SECTION 260:90-9-5. Violations; civil penalties; determination of penalty amount; surrender of certificate in lieu of fine


Latest version.
  • (a)   Any person who has been determined by the Board to have violated any provision of the Alternative Fuels Technician Certificate Act or any rule or order issued pursuant to the provisions of the Alternative Fuels Technician Certification Act may be liable for a civil penalty of not more than one hundred dollars ($100.00) for each day that said violation occurs.
    (b)   The maximum civil penalty shall not exceed one thousand dollars ($10,000) for any related series of violations.
    (c)   The amount of the penalty shall be assessed by the Board pursuant to the provisions of 269:90-9-1, after notice and hearing.
    (d)   In determining the amount of the penalty, the Board shall include but not be limited to, consideration of the nature, circumstances, and gravity of the violation and, with respect to the person or persons found to have committed the violation, the degree of culpability and any show of good faith in attempting to achieve compliance with the provisions of the Alternative Fuels Technician Certification Act.
    (e)   All monies collected from such civil penalties shall be deposited with the State Treasurer of Oklahoma and placed in the Alternative Fuels Technician Certification Revolving Fund.
    (f)   Any certificate holder may elect to surrender his certificate in lieu of said fine but shall be forever barred from obtaining a reissuance of said certificate.
[Source: Added at 31 Ok Reg 1496, eff 9-12-14]