Oklahoma Code § 63-4256

Title 63. Public Health And Safety: Civil proceedings
Open in Lexace · Ask the AI about this section
A.  The Attorney General, any district attorney or any aggrieved
person may institute civil proceedings against any person in any
court of competent jurisdiction seeking relief from conduct
constituting a violation of any provision of the Vessel and Motor
Chop Shop, Stolen and Altered Property Act.  If the plaintiff in
such a proceeding proves the alleged violation, or its threat, by a
preponderance of the evidence, any court of competent jurisdiction,
after due provision for the rights of innocent persons, shall grant
relief by entering any appropriate order or judgment, including, but
not limited to:
1.  Ordering any defendant to be divested of any interest in any
property;
2.  Imposing reasonable restrictions upon the future activities
or investments of any defendant, including prohibiting any defendant
from engaging in the same type of endeavor as the defendant was
engaged in previously;
3.  Ordering the suspension or revocation of a license, permit,
or prior approval granted by any public agency or any other public
authority; or
4.  Ordering the surrender of the charter of a corporation
organized under the laws of the state or the revocation of a
certificate authorizing a foreign corporation to conduct business
within the state upon finding that the board of directors or a
managerial agent acting on behalf of the corporation, in conducting
the affairs of the corporation, has authorized or engaged in conduct
made unlawful by the Vessel and Motor Chop Shop, Stolen and Altered
Property Act and that, for the prevention of future criminal
conduct, the public interest requires the charter of the corporation
be surrendered and the corporation dissolved or the certificate
revoked.
B.  In a proceeding under this section, injunctive relief shall
be granted in conformity with the principles that govern the
granting of relief from injury or threatened injury in other cases,
but no showing of special or irreparable injury shall have to be
made.  Pending final determination of a proceeding under this
section, a temporary restraining order or a preliminary injunction
may be issued upon a showing of immediate danger of significant
injury, including the possibility that any judgment for money
damages might be difficult to execute, and, in a proceeding
initiated by an aggrieved person, upon the execution of proper bond
against injury for an injunction improvidently granted.
C.  Any person injured, directly or indirectly, by conduct
constituting a violation by any person of Section 3 of this act
shall, in addition to any other relief, have a cause of action for
threefold the actual damages sustained by the person.

D.  A final judgment or decree rendered against the defendant in
any civil or criminal proceeding shall estop the defendant in any
subsequent civil action or proceeding brought by any person as to
all matters as to which the judgment or decree would be an estoppel
as between the parties to the civil or criminal proceeding.
E.  Notwithstanding any other provision of law providing a
shorter period of limitations, a civil action under this section may
be commenced at any time within five (5) years after the conduct
made unlawful under Section 3 of this act terminates or the cause of
action accrues or within any longer statutory period that may be
applicable.  If any action is brought by a prosecutor to punish,
prevent or restrain any activity made unlawful under Section 3 of
this act, the running of the period of limitations shall be
suspended during the pendency of such action and for two (2) years
following its termination.
F.  Personal service of any process in an action under this
section may be made upon any person outside the state if the person
has engaged in any conduct constituting a violation of Section 3 of
this act in this state.  The person shall be deemed to have thereby
submitted to the jurisdiction of the courts of this state for the
purposes of this provision.
G.  Obtaining any civil remedy under this section shall not
preclude obtaining any other civil or criminal remedy under either
this act or any other provision of law.  Civil remedies under this
section are supplemental and not mutually exclusive.

‹ Prev All Oklahoma sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.