Oklahoma Administrative Code
Title 310 - Oklahoma State Department of Health
Chapter 2 - Procedures of the State Department of Health
Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings
Part 1 - ENVIRONMENTAL HEALTH PENALTIES
Section 310:2-7-4 - Administrative Compliance Order

(a) When issued. Fifteen (15) days or more after service of any required Notice of Violation(NOV) upon the Respondent, or such reduced period as the Petitioner believes necessary to render the order reasonably effectual, the Commissioner of Health or his or her designee may issue an Administrative Compliance Order requiring compliance and specifying penalties for noncompliance. The entry of an Administrative Compliance Order initiates an individual proceeding under this Subchapter and shall meet the requirements of a petition as stated above.

(b) Must specify. The Administrative Compliance Order shall specify the facts and conclusions upon which it is based and shall set a time for the Respondent to comply with the applicable regulations. The Administrative Compliance Order shall specify the penalty, not to exceed the statutory maximum per day of non-compliance, to be assessed in the event that the Respondent fails to comply with the Order within the prescribed time.

(c) Service. The Administrative Compliance Order shall be served in accordance with OAC 310:2-21-4. The Order shall advise the Respondent that it shall become final unless a hearing is requested within fifteen (15) days of service of the Order. If a hearing is requested, proceedings shall promptly commence.

(d) Hearing. Based on the hearing, the Administrative Compliance Order will be sustained, modified, or dismissed. If the hearing process extends beyond any compliance deadline specified in the Administrative Compliance Order, fines specified in the Order for violations of the Order will continue to accrue during the hearing process unless the Hearing Officer stays the penalty upon request for good cause shown.