§47-230.9.

§47-230.9.
   
   A. The transportation of any property in commerce, including hazardous
   materials or the transportation of passengers for compensation or for
   hire by bus, that is not in compliance with the Oklahoma Motor Carrier
   Safety and Hazardous Materials Transportation Act or the rules and
   regulations issued pursuant thereto, is prohibited.
   
   B. Pursuant to the provisions of this section and except as otherwise
   provided by subsection D of this section, any person who is determined
   by the Commissioner to have committed:
   
   1. An act which is a violation of a recordkeeping requirement of this
   title or of any rule or regulation promulgated thereto or the Federal
   Motor Carrier Safety Act of 1984, such person shall be liable to the
   State of Oklahoma for an administrative penalty not to exceed One
   Hundred Dollars ($100.00) for each offense, provided that the total of
   all administrative penalties assessed against any violator pursuant to
   this paragraph for all offenses related to any single violation shall
   not exceed Five Hundred Dollars ($500.00);
   
   2. An act or acts other than recordkeeping requirements, which
   evidences a serious pattern of safety violations, as determined by the
   Commissioner, such person shall be liable to the State of Oklahoma for
   an administrative penalty not to exceed Two Hundred Dollars ($200.00)
   for each offense, provided the maximum fine for each pattern of safety
   violations shall not exceed One Thousand Dollars ($1,000.00). The
   Commissioner may consider present and prior offenses in determining a
   serious pattern of safety violations; or
   
   3. An act or acts which evidences to the Commissioner, that a
   substantial health or safety violation exists or has occurred which
   could reasonably lead to or has resulted in serious personal injury or
   death, such person shall be liable to the State of Oklahoma for an
   administrative penalty not to exceed One Thousand Dollars ($1,000.00)
   for each offense.
   
   C. Each day of violation as specified in subsection B of this section
   shall constitute a separate single violation/offense.
   
   D. Except for recordkeeping violations, no administrative penalty
   shall be assessed pursuant to the provisions of this section, against
   an employee of any person subject to the provisions of the Oklahoma
   Motor Carrier Safety and Hazardous Materials Transportation Act for a
   violation unless the Commissioner determines that such actions of the
   employee constituted gross negligence or reckless disregard for safety
   in which case such employee shall be liable for an administrative
   penalty not to exceed One Thousand Dollars ($1,000.00).
   
   E. In determining the amount of any administrative penalty and the
   reasonable amount of time for abatement of the violation, the
   Commissioner 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, history of prior offenses, effect on ability to
   continue to do business and such other matters as justice and public
   safety may require. In each case, the assessment shall be calculated
   to induce further compliance.
   
   F. The Commissioner or his designated representative shall assess the
   amount of any administrative penalty, after notice and an opportunity
   for hearing, by written notice to the violator together with notice of
   findings in the case. An appeal therefrom may be made to the district
   court of Oklahoma County pursuant to the provisions of Sections 318
   through 323 of Title 75 of the Oklahoma Statutes.
   
   G. An administrative penalty assessed by the Commissioner may be
   recovered in an action brought by the Attorney General on behalf of
   the State of Oklahoma or by the Commissioner in the appropriate
   district court of the State of Oklahoma. Before referral to the
   Attorney General such administrative penalty may be compromised by the
   Commissioner.
   
   H. All administrative penalties collected pursuant to the provisions
   of this act shall be deposited in the General Revenue Fund of the
   State of Oklahoma.