Okla. Stat. tit. 59, § 59-1474

A. Any person who violates any provision of this act or any

person who falsely states or represents that he has been or is a

polygraph examiner or trainee or that he is qualified to apply

instrumentation to the detection of deception or verification of

truth of statements shall be guilty of a misdemeanor and upon

conviction thereof shall be punished by a fine of not less than One

Hundred Dollars ($100.00) nor more than Five Thousand Dollars

($5,000.00) or by imprisonment in the county jail for a term of not

to exceed six (6) months, or both such fine and imprisonment.

B. 1. In addition to the penalties authorized by this section,

any person who has been determined by the Board to have violated any

provision of the Polygraph Examiners Act or any rule, regulation, or

order issued pursuant thereto may also be liable for a penalty

assessed by the Board of not more than Five Thousand Dollars

($5,000.00) for any related series of violations.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1124

2. The amount of the penalty shall be assessed by the Board

pursuant to the provisions of paragraph 1 of this subsection, after

notice and hearing pursuant to Sections 310 through 326 of Title 75

of the Oklahoma Statutes. In determining the amount of the penalty,

the Board shall include but not be limited to consideration of the

nature, circumstances, and gravity of the violation and, with

respect to the person found to have committed the violation, the

degree of culpability, the effect on ability of the person to

continue to do business, and any show of good faith in attempting to

achieve compliance with state laws.

3. Any person aggrieved by a final order or other final

determination of the Board may petition for a judicial review for

rehearing, reopening or reconsideration of the matter as provided

for in Title 75 of the Oklahoma Statutes. If an appeal is not made

by the person to whom such an order is directed within thirty (30)

days after notice has been sent to the parties, the order of the

Board shall become final and binding on all parties and shall be

docketed with the district court in the county of the residence of

the violator, or the district court in the county in which the

violation occurred. The order shall be enforced in the same manner

as an order of the district court.

C. Except as otherwise expressly provided by law, any notice,

order or other instrument issued by or pursuant to authority of the

Board may be served on any person affected thereby personally, by

publication, or by mailing a copy of the notice, order, or other

instrument by certified mail, return receipt requested, directed to

the person affected at his last-known post office address as shown

by the files or records of the Council. Proof of service shall be

made as in the case of service of a summons or by publication in a

civil action or may be made by the affidavit of the person who did

the mailing. Such proof of service shall be filed in the office of

the Council.

Every certificate or affidavit of service made and filed as

provided for in this section shall be prima facie evidence of the

facts therein stated. A certified copy thereof shall have like

force and effect.

D. Any penalty assessed under the provisions of this section

shall constitute a lien upon all the property of said violator

within this state except the homestead of the violator. Before any

such penalty becomes a lien upon such property as against third

persons, a copy of the order of the Board assessing the penalty

shall be filed in the office of the county clerk of the county

wherein the property is located. The copy of the order shall be

filed and may be enforced as provided by the provisions of Section

143.1 and Sections 171 through 178 of Title 42 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1125

E. Any penalties collected by the Board pursuant to this
y

shall be filed in the office of the county clerk of the county

wherein the property is located. The copy of the order shall be

filed and may be enforced as provided by the provisions of Section

143.1 and Sections 171 through 178 of Title 42 of the Oklahoma

Statutes.

Oklahoma Statutes - Title 59. Professions and Occupations Page 1125

E. Any penalties collected by the Board pursuant to this

section shall be deposited in the State Treasury to the credit of

the Polygraph Examiners Fund.