A. Any person who engages in business as a health spa without first being properly registered with the Administrator of Consumer Credit as prescribed in the Oklahoma Health Spa Act or who otherwise violates any provision of the Oklahoma Health Spa Act, upon conviction, shall be guilty of a misdemeanor and shall be punished by the imposition of a fine not to exceed Five Thousand Dollars ($5,000.00) or imprisonment in the county jail for not more than one (1) year, or by both such fine and imprisonment.
B. The provisions of Title 14A of the Oklahoma Statutes shall also apply to those health spas registered pursuant to the Oklahoma Health Spa Act.
C. The Oklahoma Health Spa Act shall only govern those health spa contracts or membership agreements executed after November 1, 1987.
D. The Administrator shall appoint an independent hearing examiner to conduct all administrative hearings involving alleged violations of the Oklahoma Health Spa Act. The independent hearing examiner shall have authority to exercise all powers granted by Article II of the Administrative Procedures Act in conducting hearings. The independent hearing examiner shall have authority to recommend penalties authorized by the Oklahoma Health Spa Act and issue proposed orders, with proposed findings of fact and proposed conclusions of law, to the Administrator pursuant to Article II of the Administrative Procedures Act. The Administrator shall review the proposed order and issue a final agency order in accordance with Article II of the Administrative Procedures Act. A final agency order issued by the Administrator shall be appealable by all parties to the district court as provided in Article II of the Administrative Procedures Act. The costs of the hearing examiner may be assessed by the hearing examiner against the respondent, unless the respondent is the prevailing party.
E. After notice and hearing, the Administrator may decline to renew a registration, or suspend or revoke any registration issued pursuant to the Oklahoma Health Spa Act or any rules promulgated by the Administrator, or in lieu of or in addition to such denial, suspension or revocation, order the refund of any unlawful charges, or enter a cease and desist order.
F. Any entity or individual offering to engage or engaged as a health spa in this state without a license shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000.00).
G. The Administrator may impose a civil penalty as prescribed in subsection F of this section, after notice and hearing in accordance with Article II of the Administrative Procedures Act. Any administrative order or settlement agreement imposing a civil penalty pursuant to this section may be enforced as in the same manner as civil judgments in this state. The Administrator may file an application to enforce an administrative order or settlement agreement imposing a civil penalty in the district court of Oklahoma County.
Added by Laws 1987, c. 217, § 11, eff. Nov. 1, 1987. Amended by Laws 1988, c. 215, § 8, eff. Nov. 1, 1988. Renumbered from § 775.9 of Title 15 by Laws 1988, c. 215, § 12, eff. Nov. 1, 1988. Amended by Laws 1991, c. 96, § 8, eff. Sept. 1, 1991; Laws 2010, c. 415, § 24, eff. July 1, 2010.