SECTION 420:10-1-20. Suspension or revocation of registration permits and fines; appeals

(a)   The Administrator is authorized to suspend or revoke any registration permit issued by the Board, if it is found at a hearing on the matter, that the registrant has violated or is violating or has failed or is failing to comply with any provisions of Title 52, O.S., Section 420.1 and following, or these rules or specifications, or has delivered a lesser quantity of gas than the registrant bills the customer for with intent to defraud.

(b)   Upon his or her own motion, or upon the receipt of written complaint from any member of the Board, or from any Deputy Administrator or Inspector, that a registrant has violated or is violating or has failed or is failing to comply with any of the provisions of Section 420.1 and following, or these safety rules, regulations and/or specifications, the Administrator is authorized and it shall be his or her duty to hold a public hearing to consider such complaint. The Administrator shall have the power to conduct investigations; to summon and compel the attendance at such hearing of Witnesses; to require the production of any records or documents pertinent to the subject matter of any investigation or hearing; and to provide for the taking of depositions of witnesses in accordance with the rules of the district courts of this state. Notice of the date, time and place of any such hearing shall be given by registered mail not less than ten (10) days, exclusive of the date of mailing, before the date thereof, addressed to the registrant complained against and to any other parties involved, each of whom shall have the right to file answer, to appear and be heard in person and by counsel, and to present evidence at such hearing. The registrant complained against and any other parties involved may appear in person or present their case, including any evidence supporting their case, in writing to the Administrator in lieu of their making a physical appearance, and the Administrator will consider any such written evidence at the hearing.

(c)   If the Administrator finds at a hearing that the registrant has violated or is violating or has failed or is failing to comply with any provision of Section 420.1 and following, or these rules or specifications, the Administrator, if the findings justify such action, shall issue an order suspending the registrant's registration permit for a period not to exceed ninety (90) days, revoking the registration permit, or imposing a fine of not more than Five Hundred Dollars ($500.00) for each separate offense. Any fine imposed pursuant to this section shall be deposited into the Liquefied Petroleum Gas Fund. The amount of the fine and the type of penalty imposed for an offense or violation shall be within the Administrator's discretion, provided that the following fines shall be imposed for the following offenses or violations, in addition to additional fines and penalties the Administrator may impose for repeated or aggravated offenses or violations:

(1)   Container Law (filling container owned conspicuously by another person) - [Title 52, O.S.SS420.9(F)]: $500.00 maximum fine.

(2)   Unauthorized removal of red tag - [OAC 420:10-1-14(b)(9)]: $500.00 maximum fine

(3)   Failing to carry or use chock blocks - [NFPA 58, Ch.6-3.8]: $500.00 maximum fine.

(4)   Failing to complete or late filing of LPG Form 4 - [OAC 420:10-1-15]: $ 500.00 maximum fine per occurrence.

(5)   Inaccurate meters or meter calibration - [OAC 420:10 - 1 14 (b) (7)]: $500.00 maximum fine.

(6)   Meter gears do not match calibration report; Failing to report unsealed meter; Failing to give printed ticket - [OAC 420:10-1-14(b)(7)]: $500.00 maximum fine.

(7)   Failing to obtain a proper permit to operate in LP Gas Industry- [OAC 420:10-1-5]: $500.00 maximum fine.

(8)   Failing to renew existing permit before expiration - [OAC 420:10-1-16]: 25% of permit cost maximum fine.

(9)   Failing to attend safety school - [OAC 420:10-1-16]: $500.00 maximum fine.

(10)   Failing to comply with inspection requirements - [OAC 420:10-1-14]: $500.00 maximum fine.

(11)   Leaving Internal Safety Valve (ISV) open or manual liquid outlet valve open during transportation - [NFPA 58,Ch.6-3.1.2]: $500.00 maximum fine.

(12)   ESV's not operating - [NFPA 58, Ch.6-3.1.2]: $500.00 maximum fine.

(13)   Other violations of NFPA 58 & 54 -[OAC 420:10-1-14]: $500.00 maximum fine.

(14)   Failing to list all storage sites - [various]: $500.00 maximum fine.

(15)   Failing to pay invoice from Administrator within 35 days from issued date - [various]: 25% of invoice maximum fine.

(16)   No insurance - [OAC 420:10-1-18]: $500.00 maximum fine

(17)   Failing to report accident - [OAC 420:10-1-14(b)(3)]: $500.00 maximum fine.

(18)   Failing to attend management safety seminar - [OAC 420:10-1-16]: $500.00 maximum fine

(d)   The Administrator's findings, judgment and order shall be reduced to writing and be recorded in a permanent public record to be retained in the office of the Administrator. Copies shall be furnished to the registrant complained against and to the board. Any registrant who has been fined, or whose registration permit is suspended or revoked by the Administrator may, within thirty (30) days after such fine, suspension or revocation, file an appeal with the Board, which shall review the order of the Administrator de novo at the next scheduled meeting of the Board, and shall affirm the Administrator's order if supported by substantial evidence. In the event the Board affirms in whole or in part the action of the Administrator, the registrant may, within thirty (30) days after the Board's action, file an appeal with the district court of Oklahoma County or in the county wherein the registrant resides or has its principal place of business in this state, pursuant to Article II of the Administrative Procedures Act. Upon filing of an appeal, enforcement of the Administrator's order shall be stayed pending final disposition of such appeal. Upon affirmance, the order shall become final and conclusive and the stay of enforcement shall be vacated.

[Source: Added at 15 Ok Reg 3647, eff 7-27-98; Amended at 17 Ok Reg 3159, eff 7-27-00; Amended at 19 Ok Reg 2674, eff 7-11-02; Amended at 21 Ok Reg 2812, eff 7-11-04; Amended at 33 Ok Reg 941, eff 8-25-16]