§59-858-401. Penalties - Fines - Injunctions and restraining orders
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/ok/title-59-professions-and-occupations/59-858-401·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
- Appeals.
A. In addition to any other penalties provided by law, any person unlicensed pursuant to The Oklahoma Real Estate License Code who shall willingly, knowingly, or negligently violate any provision of this Code, upon conviction, shall be guilty of a misdemeanor punishable by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than six
(6)months, or by both such fine and imprisonment.
B. In addition to any civil or criminal actions authorized by law, whenever, in the judgment of the Oklahoma Real Estate Commission, any unlicensed person has engaged in any acts or practices which constitute a violation of the Oklahoma Real Estate License Code, the Commission may:
1. After notice and hearing, and upon finding a violation of the Code, impose a fine of not more than Five Thousand Dollars ($5,000.00) or the amount of the commission or commissions earned, whichever is greater for each violation of the Code for unlicensed activity;
2. Make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Commission that such person has engaged in any such acts or practices, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court, without bond; or
3. Impose administrative fines pursuant to this subsection which shall be enforceable in the district courts of this state. The order of the Commission shall become final and binding on all parties unless appealed to the district court as provided in the Administrative Procedures Act. If an appeal is not made, such order may be entered on the judgment docket of the district court in a county in which the debtor has property and thereafter enforced in the same manner as an order of the district court for collection actions.
C. Notices and hearings required by this section and any appeals from orders entered pursuant to this section shall be in accordance with the Administrative Procedures Act.
D. Such funds as collected pursuant to this section shall be deposited in the Oklahoma Real Estate Education and Recovery Fund. Added by Laws 1974, c. 121, § 401, operative July 1, 1974. Amended by Laws 1993, c. 54, § 2, eff. Sept. 1, 1993; Laws 2004, c. 142, § 3, eff. Nov. 1, 2004; Laws 2011, c. 29, § 2, eff. Nov. 1, 2011; Laws 2024, c. 159, § 12, eff. Nov. 1, 2024.