Okla. Stat. tit. 59, § 59-396.12e: Administrative penalty and costs - Surrender of

license in lieu of penalty.

A. Any person or entity who has been determined by the Oklahoma

Funeral Board to have violated any provision of the Funeral Services

Licensing Act or any rule or order issued pursuant thereto may be

liable for an administrative penalty. The maximum administrative

penalty shall not exceed Ten Thousand Dollars ($10,000.00) for any

related series of violations.

B. The Board shall be authorized, at its discretion, to take

action as the nature of the violation requires. The Board shall

have the authority to impose on the licensee, or certificate holder,

as a condition of any adverse disciplinary action, the payment of

costs expended by the Board in investigating and prosecuting the

violation. The costs may include but are not limited to staff time,

salary and travel expenses, witness fees and attorney fees, and

shall be considered part of the order of the Board.

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

pursuant to the provisions of subsection A of this section, after

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

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 the Funeral Services

Licensing Act. The Board shall make a report of any action to any

entity deemed appropriate for transmittal of the public record but

shall in no cause be held liable for the content of the reported

action or be made a party to any civil liability action taken as a

result of the discipline imposed by the Board. All monies collected

from the administrative penalties shall be deposited with the State

Treasurer and by the State Treasurer placed in the "Fund of the

Oklahoma Funeral Board", created pursuant to Section 17 of this act.

D. Any license or certificate of apprenticeship holder may

elect to surrender the license or certificate of apprenticeship of

the person in lieu of said penalty but shall be forever barred from

obtaining a reissuance of said license or certificate of

apprenticeship.