Okla. Stat. tit. 40, § 40-89

A. It shall be the duty of the Commissioner of Labor to enforce

the provisions of Section 71 et seq. of Title 40 of the Oklahoma

Statutes.

B. 1. In addition to any other penalty prescribed by law, any

person who is in violation of Section 71 et seq. of Title 40 of the

Oklahoma Statutes shall be liable for an administrative fine, to be

assessed by the Commissioner of Labor, of not more than One Hundred

Dollars ($100.00) for each offense. The maximum administrative fine

shall not exceed One Thousand Dollars ($1,000.00) for all related

violations. All administrative fines collected pursuant to this

section shall be deposited in the Department of Labor Revolving

Fund, created pursuant to Section 141.19 of Title 40 of the Oklahoma

Statutes.

2. In lieu of the penalty provided for in paragraph 1 of this

subsection, the Commissioner or a representative of the Commissioner

may issue a warning for a first offense to a person who is in

violation of Section 71 et seq. of Title 40 of the Oklahoma

Statutes. The warning shall cite the violation committed by the

person and, where appropriate, state the time period in which the

violation must be remedied.

C. After a violator is cited or fined for two unrelated

offenses of failure to comply with the provisions of Section 71 et

seq. of Title 40 of the Oklahoma Statutes, the Commissioner of Labor

shall have the authority to issue cease and desist orders, in

accordance with the rules of the Department of Labor, against the

violator until such time as compliance with the provisions of

Section 71 et seq. of Title 40 of the Oklahoma Statutes is met. Any

order to cease and desist issued by the Commissioner may be enforced

in district court. Upon application of the Commissioner, the

district court may issue an injunction without bond for the purpose

of enforcing this section.

D. The Commissioner of Labor shall assess and collect

administrative fines incurred under subsection B of this section

and, at the Commissioner's discretion, may remit, mitigate, or

negotiate the fines. In determining the fine to be assessed, or the

amount agreed upon in any negotiation, consideration shall be given

to the appropriateness of the fine in light of the gravity of the

violation and the extent to which the person charged has attempted

to remedy the consequences of the violation. Individual proceedings

shall be conducted pursuant to the provisions of subsection E of

this section.

E. For the purpose of determining if an administrative fine

should be assessed, a hearing shall be conducted in accordance with

the provisions of the Administrative Procedures Act, by a hearing

officer designated by the Commissioner of Labor. A final order by

Oklahoma Statutes - Title 40. Labor Page 208

the hearing officer may be appealed to the district court in the

county in which the violation occurred pursuant to the provisions of

the Administrative Procedures Act.