STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 1932	By:	Burrage

AS INTRODUCED

An Act relating to the Consumer Credit Code; amending 14A O.S. 2011, Section 6-108, which relates to administrative enforcement orders; providing for administrative fines; setting fine amounts; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     14A O.S. 2011, Section 6-108, is amended to read as follows:
Section 6-108.  (1)  After notice and hearing, the Administrator or the independent hearing examiner may order a creditor or a person acting in the creditor's behalf to cease and desist from engaging in violations of this title.
(2)  A respondent aggrieved by an order of the Administrator may obtain judicial review of the order as provided by the Administrative Procedures Act.  In such a review proceeding, the Administrator may apply for a decree enforcing the order.  All such proceedings shall be conducted and the court's authority in review shall be exercised in accordance with the provisions of the Administrative Procedures Act, with the following additions:
(a)	the court may grant any temporary relief or restraining order it deems just,
(b)	if the court affirms or modifies the order, it shall enter a decree enforcing and requiring compliance with the order as affirmed or as modified,
(c)	an objection to the order not urged at the hearing shall not be considered by the court unless the failure to urge the objection is excused for good cause shown, and
(d)	the copy of the testimony from the administrative hearing shall be available at reasonable times to all parties for examination without cost.
(3)  If no proceeding for review has been filed within the time specified by law, the Administrator or a representative may obtain from a court having jurisdiction over the respondent a decree for enforcement of the order upon a showing that the order was issued in compliance with this section, that no proceeding for review was initiated within the time specified by law, and that the respondent is subject to the jurisdiction of the court.
(4)  With respect to unconscionable agreements or fraudulent or unconscionable conduct by the respondent, the Administrator or a representative may not issue an order pursuant to this section but may bring a civil action for an injunction under Section 6-111 of this title.
(5)  In order to ensure the effective supervision and enforcement of supervised lenders licensed pursuant to Section 3-508A of this title, the Administrator of Consumer Credit may, after notice and hearing pursuant to Article II of the Administrative Procedures Act, seek any relief against the supervised lender licensee authorized by subsection (1), (2) or (3) of this section and may impose an administrative fine in an amount not less than One Hundred Dollars ($100.00) nor more than Two Thousand Five Hundred Dollars ($2,500.00) for each violation of the Oklahoma Consumer Credit Code, not to exceed Five Thousand Dollars ($5,000.00) for all violations resulting from a single incident or transaction.
SECTION 2.  This act shall become effective November 1, 2014.

54-2-2963	NP	1/16/2014 6:16:56 PM