to be awarded — Exceptions. A. No civil penalty may be awarded in an action brought by or on behalf of an administrative agency of this state against any person or legal entity for conduct that would also be the subject of a suit at common law in which the defendant would be entitled to trial by jury before a court established under the Oklahoma Constitution, except after a trial by jury before such court. B. The provisions of subsection A of this section shall not apply to a summary judgment rendered in compliance with Title 12 of the Oklahoma Statutes and any precedents establishing the standards for summary judgment. Such requirement shall not apply to a civil case in a court proceeding in equity jurisdiction that, prior to the passage of this act, did not involve a right to a trial by jury before a court established under the Oklahoma Constitution.
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