Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
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2 1st Session of the 60th Legislature (2025)
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3 SENATE BILL 389 By: Jech
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6 AS INTRODUCED
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7 An Act relating to workers' compensation; amending
7 85A O.S. 2021, Section 40, which relates to failure
8 to secure compensation; granting Attorney General
8 concurrent authority with the Oklahoma Workers'
9 Compensation Commission to investigate and enforce
9 certain violations; authorizing certain inspections
10 for specified purpose; updating statutory language;
10 and declaring an emergency.
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1 3 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 85A O.S. 2021, Section 40, is
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1 5 amended to read as follows:
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16 Section 40. A. 1. Any employer who fails to secure
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1 7 compensation required under the Administrative Workers' Compensation
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1 8 Act, upon conviction, shall be guilty of a misdemeanor and subject
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1 9 to a fine of up to Ten Thousand Dollars ($10,000.00) to be deposited
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2 0 in the Workers' Compensation Commission Revolving Fund.
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21 2. The Attorney General shall have concurrent authority with
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2 2 the Oklahoma Workers' Compensation Commission to investigate and
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2 3 enforce any violation of the laws of this state regarding workers'
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1 compensation and may perform unannounced on-site inspections of any
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2 employer to determine compliance with this section.
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3 3. This subsection shall not affect any other liability of the
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4 employer under the Administrative Workers' Compensation Act.
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5 B. 1. Whenever the Oklahoma Workers' Compensation Commission
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6 has reason to believe that any employer required to secure the
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7 payment of compensation under the Administrative Workers'
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8 Compensation Act has failed to do so, the Commission shall serve on
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9 the employer a proposed judgment declaring the employer to be in
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1 0 violation of the Administrative Workers' Compensation Act and
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1 1 containing the amount, if any, of the civil penalty to be assessed
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1 2 against the employer under paragraph 5 of this subsection.
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13 2. a. An employer may contest a proposed judgment of the
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14 Commission issued under paragraph 1 of this subsection
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15 by filing with the Commission, within twenty (20) days
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16 of receipt of the proposed judgment, a written request
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17 for a hearing.
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18 b. The request for a hearing does not need to be in any
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19 particular form but shall specify the grounds on which
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20 the person contests the proposed judgment, the
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21 proposed assessment, or both.
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22 c. If a written request for hearing is not filed with the
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23 Commission within the time specified in subparagraph a
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24 of this paragraph, the proposed judgment, the proposed
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1 penalty or both, shall be a final judgment of the
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2 Commission and shall not be subject to further review
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3 by any court, except if the employer shows good cause
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4 why it did not timely contest the judgment or penalty.
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5 d. A proposed judgment by the Commission under this
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6 section shall be prima facie correct, and the burden
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7 is on the employer to prove that the proposed judgment
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8 is incorrect.
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9 3. a. If the employer alleges that a carrier has contracted
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10 to provide it workers' compensation insurance coverage
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11 for the period in question, the employer shall include
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12 the allegation in its request for hearing and shall
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13 name the carrier.
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14 b. The Commission shall promptly notify the carrier of
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15 the employer's allegation and of the date of hearing.
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16 c. The carrier shall promptly, and no later than five (5)
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17 days before the hearing, respond in writing to the
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18 employer's allegation by providing evidence of
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19 coverage for the period in question or by
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20 affirmatively denying the employer's allegation.
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21 4. Hearings under this section shall be procedurally conducted
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2 2 as provided in Sections 69 through 78 of this title.
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23 5. The Commission may assess a fine against an employer who
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2 4 fails to secure the payment of compensation in an amount up to One
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1 Thousand Dollars ($1,000.00) per day of violation payable to the
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2 Workers' Compensation Commission Revolving Fund, not to exceed a
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3 total of Fifty Thousand Dollars ($50,000.00) for the first
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4 violation.
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5 6. If an employer fails to secure the payment of compensation
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6 or pay any civil penalty assessed against the employer after a
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7 judgment issued under this section has become final by operation of
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8 law or on appeal, the Commission may petition the Oklahoma County
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9 District Court or the district court of the county where the
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1 0 employer's principal place of business is located for an order
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1 1 enjoining the employer from engaging in further employment until
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1 2 such time as the employer secures the payment of compensation or
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1 3 makes full payment of all civil penalties.
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14 7. Upon any penalty becoming final under this section, the
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1 5 Commission may institute collection proceedings against any assets
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1 6 of the employer independently or in district court including, but
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1 7 not limited to, an asset hearing, garnishment of income and wages,
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1 8 judgment lien or an intercept of an income tax refund consistent
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1 9 with Section 205.2 of Title 68 of the Oklahoma Statutes.
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20 8. Information subject to subsection A or B of Section 4-508 of
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2 1 Title 40 of the Oklahoma Statutes may be disclosed to the employees
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2 2 of the Commission for purposes of investigation and enforcement of
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2 3 workers' compensation coverage requirements pursuant to this title,
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1 and such information shall be admissible in any hearing before an
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2 administrative law judge of the Commission.
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3 9. Litigation files and investigatory reports of the Commission
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4 arising from enforcement of the provisions of this section shall be
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5 confidential pursuant to Section 24A.12 of Title 51 of the Oklahoma
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6 Statutes.
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7 SECTION 2. It being immediately necessary for the preservation
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8 of the public peace, health or safety, an emergency is hereby
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9 declared to exist, by reason whereof this act shall take effect and
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1 0 be in full force from and after its passage and approval.
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Req. No. 1145 Page 5Every fact on this page links to its source, starting with the official bill record.