Okla. Stat. tit. 2, § 2-11-99

Penalties.

A. The Oklahoma Department of Agriculture, Food, and Forestry

may suspend, cancel, revoke, or refuse reissuance of a scrap metal

dealer license after the person has an opportunity for public

Oklahoma Statutes - Title 2. Agriculture Page 513

hearing pursuant to the Administrative Procedures Act for any of the

following causes:

1. Engages in fraud or deceit in obtaining or renewing a

license;

2. Acts as a scrap metal dealer in this state without a

license;

3. Aids or abets another person in acting as a scrap metal

dealer without a license; or

4. Violates any of the provisions of the Oklahoma Scrap Metal

Dealers Act.

B. After notice and opportunity for a hearing in accordance

with the Administrative Procedures Act, if the Department finds any

person in violation of the Oklahoma Scrap Metal Dealers Act or any

rule promulgated or order issued pursuant thereto, the Department

shall have the authority to assess an administrative penalty of not

less than One Hundred Dollars ($100.00) and not more than Ten

Thousand Dollars ($10,000.00) for each violation. Each action or

each day a violation continues may constitute a separate and

distinct violation.

C. In addition to penalties and fines, the Department shall

have authority to apply to district court and obtain a temporary or

permanent injunction against anyone who violates the Oklahoma Scrap

Metal Dealers Act and shall have authority to obtain or impose civil

monetary penalties on anyone who violates the Oklahoma Scrap Metal

Dealers Act.

D. Nothing in the Oklahoma Scrap Metal Dealers Act shall

preclude the Department from seeking penalties in district court in

the maximum amount allowed by law. The assessment of penalties in

an administrative enforcement proceeding shall not prevent the

subsequent assessment by a court of the maximum civil or criminal

penalties for violations of the Oklahoma Scrap Metal Dealers Act and

rules promulgated pursuant thereto.

E. Any person assessed an administrative or civil penalty may

be required to pay, in addition to the penalty amount and interest

thereon, attorney fees and costs associated with the collection of

the penalties.

F. If any person refuses, denies or interferes with any right

of access, the Department shall have the right to apply to and

obtain from a district court an administrative or other warrant as

necessary to enforce the right of access and inspection.

G. If the Department finds any person operating as a scrap

metal dealer without a license, the Department shall have the

authority to tag as "Not For Commercial Use" any weight or measure

utilized by the scrap metal dealer.