{"data":{"id":"us-ok/okla.-stat.-tit.-85a-85a-40","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 85A, § 85A-40","heading":"Failure to secure compensation - Summary hearing -","body":"Penalties.\n\nA. 1. Any employer who fails to secure compensation required\n\nunder the Administrative Workers' Compensation Act, upon conviction,\n\nshall be guilty of a misdemeanor and subject to a fine of up to Ten\n\nThousand Dollars ($10,000.00) to be deposited in the Workers'\n\nCompensation Commission Revolving Fund.\n\n2. This subsection shall not affect any other liability of the\n\nemployer under the Administrative Workers' Compensation Act.\n\nB. 1. Whenever the Workers' Compensation Commission has reason\n\nto believe that any employer required to secure the payment of\n\ncompensation under the Administrative Workers' Compensation Act has\n\nfailed to do so, the Commission shall serve on the employer a\n\nproposed judgment declaring the employer to be in violation of the\n\nAdministrative Workers' Compensation Act and containing the amount,\n\nif any, of the civil penalty to be assessed against the employer\n\nunder paragraph 5 of this subsection.\n\n2. a. An employer may contest a proposed judgment of the\n\nCommission issued under paragraph 1 of this subsection\n\nby filing with the Commission, within twenty (20) days\n\nof receipt of the proposed judgment, a written request\n\nfor a hearing.\n\nb. The request for a hearing does not need to be in any\n\nparticular form but shall specify the grounds on which\n\nthe person contests the proposed judgment, the\n\nproposed assessment, or both.\n\nc. If a written request for hearing is not filed with the\n\nCommission within the time specified in subparagraph a\n\nof this paragraph, the proposed judgment, the proposed\n\npenalty or both, shall be a final judgment of the\n\nCommission and shall not be subject to further review\n\nby any court, except if the employer shows good cause\n\nwhy it did not timely contest the judgment or penalty.\n\nd. A proposed judgment by the Commission under this\n\nsection shall be prima facie correct, and the burden\n\nis on the employer to prove that the proposed judgment\n\nis incorrect.\n\n3. a. If the employer alleges that a carrier has contracted\n\nto provide it workers' compensation insurance coverage\n\nfor the period in question, the employer shall include\n\nthe allegation in its request for hearing and shall\n\nname the carrier.\n\nb. The Commission shall promptly notify the carrier of\n\nthe employer's allegation and of the date of hearing.\n\nc. The carrier shall promptly, and no later than five (5)\n\ndays before the hearing, respond in writing to the\n\nemployer's allegation by providing evidence of\n\ncoverage for the period in question or by\n\naffirmatively denying the employer's allegation.\n\n4. Hearings under this section shall be procedurally conducted\n\nas provided in Sections 69 through 78 of this title.\n\n5. The Commission may assess a fine against an employer who\n\nfails to secure the payment of compensation in an amount up to One\n\nThousand Dollars ($1,000.00) per day of violation payable to the\n\nWorkers' Compensation Commission Revolving Fund, not to exceed a\n\ntotal of Fifty Thousand Dollars ($50,000.00) for the first\n\nviolation.\n\n6. If an employer fails to secure the payment of compensation\n\nor pay any civil penalty assessed against the employer after a\n\njudgment issued under this section has become final by operation of\n\nlaw or on appeal, the Commission may petition the Oklahoma County\n\nDistrict Court or the district court of the county where the\n\nemployer's principal place of business is located for an order\n\nenjoining the employer from engaging in further employment until\n\nsuch time as the employer secures the payment of compensation or\n\nmakes full payment of all civil penalties.\n\n7. Upon any penalty becoming final under this section, the\n\nCommission may institute collection proceedings against any assets\n\nof the employer independently or in district court including, but\n\nnot limited to, an asset hearing, garnishment of income and wages,\n\njudgment lien or an intercept of an income tax refund consistent\npayment of compensation or\n\nmakes full payment of all civil penalties.\n\n7. Upon any penalty becoming final under this section, the\n\nCommission may institute collection proceedings against any assets\n\nof the employer independently or in district court including, but\n\nnot limited to, an asset hearing, garnishment of income and wages,\n\njudgment lien or an intercept of an income tax refund consistent\n\nwith Section 205.2 of Title 68 of the Oklahoma Statutes.\n\n8. Information subject to subsection A or B of Section 4-508 of\n\nTitle 40 of the Oklahoma Statutes may be disclosed to the employees\n\nof the Commission for purposes of investigation and enforcement of\n\nworkers' compensation coverage requirements pursuant to this title,\n\nand such information shall be admissible in any hearing before an\n\nadministrative law judge of the Commission.\n\n9. Litigation files and investigatory reports of the Commission\n\narising from enforcement of the provisions of this section shall be\n\nconfidential pursuant to Section 24A.12 of Title 51 of the Oklahoma\n\nStatutes.","path":["OK Code","Title 85A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os85A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"2bbaec878275cb409f4d5b5176272907dd6227f70ad4fc851c72ef0c60ca4b82","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-85a-85a-4","next":"us-ok/okla.-stat.-tit.-85a-85a-400"},"notice":"GroundRules: Original legal text. Not legal advice."}