Okla. Stat. tit. 40, § 40-165.7
This is the official text of Okla. Stat. tit. 40, § 40-165.7, part of Oklahoma’s Stat. tit. 40, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 40,." Browse the sections below, each linked to its official government source.
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Enforcement and administration - Administrative
Official statutory text
proceedings - Orders - Appeals - Actions.
Oklahoma Statutes - Title 40. Labor Page 248
A. The Commissioner of Labor shall enforce and administer the
provisions of this act and in any case where a civil action may be
brought for the collection of a wage claim, the Commissioner of
Labor may provide for an administrative proceeding to determine the
validity and enforce collection of the claim. The administrative
proceeding shall be conducted according to the Administrative
Procedures Act.
B. In any case when the Commissioner has received a wage
complaint, the Commissioner may seek collection of such claim
through administrative proceedings in a manner provided in this
section. The Commissioner may join in a single administrative
proceeding any number of wage claims against the same employer. The
Commissioner shall serve upon the employer an order of determination
directing the employer to pay to the Commissioner the amount of the
wage claim and any penalty amounts. Service shall be made by
regular mail to the employer's last-known address. The order of
determination shall include:
1. A reference to the particular sections of the statutes or
rules involved;
2. A short and concise statement of the basis for the amounts
determined to be owed to each wage claimant;
3. A statement that the employer within twenty (20) days after
receipt of the order of determination must pay in full the wage
claim and any penalties assessed on appeal to district court; and
4. A statement that unless a written request for
reconsideration is received by the Commissioner or the order is
appealed to district court within the time specified, the order of
determination shall become final.
C. Upon failure of the employer to pay the amount specified in
the order of determination or to request reconsideration or appeal
to district court, the order of determination shall become final.
D. A hearing shall be held in accordance with the applicable
provisions of the Administrative Procedures Act by the Commissioner
or the Commissioner's designee. The Commissioner shall adopt rules
for such hearing. In any hearing before the Commissioner's
designee, the designee is authorized to issue the final order in the
case.
E. Final administrative orders issued in a wage claim
proceeding are subject to appeal pursuant to the Administrative
Procedures Act.
F. When an order under this section becomes final by operation
of law or an appeal, and the amount due is not paid within twenty
(20) days after the order becomes final, the order may be recorded
with the county clerk in any county of this state. The clerk shall
thereupon record the name of the person incurring the penalty and
the amount of the penalty in the county clerk's lien record. The
order may be collected as any other money judgment.
Oklahoma Statutes - Title 40. Labor Page 249
G. The remedies provided by Sections 165.1 through 165.11 of
this title shall be additional to and not in substitution for and in
no manner impair other remedies. Additionally, one or more
individuals who are aggrieved by violation of any provision of
Sections 165.1 through 165.11 of this title shall be entitled to
bring an action in his or their own name to enforce the provisions
of such sections.
Oklahoma Statutes - Title 40. Labor Page 248
A. The Commissioner of Labor shall enforce and administer the
provisions of this act and in any case where a civil action may be
brought for the collection of a wage claim, the Commissioner of
Labor may provide for an administrative proceeding to determine the
validity and enforce collection of the claim. The administrative
proceeding shall be conducted according to the Administrative
Procedures Act.
B. In any case when the Commissioner has received a wage
complaint, the Commissioner may seek collection of such claim
through administrative proceedings in a manner provided in this
section. The Commissioner may join in a single administrative
proceeding any number of wage claims against the same employer. The
Commissioner shall serve upon the employer an order of determination
directing the employer to pay to the Commissioner the amount of the
wage claim and any penalty amounts. Service shall be made by
regular mail to the employer's last-known address. The order of
determination shall include:
1. A reference to the particular sections of the statutes or
rules involved;
2. A short and concise statement of the basis for the amounts
determined to be owed to each wage claimant;
3. A statement that the employer within twenty (20) days after
receipt of the order of determination must pay in full the wage
claim and any penalties assessed on appeal to district court; and
4. A statement that unless a written request for
reconsideration is received by the Commissioner or the order is
appealed to district court within the time specified, the order of
determination shall become final.
C. Upon failure of the employer to pay the amount specified in
the order of determination or to request reconsideration or appeal
to district court, the order of determination shall become final.
D. A hearing shall be held in accordance with the applicable
provisions of the Administrative Procedures Act by the Commissioner
or the Commissioner's designee. The Commissioner shall adopt rules
for such hearing. In any hearing before the Commissioner's
designee, the designee is authorized to issue the final order in the
case.
E. Final administrative orders issued in a wage claim
proceeding are subject to appeal pursuant to the Administrative
Procedures Act.
F. When an order under this section becomes final by operation
of law or an appeal, and the amount due is not paid within twenty
(20) days after the order becomes final, the order may be recorded
with the county clerk in any county of this state. The clerk shall
thereupon record the name of the person incurring the penalty and
the amount of the penalty in the county clerk's lien record. The
order may be collected as any other money judgment.
Oklahoma Statutes - Title 40. Labor Page 249
G. The remedies provided by Sections 165.1 through 165.11 of
this title shall be additional to and not in substitution for and in
no manner impair other remedies. Additionally, one or more
individuals who are aggrieved by violation of any provision of
Sections 165.1 through 165.11 of this title shall be entitled to
bring an action in his or their own name to enforce the provisions
of such sections.
Status: in_force · Read it on the official government site
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