{"data":{"id":"us-ok/okla.-stat.-tit.-71-71-814","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 71, § 71-814","heading":"Violation of act - Orders - Penalties","body":"A. Whenever it appears to the Administrator that any person has\n\nengaged in or is about to engage in any act or practice constituting\n\na violation of any provision of the Oklahoma Business Opportunity\n\nSales Act or any rule or order hereunder, the Administrator may:\n\n1. Issue an order directing each person to cease and desist\n\nfrom continuing the act or practice and/or issue an order imposing a\n\ncivil penalty up to a maximum of Five Thousand Dollars ($5,000.00)\n\nfor a single violation or transaction or of Fifty Thousand Dollars\n\n($50,000.00) for multiple violations or transactions in a single\n\nproceeding or a series of related proceedings; or\n\n2. Prior to, concurrently with, or subsequent to an\n\nadministrative proceeding pursuant to paragraph 1 of this\n\nsubsection, bring an action in the district court of Oklahoma County\n\nor the district court in any other county where service can be\n\nobtained on one or more of the defendants to enjoin the acts or\n\npractices and to enforce compliance with the Oklahoma Business\n\nOpportunity Sales Act or any rule or order hereunder. In an action\n\nunder this section and upon a proper showing, the court may:\n\na. issue a permanent or temporary injunction, restraining\n\norder, or declaratory judgment,\n\nb. order other appropriate or ancillary relief which may\n\ninclude:\n\n(1) an asset freeze, accounting, writ of attachment,\n\nwrit of general or specific execution, and\n\nappointment of a receiver or conservator, that\n\nmay be the Administrator, for the defendant or\n\nthe defendant's assets,\n\n(2) ordering the Administrator to take charge and\n\ncontrol of a defendant's property including\n\ninvestment accounts and accounts in a depository\n\ninstitution, rents, and profits; to collect\n\ndebts; and to acquire and dispose of property,\n\n(3) imposing a civil penalty in an amount not to\n\nexceed Five Thousand Dollars ($5,000.00) for a\n\nsingle violation or in an amount not to exceed\n\nTwo Hundred Fifty Thousand Dollars ($250,000.00)\n\nfor more than one violation; an order of\n\nrescission, restitution, or disgorgement directed\n\nto a person who has engaged in an act, practice,\n\nor course of business constituting a violation of\n\nthis act or a rule adopted or order issued under\n\nthis act, and\n\n(4) ordering the payment of prejudgment and\n\npostjudgment interest, or\n\nc. order such other relief as the court considers\n\nappropriate.\n\nB. Except as provided in subsection D of this section or unless\n\nthe right to notice and hearing is waived by the person against whom\n\nthe sanction is imposed, the sanctions provided in paragraph 1 of\n\nsubsection A of this section may be imposed only after notice and\n\nopportunity for hearing as required by the Administrative Procedures\n\nAct. If the person to whom notice is addressed does not request a\n\nhearing within fifteen (15) days after the service of the notice, a\n\nfinal order as provided for in subsection A of this section may be\n\nissued.\n\nC. For purposes of determining any sanction to be imposed under\n\nsubsection A of this section, the Administrator shall consider,\n\namong other factors, the frequency and persistence of the conduct\n\nconstituting a violation of the Oklahoma Business Opportunity Sales\n\nAct or a rule or order of the Administrator under the Oklahoma\n\nBusiness Opportunity Sales Act, the number of persons adversely\n\naffected by the conduct, and the resources of the person committing\n\nthe violation.\n\nD. 1. If the Administrator makes written findings of fact to\n\nsupport the conclusion that the public interest will be harmed by\n\ndelay in issuing a cease and desist order pursuant to paragraph 1 of\n\nsubsection A of this section, the Administrator may issue a summary\n\norder pending the hearing required by subsection B of this section.\n\nUpon the entry of the summary order, the Administrator shall\n\npromptly notify the person subject to the summary order:\n\na. that the summary order has been entered and the\n\nreasons therefor,\ny\n\ndelay in issuing a cease and desist order pursuant to paragraph 1 of\n\nsubsection A of this section, the Administrator may issue a summary\n\norder pending the hearing required by subsection B of this section.\n\nUpon the entry of the summary order, the Administrator shall\n\npromptly notify the person subject to the summary order:\n\na. that the summary order has been entered and the\n\nreasons therefor,\n\nb. that the person subject to the summary order, if\n\ndesiring a hearing, must make written request for a\n\nhearing to the Administrator within fifteen (15) days\n\nafter service of the notice is effective,\n\nc. that within fifteen (15) days after receipt by the\n\nAdministrator of a written request the matter will be\n\nset for hearing to determine whether the summary order\n\nshould be modified, vacated or extended pending final\n\ndetermination of any proceeding under paragraph 1 of\n\nsubsection A of this section, and\n\nd. that a hearing shall be commenced within fifteen (15)\n\ndays of the matter being set for hearing.\n\n2. The summary order shall remain in effect until the\n\nconclusion of the hearing on the summary order unless the\n\nAdministrator or the Administrator's designee extends the summary\n\norder pending a final determination of any proceeding under\n\nparagraph 1 of subsection A of this section. If no hearing is\n\nrequested and none is ordered by the Administrator, the summary\n\norder will remain in effect until it is modified or vacated by the\n\nAdministrator or the Administrator's designee. If a request for\n\nhearing on the summary order is timely made and if the hearing is\n\nnot commenced by the Administrator within the time limit set forth\n\nabove, the summary order shall dissolve and a cease and desist order\n\nshall not be issued pursuant to paragraph 1 of subsection A of this\n\nsection except upon reasonable notice and opportunity for a hearing\n\nas provided in subsection B of this section.\n\nE. When the Administrator has authority to institute an action\n\nor proceeding pursuant to this section, the Administrator may accept\n\nan assurance of discontinuance of an act or practice that is alleged\n\nto be unlawful under Section 819 of this title from the person who\n\nis alleged to have engaged or be about to engage in the act or\n\npractice. The assurance shall not constitute an admission of guilt.\n\nThe assurance may include a stipulation for any or all of the\n\nfollowing:\n\n1. The voluntary payment by the person for the costs of\n\ninvestigation;\n\n2. An amount to be held in escrow pending the outcome of an\n\naction; or\n\n3. An amount for restitution to an aggrieved person.\n\nAn assurance of discontinuance shall be in writing and filed\n\nwith the Administrator. Unless rescinded by the parties or voided\n\nby a court for good cause, the assurance may be enforced in the\n\ndistrict court of Oklahoma County by the parties to the assurance.\n\nThe assurance may be modified by the parties or by a court for good\n\ncause.","path":["OK Code","Title 71"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os71.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"fecbfe4bdcc4742c95270353cbb9a9922869f7375beeb0ea2db1ff607947657d","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-71-71-813","next":"us-ok/okla.-stat.-tit.-71-71-815"},"notice":"GroundRules: Original legal text. Not legal advice."}