Okla. Stat. tit. 71, § 71-814

A. Whenever it appears to the Administrator that any person has

engaged in or is about to engage in any act or practice constituting

a violation of any provision of the Oklahoma Business Opportunity

Sales Act or any rule or order hereunder, the Administrator may:

1. Issue an order directing each person to cease and desist

from continuing the act or practice and/or issue an order imposing a

civil penalty up to a maximum of Five Thousand Dollars ($5,000.00)

for a single violation or transaction or of Fifty Thousand Dollars

($50,000.00) for multiple violations or transactions in a single

proceeding or a series of related proceedings; or

2. Prior to, concurrently with, or subsequent to an

administrative proceeding pursuant to paragraph 1 of this

subsection, bring an action in the district court of Oklahoma County

or the district court in any other county where service can be

obtained on one or more of the defendants to enjoin the acts or

practices and to enforce compliance with the Oklahoma Business

Opportunity Sales Act or any rule or order hereunder. In an action

under this section and upon a proper showing, the court may:

a. issue a permanent or temporary injunction, restraining

order, or declaratory judgment,

b. order other appropriate or ancillary relief which may

include:

(1) an asset freeze, accounting, writ of attachment,

writ of general or specific execution, and

appointment of a receiver or conservator, that

may be the Administrator, for the defendant or

the defendant's assets,

(2) ordering the Administrator to take charge and

control of a defendant's property including

investment accounts and accounts in a depository

institution, rents, and profits; to collect

debts; and to acquire and dispose of property,

(3) imposing a civil penalty in an amount not to

exceed Five Thousand Dollars ($5,000.00) for a

single violation or in an amount not to exceed

Two Hundred Fifty Thousand Dollars ($250,000.00)

for more than one violation; an order of

rescission, restitution, or disgorgement directed

to a person who has engaged in an act, practice,

or course of business constituting a violation of

this act or a rule adopted or order issued under

this act, and

(4) ordering the payment of prejudgment and

postjudgment interest, or

c. order such other relief as the court considers

appropriate.

Oklahoma Statutes - Title 71. Securities Page 177

B. Except as provided in subsection D of this section or unless

the right to notice and hearing is waived by the person against whom

the sanction is imposed, the sanctions provided in paragraph 1 of

subsection A of this section may be imposed only after notice and

opportunity for hearing as required by the Administrative Procedures

Act. If the person to whom notice is addressed does not request a

hearing within fifteen (15) days after the service of the notice, a

final order as provided for in subsection A of this section may be

issued.

C. For purposes of determining any sanction to be imposed under

subsection A of this section, the Administrator shall consider,

among other factors, the frequency and persistence of the conduct

constituting a violation of the Oklahoma Business Opportunity Sales

Act or a rule or order of the Administrator under the Oklahoma

Business Opportunity Sales Act, the number of persons adversely

affected by the conduct, and the resources of the person committing

the violation.

D. 1. If the Administrator makes written findings of fact to

support the conclusion that the public interest will be harmed by

delay in issuing a cease and desist order pursuant to paragraph 1 of

subsection A of this section, the Administrator may issue a summary

order pending the hearing required by subsection B of this section.

Upon the entry of the summary order, the Administrator shall

promptly notify the person subject to the summary order:

a. that the summary order has been entered and the

reasons therefor,
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delay in issuing a cease and desist order pursuant to paragraph 1 of

subsection A of this section, the Administrator may issue a summary

order pending the hearing required by subsection B of this section.

Upon the entry of the summary order, the Administrator shall

promptly notify the person subject to the summary order:

a. that the summary order has been entered and the

reasons therefor,

b. that the person subject to the summary order, if

desiring a hearing, must make written request for a

hearing to the Administrator within fifteen (15) days

after service of the notice is effective,

c. that within fifteen (15) days after receipt by the

Administrator of a written request the matter will be

set for hearing to determine whether the summary order

should be modified, vacated or extended pending final

determination of any proceeding under paragraph 1 of

subsection A of this section, and

d. that a hearing shall be commenced within fifteen (15)

days of the matter being set for hearing.

2. The summary order shall remain in effect until the

conclusion of the hearing on the summary order unless the

Administrator or the Administrator's designee extends the summary

order pending a final determination of any proceeding under

paragraph 1 of subsection A of this section. If no hearing is

requested and none is ordered by the Administrator, the summary

order will remain in effect until it is modified or vacated by the

Administrator or the Administrator's designee. If a request for

hearing on the summary order is timely made and if the hearing is

Oklahoma Statutes - Title 71. Securities Page 178

not commenced by the Administrator within the time limit set forth

above, the summary order shall dissolve and a cease and desist order

shall not be issued pursuant to paragraph 1 of subsection A of this

section except upon reasonable notice and opportunity for a hearing

as provided in subsection B of this section.

E. When the Administrator has authority to institute an action

or proceeding pursuant to this section, the Administrator may accept

an assurance of discontinuance of an act or practice that is alleged

to be unlawful under Section 819 of this title from the person who

is alleged to have engaged or be about to engage in the act or

practice. The assurance shall not constitute an admission of guilt.

The assurance may include a stipulation for any or all of the

following:

1. The voluntary payment by the person for the costs of

investigation;

2. An amount to be held in escrow pending the outcome of an

action; or

3. An amount for restitution to an aggrieved person.

An assurance of discontinuance shall be in writing and filed

with the Administrator. Unless rescinded by the parties or voided

by a court for good cause, the assurance may be enforced in the

district court of Oklahoma County by the parties to the assurance.

The assurance may be modified by the parties or by a court for good

cause.