{"data":{"id":"us-ok/okla.-stat.-tit.-27a-27a-2-5-111","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 27A, § 27A-2-5-111","heading":"Field citations - Election of penalty or hearing -","body":"Qualifications of persons issuing citations.\n\nA. The Department of Environmental Quality shall have the\n\nauthority, pursuant to rules of the Board, to implement a field\n\ncitation program establishing appropriate violations for which field\n\ncitations assessing administrative penalties may be issued. No\n\ncitation shall assess a penalty in excess of One Thousand Dollars\n\n($1,000.00) per day, or part of a day, per violation, nor exceed a\n\ncombined limit of Five Thousand Dollars ($5,000.00) per day.\n\nProvided further, no field citation shall be valid unless reviewed\n\nfor legal sufficiency within ten (10) days of issuance.\n\n1. Any person to whom a field citation is issued may elect to\n\npay the penalty assessment or to request an enforcement hearing.\n\nThe assessment shall become final and payable unless the request for\n\nhearing is made in writing within fifteen (15) days of the citation.\n\nUpon such request, the Department shall promptly schedule the\n\nenforcement hearing before an administrative law judge for the\n\nDepartment and notify the respondent.\n\n2. Payment of a penalty required by a field citation shall not\n\nbe construed as an admission of liability or guilt and shall\n\npreclude further assessment of administrative penalties for the same\n\nviolation. It shall not, however, be a defense to further\n\nenforcement by the Department for a subsequent violation or to an\n\nassessment of the statutory maximum penalty for criminal violations\n\npursuant to other authority in the Oklahoma Clean Air Act.\n\n3. In determining the amount of any penalty to be assessed\n\npursuant to this section, the person issuing a field citation shall\n\ntake into account the seriousness of the violation, any good faith\n\nefforts to comply with applicable requirements and other factors\n\ndetermined by rule to be relevant.\n\nB. Qualifications of persons authorized to issue field\n\ncitations shall be set by the Department, but shall include as a\n\nminimum:\n\n1. Completion of a special course of study developed by the\n\nDepartment specifically for the training of persons for this\n\npurpose;\n\n2. A minimum of three (3) years' experience in the air quality\n\nservice enforcement program;\n\n3. A job classification commensurate with the duties and\n\nresponsibilities of the individual; and\n\n4. Approval by the Executive Director.","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":"f87d87d4a6d0bd9a29878d4e6dc507390c49f7d0087699adbc71467c5a892337","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-27a-27a-2-5-110","next":"us-ok/okla.-stat.-tit.-27a-27a-2-5-112"},"notice":"GroundRules: Original legal text. Not legal advice."}
