Enforcement actions – Injunctive relief.

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A. The Council may institute any action necessary to enforce compliance with any provision of the Oklahoma Beef Improvement and Market Development Act and rules promulgated pursuant to the Oklahoma Beef Improvement and Market Development Act. In addition to any other remedy provided by law, the Council may petition for injunctive relief.

B. 1. Any due and payable assessment required under the Oklahoma Beef Improvement and Market Development Act constitutes a personal debt of the person or marketing agent assessed.

2. In the event of failure of a person or marketing agent to remit any properly due assessment or sum, the Council in order to collect an assessment may bring an administrative action and may bring a civil action in district court against that person. If an action is brought in the district court, such action will be brought in the district court of any county in which the sale is conducted.

3. In addition to collection of the assessment, the Council may also collect a ten-percent-penalty assessment, the costs of enforcing the collection of the assessment, and any court costs.

4. The civil action in district court shall be tried and judgment rendered as in any other cause of action for debts due and payable. Any administrative hearing shall be conducted pursuant to the Administrative Procedures Act.

5. All assessments, penalty assessments, and enforcement costs recovered are due and payable to the Council.

Added by Laws 2004, c. 34, § 8, eff. Nov. 1, 2004.


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