{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-3-502","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-3-502","heading":"Notice of Code violation - Administrative remedies,","body":"compliance - Penalties, corrective action.\n\nA. If upon inspection or investigation, or whenever the\n\nDepartment determines that there are reasonable grounds to believe\n\nthat any person is in violation of this Code or any rule promulgated\n\nthereunder or of any order, permit or license issued pursuant\n\nthereto, the Department may give written notice to the alleged\n\nviolator of the specific violation and of the alleged violator's\n\nduty to correct such violation immediately or within a set time\n\nperiod or both and that the failure to do so will result in the\n\nissuance of a compliance order.\n\nB. In addition to any other remedies provided by law, the\n\nDepartment may, after service of the notice of violation, issue a\n\nproposed compliance order to such person. A proposed compliance\n\norder shall become a final order unless, no later than fifteen (15)\n\ndays after the order is served, any respondent named therein\n\nrequests an administrative enforcement hearing.\n\n1. The proposed compliance order may, pursuant to subsection K\n\nof this section:\n\na. assess an administrative penalty for past violations\n\nof this Code, rules promulgated thereunder, or the\n\nterms and conditions of permits or licenses issued\n\npursuant thereto, and\n\nb. propose the assessment of an administrative penalty\n\nfor each day the respondent fails to comply with the\n\ncompliance order.\n\n2. Such proposed order may specify compliance requirements and\n\nschedules, or mandate corrective action, or both.\n\nC. Failure to comply with a final compliance order, in part or\n\nin whole, may result in the issuance of an assessment order\n\nassessing an administrative penalty as authorized by law, or a\n\nsupplementary order imposing additional requirements, or both. Any\n\nproposed order issued pursuant to this subsection shall become final\n\nunless, no later than seven (7) days after its service, any\n\nrespondent named therein requests an administrative enforcement\n\nhearing.\n\nD. Notwithstanding the provisions of subsection A and B of this\n\nsection, the Executive Director, after notice and opportunity for an\n\nadministrative hearing, may revoke, modify or suspend the holder's\n\npermit or license in part or in whole for cause, including but not\n\nlimited to the holder's:\n\n1. Flagrant or consistent violations of this Code, of rules\n\npromulgated thereunder or of final orders, permits or licenses\n\nissued pursuant thereto;\n\n2. Reckless disregard for the protection of the public and the\n\nenvironment as demonstrated by noncompliance with environmental laws\n\nand rules resulting in endangerment of human health or the\n\nenvironment; or\n\n3. Actions causing, continuing, or contributing to the release\n\nor threatened release of pollutants or contaminants to the\n\nenvironment.\n\nE. Whenever the Department finds that an emergency exists\n\nrequiring immediate action to protect the public health or welfare\n\nor the environment, the Executive Director may without notice or\n\nhearing issue an order, effective upon issuance, reciting the\n\nexistence of such an emergency and requiring that such action be\n\ntaken as deemed necessary to meet the emergency. Any person to whom\n\nsuch an order is directed shall comply therewith immediately but may\n\nrequest an administrative enforcement hearing thereon within fifteen\nthe environment, the Executive Director may without notice or\n\nhearing issue an order, effective upon issuance, reciting the\n\nexistence of such an emergency and requiring that such action be\n\ntaken as deemed necessary to meet the emergency. Any person to whom\n\nsuch an order is directed shall comply therewith immediately but may\n\nrequest an administrative enforcement hearing thereon within fifteen\n\n(15) days after the order is served. Such hearing shall be held by\n\nthe Department within ten (10) days after receipt of the request.\n\nOn the basis of the hearing record, the Executive Director shall\n\nsustain or modify such order.\n\nF. Except as otherwise expressly provided by law, any notice of\n\nviolation, order, or other instrument issued by or pursuant to\n\nauthority of the Department may be served on any person affected\n\nthereby personally, by publication, or by mailing a copy of the\n\nnotice, order, or other instrument by certified mail return-receipt\n\nrequested directed to such person at his last-known post office\n\naddress as shown by the files or records of the Department. Proof\n\nof service shall be made as in the case of service of a summons or\n\nby publication in a civil action. Such proof of service shall be\n\nfiled in the Office of Administrative Hearings.\n\nG. Every certificate or affidavit of service made and filed\n\nshall be prima facie evidence of the facts therein stated. A\n\ncertified copy thereof shall have like force and effect.\n\nH. 1. The administrative hearings provided for in this section\n\nshall be conducted as individual proceedings in accordance with, and\n\na record thereof maintained pursuant to, Article II of the\n\nAdministrative Procedures Act, this Code and rules promulgated\n\nthereunder. When a hearing is timely requested by a respondent\n\npursuant to this section, the Department shall promptly conduct such\n\nhearing.\n\n2. Such hearing shall be conducted by an Administrative Law\n\nJudge or by the Executive Director. When an Administrative Law\n\nJudge holds the hearing, such Judge shall prepare a proposed order\n\nand shall:\n\na. serve it on the parties, by regular mail, and may\n\noffer an opportunity for parties to file exceptions to\n\nthe proposed order before a final order is entered in\n\nthe event the Executive Director does not review the\n\nrecord, and\n\nb. present the proposed order, the exceptions, if any,\n\nand the record of the matter to the Executive\n\nDirector, or\n\nc. present the proposed order and the record of the\n\nmatter to the Executive Director for review and entry\n\nof a final order for any default, failure to appear at\n\nthe hearing or if the parties by written stipulation\n\nwaive compliance with subparagraph a of this\n\nparagraph.\n\n3. For administrative proceedings conducted by an\n\nAdministrative Law Judge pursuant to this section, the Executive\n\nDirector may adopt, amend or reject any findings or conclusions of\n\nthe Administrative Law Judge or exceptions of any party and issue a\n\nfinal order accordingly, or may in his discretion remand the\n\nproceeding for additional argument or the introduction of additional\n\nevidence at a hearing held for the purpose. A final order shall not\n\nbe issued by the Executive Director until after:\n\na. the opportunity for exceptions has lapsed without\n\nreceiving exceptions, or after exceptions, briefs and\n\noral arguments, if any, are made, or\n\nb. review of the record by the Executive Director.\n\n4. Any order issued by the Department shall become final upon\n\nservice.\n\nI. Any party aggrieved by a final order may petition the\n\nDepartment for rehearing, reopening or reconsideration within ten\ner:\n\na. the opportunity for exceptions has lapsed without\n\nreceiving exceptions, or after exceptions, briefs and\n\noral arguments, if any, are made, or\n\nb. review of the record by the Executive Director.\n\n4. Any order issued by the Department shall become final upon\n\nservice.\n\nI. Any party aggrieved by a final order may petition the\n\nDepartment for rehearing, reopening or reconsideration within ten\n\n(10) days from the date of the entry of the final order. Any party\n\naggrieved by a final order, including the Attorney General on behalf\n\nof the state, may, pursuant to the Administrative Procedures Act,\n\npetition for a judicial review thereof.\n\nJ. If the Attorney General seeks redress on behalf of the\n\nstate, as provided for in subsection I of this section, the\n\nExecutive Director is empowered to appoint a special counsel for\n\nsuch proceedings.\n\nK. 1. Unless specified otherwise in this Code, any penalty\n\nassessed or proposed in an order shall not exceed Ten Thousand\n\nDollars ($10,000.00) per day of noncompliance.\n\n2. The determination of the amount of an administrative penalty\n\nshall include, but not be limited to, the consideration of such\n\nfactors as the nature, circumstances and gravity of the violation or\n\nviolations, the economic benefit, if any, resulting to the\n\nrespondent from the violation, the history of such violations and\n\nrespondent's degree of culpability and good faith compliance\n\nefforts. For purposes of this section, each day, or part of a day,\n\nupon which such violation occurs shall constitute a separate\n\nviolation.\n\nL. Notwithstanding the provisions of subsections A and B of\n\nthis section, the Department may, within three (3) years of\n\ndiscovery, apply for the assessment of an administrative penalty for\n\nany violation of this Code, or rules promulgated thereunder or\n\npermits or licenses issued pursuant thereto.\n\nM. Any order issued pursuant to this section may require that\n\ncorrective action be taken. If corrective action must be taken on\n\nadjoining property, the owner of such adjoining property shall not\n\ngive up any right to recover damages from the responsible party by\n\nallowing corrective action to occur.\n\nN. Inspections, investigations, administrative enforcement\n\nhearings and other administrative actions or proceedings pursuant to\n\nthe Code shall not be the basis for delaying judicial proceedings\n\nbetween private parties involving the same subject matter.","path":["OK Code","Title 27A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os27A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"b18f18081c4c70e9a50d63598defb194e78590a405937a1f5c677c98f6dfe1e2","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-3-501","next":"us-ok/okla.-stat.-tit.-27a-27a-2-3-503"},"notice":"GroundRules: Original legal text. Not legal advice."}