{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-123.5","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-123.5","heading":"Violations - Penalties","body":"A. In the enforcement of the Oklahoma Explosives and Blasting\n\nRegulation Act pursuant to this division, any person who violates\n\nany permit condition or who violates any other provision of the\n\nOklahoma Explosives and Blasting Regulation Act or rules promulgated\n\nthereto pursuant to this division may be assessed an administrative\n\npenalty by the Department. Such penalty shall not exceed Five\n\nThousand Dollars ($5,000.00) for each violation. Each day of\n\ncontinuing violation may be deemed a separate violation for purposes\n\nof penalty assessments. In determining the amount of the penalty,\n\nconsideration shall be given to the person's history of previous\n\nviolations regarding explosives and blasting operation; the\n\nseriousness of the violation, including any irreparable harm to the\n\nenvironment and any hazard to the health or safety of the public;\n\nwhether the person was negligent; and the demonstrated good faith of\n\nthe person charged in attempting to achieve rapid compliance after\n\nnotification of the violation.\n\nB. An administrative penalty shall be assessed by the\n\nDepartment only after the person charged with a violation described\n\nunder subsection A of this section has been given an opportunity for\n\na hearing pursuant to Article II of the Administrative Procedures\n\nAct. Where such a hearing has been held, the Department shall make\n\nfindings of fact, and shall issue a written decision as to the\n\noccurrence of the violation and the amount of the penalty which is\n\nwarranted, incorporating, when appropriate, an order therein\n\nrequiring that the penalty be paid. When appropriate, the\n\nDepartment shall consolidate such hearings with other proceedings\n\nunder the Oklahoma Explosives and Blasting Regulation Act. Any\n\nhearing under this section shall be of record. Where the person\n\ncharged with such a violation fails to avail himself of the\n\nopportunity for a hearing, an administrative penalty shall be\n\nassessed by the Department after determining that a violation did\n\noccur, and the amount of the penalty which is warranted, and issuing\n\nan order requiring that the penalty be paid.\n\nC. Upon the issuance of a notice or order charging that a\n\nviolation of the Oklahoma Explosives and Blasting Regulation Act has\n\noccurred, the Department shall inform the operator within thirty\n\n(30) days of the proposed amount of said penalty. The person\n\ncharged with the penalty shall then have thirty (30) days to pay the\n\nproposed penalty in full or, if the person wishes to contest either\n\nthe amount of the penalty or the fact of the violation, forward the\n\nproposed amount to the Department for placement in an escrow\n\naccount. If through administrative or judicial review of the\n\nproposed penalty, it is determined that no violation occurred, or\n\nthat the amount of the penalty should be reduced, the Department\n\nshall within thirty (30) days remit the appropriate amount to the\n\nperson.\n\nD. Administrative penalties owed under the Oklahoma Explosives\n\nand Blasting Regulation Act may be recovered in a civil action\n\nbrought by the Attorney General or any district attorney in the\n\ndistrict in which the violation occurred at the request of the\n\nDepartment in the appropriate district court. Such action, also,\n\nmay be brought by the Department.\n\nE. Any person who willfully and knowingly violates a condition\n\nof a permit issued pursuant to this division or fails or refuses to\n\ncomply with any order issued under this division, or any order\n\nincorporated in a final decision issued by the Department under this\n\ndivision, shall, upon conviction, be punished by a fine of not more\n\nthan Ten Thousand Dollars ($10,000.00) or by imprisonment for not\n\nmore than one (1) year, or both.\n\nF. Whenever a corporate permittee violates a condition of a\n\npermit issued pursuant to this division or fails or refuses to\n\ncomply with any order issued under this division, or any order\nision issued by the Department under this\n\ndivision, shall, upon conviction, be punished by a fine of not more\n\nthan Ten Thousand Dollars ($10,000.00) or by imprisonment for not\n\nmore than one (1) year, or both.\n\nF. Whenever a corporate permittee violates a condition of a\n\npermit issued pursuant to this division or fails or refuses to\n\ncomply with any order issued under this division, or any order\n\nincorporated in a final decision issued by the Executive Director of\n\nthe Department of Mines under this division, any director, officer\n\nor agent of such corporation who willfully and knowingly authorized,\n\nordered or carried out such violation, failure or refusal shall be\n\nsubject to the same administrative penalties, fines and imprisonment\n\nthat may be imposed upon a person under subsections A and E of this\n\nsection.\n\nG. Whoever knowingly makes any false statement, representation\n\nor certification, or knowingly fails to make any statement,\n\nrepresentation or certification in any application, record, report,\n\nplan or other document filed or required to be maintained pursuant\n\nto this division or any order of decision issued by the Department\n\nunder this division, shall, upon conviction, be punished by a fine\n\nof not more than Ten Thousand Dollars ($10,000.00) or by\n\nimprisonment for not more than one (1) year, or both.\n\nH. Any person who fails to correct a violation for which a\n\ncitation has been issued within the period permitted for its\n\ncorrection shall be assessed an administrative penalty of not less\n\nthan Seven Hundred Fifty Dollars ($750.00) for each day during which\n\nsuch failure or violation continues.\n\nThe period permitted for corrections of violations shall not end\n\nuntil:\n\n1. The entry of a final order by the Department after an\n\nexpedited hearing which ordered the suspension of the abatement\n\nrequirements of the citation because it was determined that the\n\nperson will suffer irreparable loss or damage from the application\n\nof the abatement requirements; or\n\n2. The entry of an order by a court in any review proceedings\n\ninitiated by the person in which the court orders the suspension of\n\nthe abatement requirements.\n\nI. Any person who shall, except as permitted by law, willfully\n\nresist, prevent, impede or interfere with the Department or any of\n\nthe agents or employees thereof in the performance of duties\n\npursuant to this division shall, upon conviction, be punished by a\n\nfine of not more than Five Thousand Dollars ($5,000.00), or by\n\nimprisonment for not more than one (1) year, or both.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"91ed1722c265906455e41413bbc6b7c4d3a5f0d0affdc12b78ac46aad41c5662","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-123.4","next":"us-ok/okla.-stat.-tit.-63-63-123.6"},"notice":"GroundRules: Original legal text. Not legal advice."}