Oklahoma Administrative Code
Title 35 - Oklahoma Department of Agriculture, Food, and Forestry
Chapter 30 - Consumer Protection
Subchapter 45 - Scrap Metal Dealers
Section 35:30-45-13 - Sanctions for misconduct
Universal Citation: OK Admin Code 35:30-45-13
Current through Vol. 42, No. 1, September 16, 2024
(a) If the Department determines that a scrap metal dealer has violated the Oklahoma Scrap Metal Dealers Act, Department rules, or other applicable legal authorities, the Department may
(1) Refer the matter to the
appropriate law enforcement authority for criminal prosecution;
(2) Deny, suspend, cancel, revoke, or refuse
reissuance of a license or licenses held by the scrap metal dealer after an
administrative hearing conducted in a manner consistent with OAC
35:1-9-1
et seq. ;
(3) Tag any weight or
measure device utilized by the scrap metal dealer as "Not For Commercial Use"
after an administrative hearing conducted in a manner consistent with OAC
35:1-9-1
et seq.;
(4) Assess an
administrative penalty or fine of not less than One Hundred dollars ($100) and
not more than Ten Thousand dollars ($10,000) against the scrap metal dealer
after an administrative hearing conducted in a manner consistent with OAC
35:1-9-1
et seq.;
(5) Apply to a district
court of competent jurisdiction and obtain a temporary or permanent injunction
prohibiting the continued commercial operation of the scrap metal dealer;
and
(6) Apply to a district court
of competent jurisdiction and obtain any civil penalties allowed by law,
including interest, attorney fees, and costs of collection.
(b) Each action of misconduct or each day a violation continues may constitute a separate and distinct violation.
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