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 Oklahoma Statutes (Last Updated: September 18, 2014)
 Title 14A. CONSUMER CREDIT CODE

  § 14A-6-108. Administrative enforcement orders - Review.  

Latest version.

  • (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.

Added by Laws 1969, c. 352, § 6-108, eff. July 1, 1969.  Amended by Laws 2000, c. 217, § 24, eff. July 1, 2000.