality

service enforcement program;

3. A job classification commensurate with the duties and

responsibilities of the individual; and

4. Approval by the Executive Director.