SECTION 775:30-1-1. Classifications and administrative penalties

(a)   Each field citation issued pursuant to The Oklahoma Veterinary Practice Act and/or Rules of the Board shall be classified according to the nature of the violation as set out below. The field citation shall indicate the classification on its face.

(1)   a Class "A" violation shall be a violation which the Executive Director of the Board has determined meets the following criteria:

(A)   it is the first violation by a person who while engaged in and/or aiding and abetting in the practice of veterinary medicine has violated the Oklahoma Veterinary Practice Act or the rules of the Board; and

(B)   the probable cause committee does not recommend the filing of a formal Complaint and Citation to be adjudicated by the Board en banc.

(2)   a Class "B" violation shall be a violation which the Executive Director has determined meets the following criteria:

(A)   it is the second or subsequent violation by a person who while engaged in and/or aiding and abetting in the practice of veterinary medicine has violated the Oklahoma Veterinary Practice Act or the rules of the Board; and

(B)   the violation was committed by a person who has had one or more previous field citations preceding the instant violation, without regard to whether the previous Citation(s) has become final; and

(C)   the probable cause committee does not recommend the filing of a formal Complaint and Citation to be adjudicated by the Board en banc.

(b)   In recommending an administrative penalty or Board hearing, the following criteria shall be considered by the probable cause committee:

(1)   The good or bad faith exhibited by the cited person;

(2)   The nature and severity of the violation;

(3)   Evidence that the violation was willful;

(4)   Any history of violations of the same or similar nature;

(5)   The extent to which the cited person has cooperated with the Board's investigation;

(6)   The extent to which the cited person has mitigated or attempted to mitigate any damage or injury caused by the violation; and

(7)   Such other matters as justice may require.

(c)   The specific administrative penalties shall be as follows:

(1)   a Class "A" violation shall be subject to an administrative penalty not to exceed $2,500.00;

(2)   a Class "B" violation shall be subject to an administrative penalty not to exceed $5,000.00;

(3)   The administrative penalties required by this paragraph shall not be due and payable unless and until the previous action(s) has been adjudicated with a finding or penalty against the cited person;

(4)   In the event that a predicate field citation(s) is adjudicated in favor of the cited person, thereby leaving no recidivist basis, any pending Class "B" field citation(s) shall revert to a Class "A" status.

[Source: Added at 17 Ok Reg 1439, eff 5-11-00; Amended at 27 Ok Reg 1065, eff 7-1-10]