{"data":{"id":"us-ok/okla.-stat.-tit.-40-40-89","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 40, § 40-89","heading":"Enforcement of chapter - Administrative penalties","body":"A. It shall be the duty of the Commissioner of Labor to enforce\n\nthe provisions of Section 71 et seq. of Title 40 of the Oklahoma\n\nStatutes.\n\nB. 1. In addition to any other penalty prescribed by law, any\n\nperson who is in violation of Section 71 et seq. of Title 40 of the\n\nOklahoma Statutes shall be liable for an administrative fine, to be\n\nassessed by the Commissioner of Labor, of not more than One Hundred\n\nDollars ($100.00) for each offense. The maximum administrative fine\n\nshall not exceed One Thousand Dollars ($1,000.00) for all related\n\nviolations. All administrative fines collected pursuant to this\n\nsection shall be deposited in the Department of Labor Revolving\n\nFund, created pursuant to Section 141.19 of Title 40 of the Oklahoma\n\nStatutes.\n\n2. In lieu of the penalty provided for in paragraph 1 of this\n\nsubsection, the Commissioner or a representative of the Commissioner\n\nmay issue a warning for a first offense to a person who is in\n\nviolation of Section 71 et seq. of Title 40 of the Oklahoma\n\nStatutes. The warning shall cite the violation committed by the\n\nperson and, where appropriate, state the time period in which the\n\nviolation must be remedied.\n\nC. After a violator is cited or fined for two unrelated\n\noffenses of failure to comply with the provisions of Section 71 et\n\nseq. of Title 40 of the Oklahoma Statutes, the Commissioner of Labor\n\nshall have the authority to issue cease and desist orders, in\n\naccordance with the rules of the Department of Labor, against the\n\nviolator until such time as compliance with the provisions of\n\nSection 71 et seq. of Title 40 of the Oklahoma Statutes is met. Any\n\norder to cease and desist issued by the Commissioner may be enforced\n\nin district court. Upon application of the Commissioner, the\n\ndistrict court may issue an injunction without bond for the purpose\n\nof enforcing this section.\n\nD. The Commissioner of Labor shall assess and collect\n\nadministrative fines incurred under subsection B of this section\n\nand, at the Commissioner's discretion, may remit, mitigate, or\n\nnegotiate the fines. In determining the fine to be assessed, or the\n\namount agreed upon in any negotiation, consideration shall be given\n\nto the appropriateness of the fine in light of the gravity of the\n\nviolation and the extent to which the person charged has attempted\n\nto remedy the consequences of the violation. Individual proceedings\n\nshall be conducted pursuant to the provisions of subsection E of\n\nthis section.\n\nE. For the purpose of determining if an administrative fine\n\nshould be assessed, a hearing shall be conducted in accordance with\n\nthe provisions of the Administrative Procedures Act, by a hearing\n\nofficer designated by the Commissioner of Labor. A final order by\n\nthe hearing officer may be appealed to the district court in the\n\ncounty in which the violation occurred pursuant to the provisions of\n\nthe Administrative Procedures Act.","path":["OK Code","Title 40"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os40.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"48f6ca20d87520bf878c99bb09509681a065ffde9c940f8a0ed0c0ec2611c47d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-40-40-88","next":"us-ok/okla.-stat.-tit.-40-40-9-101"},"notice":"GroundRules: Original legal text. Not legal advice."}