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 310:2-7-5 - Assessment Order

(a) Failure to comply with Administrative Compliance Order. After the Administrative Compliance Order is issued, proceedings may be conducted to determine whether the Respondent has failed to comply with the Order.

(b) Application for compliance and penalty hearing. Any time the Petitioner believes the Administrative Compliance Order has been violated, it may with reasonable promptness apply to the Hearing Officer for a compliance and penalty hearing, alleging the period of noncompliance and the amount of the administrative fine that has accrued. The Petitioner shall provide a copy of the request to the Respondent.

(c) Elements to consider. The Commissioner, in deciding whether the Administrative Compliance Order has been violated and whether the penalties are appropriate, may consider efforts to comply with applicable requirements made by the Respondent after issuance of the Administrative Compliance Order.

(d) Must request hearing within 7 days. The Petitioner's application shall advise the Respondent that the Respondent's right to contest the determination of noncompliance and the amount of the fine is waived if the request for hearing is not made within seven calendar days of receiving notice. A request for hearing is deemed made when received by the Department. If timely requested, the hearing must be promptly set and held.

(e) Issuance of Assessment Order. An Assessment Order shall be issued by the Commissioner of Health or a designated Deputy Commissioner following the determination of the application. The Assessment Order must state the nature and period of the violation, and determine the amount of the fine. The fine is due and payable immediately upon issuance of the Assessment Order, unless otherwise provided therein. A copy of the Assessment Order will be provided to the Respondent.

(f) Continuing violations. If the Petitioner believes that violations of the Administrative Compliance Order continue after the issuance of an Assessment Order, the Petitioner may apply within a reasonable time for the issuance of additional Assessment Orders covering periods of violation since the period covered by the issuance of a previous Assessment Order.