A. In addition to any administrative or civil penalty, any person who violates any of the provisions of the Oklahoma Asbestos Control Act or who violates any rule or order promulgated pursuant thereto shall be guilty of a misdemeanor and may be enjoined from continuing such action. Upon conviction thereof, the violator shall be punished by imprisonment in the county jail for not more than six (6) months or by a fine of not less than One Hundred Dollars ($100.00), or both such fine and imprisonment. Each day's violations shall constitute a separate violation.
B. The Attorney General shall, upon request of the Commissioner, bring an action for injunction against any person violating any provision of the Oklahoma Asbestos Control Act or violating any order or determination of the Commissioner. In any action for injunction, any finding of the Commissioner, after notice, shall be prima facie evidence of the facts found therein.
C. A district attorney, upon request of the Commissioner, shall prosecute any violation of the Oklahoma Asbestos Control Act.
D. The Commissioner of Labor may promulgate rules establishing a schedule of administrative penalties and fines for violations of the Oklahoma Asbestos Control Act which may be in addition to or in lieu of the criminal penalties provided in this section. The promulgation of an administrative fine schedule shall grant the Commissioner authority to impose those administrative fines for any violation of the Oklahoma Asbestos Control Act. Funds collected as payment from a violator for administrative fines imposed for a violation of the Oklahoma Asbestos Control Act shall be deposited to the Department of Labor Administrative Penalty Revolving Fund created in Section 3 of this act.
Added by Laws 1982, c. 101, § 6, eff. Oct. 1, 1982. Amended by Laws 1993, c. 145, § 269, eff. July 1, 1993; Laws 2016, c. 82, § 6, eff. Nov. 1, 2016.
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