- A. Any person, registrant, manufacturer, or agent who violates any of the provisions of the Oklahoma Agricultural Liming Materials Act or rules promulgated thereunder, upon conviction, shall be guilty of a misdemeanor. In all prosecutions of the Oklahoma Agricultural Liming Materials Act involving the composition of agriculture lime, a certified copy of the official analysis certified by the Board or the chemist in charge of making the analysis shall be accepted as prima facie evidence.
- B. If, after public hearing in accordance with the Administrative Procedures Act, the Board shall find any person to be in violation of the Oklahoma Agricultural Liming Materials Act, the Board shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) for each violation.
- C. If the Board finds any deficient inspection fees due, as a result of an audit of the records of any person subject to the provisions of the Oklahoma Agricultural Liming Materials Act, the Board shall assess a penalty fee of ten percent (10%) maximum not to exceed Two Thousand Dollars ($2,000.00) of amount due, or One Hundred Dollars ($100.00), whichever is greater. The audit penalty shall be added to the deficient inspection fees due and payment made within thirty (30) days.
- D. All administrative penalties collected pursuant to this section shall be deposited in the State Department of Agriculture Revolving Fund.
Amended by Laws 1986, c. 151, § 4, eff. Nov. 1, 1986; Laws 1991, c. 89, § 9, eff. Sept. 1, 1991.