§ 40. Failure to secure compensation--Summary hearing--Penalties
Oklahoma Statutes AnnotatedTitle 85A. Workers’ CompensationEffective: May 28, 2021
Effective: May 28, 2021
85A Okl.St.Ann. § 40
§ 40. Failure to secure compensation--Summary hearing--Penalties
B. 1. Whenever the Workers' Compensation Commission has reason to believe that any employer required to secure the payment of compensation under the Administrative Workers' Compensation Act has failed to do so, the Commission shall serve on the employer a proposed judgment declaring the employer to be in violation of the Administrative Workers' Compensation Act and containing the amount, if any, of the civil penalty to be assessed against the employer under paragraph 5 of this subsection.
c. If a written request for hearing is not filed with the Commission within the time specified in subparagraph a of this paragraph, the proposed judgment, the proposed penalty or both, shall be a final judgment of the Commission and shall not be subject to further review by any court, except if the employer shows good cause why it did not timely contest the judgment or penalty.
5. The Commission may assess a fine against an employer who fails to secure the payment of compensation in an amount up to One Thousand Dollars ($1,000.00) per day of violation payable to the Workers' Compensation Commission Revolving Fund, not to exceed a total of Fifty Thousand Dollars ($50,000.00) for the first violation.
6. If an employer fails to secure the payment of compensation or pay any civil penalty assessed against the employer after a judgment issued under this section has become final by operation of law or on appeal, the Commission may petition the Oklahoma County District Court or the district court of the county where the employer's principal place of business is located for an order enjoining the employer from engaging in further employment until such time as the employer secures the payment of compensation or makes full payment of all civil penalties.
7. Upon any penalty becoming final under this section, the Commission may institute collection proceedings against any assets of the employer independently or in district court including, but not limited to, an asset hearing, garnishment of income and wages, judgment lien or an intercept of an income tax refund consistent with Section 205.2 of Title 68 of the Oklahoma Statutes.
8. Information subject to subsection A or B of Section 4-508 of Title 40 of the Oklahoma Statutes may be disclosed to the employees of the Commission for purposes of investigation and enforcement of workers' compensation coverage requirements pursuant to this title, and such information shall be admissible in any hearing before an administrative law judge of the Commission.
Credits
Laws 2013, c. 208, § 40, eff. Feb. 1, 2014; Laws 2019, c. 476, § 16, emerg. eff. May 28, 2019; Laws 2021, c. 583, § 2, emerg. eff. May 28, 2021.
85A Okl. St. Ann. § 40, OK ST T. 85A § 40
Current with emergency effective legislation through Chapter 3 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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