reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 40. Labor › §40-3-610. Management of funds of unemployment trust fund.

MANAGEMENT OF FUNDS OF UNEMPLOYMENT TRUST FUND. If and when the unemployment trust fund in the Treasury of the United States, ceases to exist, or such separate book account of the unemployment trust fund is no longer maintained, all moneys belonging to the unemployment compensation fund of this state shall be administered by the Commission as a trust fund for the purpose of paying benefits under this act, and the Commission shall have authority to hold, invest, transfer, sell, deposit, and release such moneys, and any properties, securities, or earnings acquired as an incident to such administration; provided, that such moneys shall be invested in the following readily marketable classes of securities: Bonds or other interest-bearing obligations of the United States of America or guaranteed both as to interest and principal by the United States; provided further, that such investment shall at all times be so made that all the assets of the fund shall always be readily convertible into cash when needed for the payment of benefits. The Treasurer shall dispose of securities or other properties belonging to the unemployment compensation fund only under the direction of the Commission.
Added by Laws 1980, c. 323, § 3-610, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-702. Payments by the state subdivisions and instrumentalities in lieu of contributions.

PAYMENTS BY THE STATE SUBDIVISIONS AND INSTRUMENTALITIES IN LIEU OF CONTRIBUTIONS. In lieu of contributions required of employers under the Employment Security Act of 1980, as provided by this act, the State of Oklahoma and its instrumentalities shall pay each quarter beginning after March 31, 1978, including any political subdivision and its instrumentalities after December 31, 1977, one percent (1%) of taxable wages, as defined in this act, paid to employees covered by this act. Such payments made in lieu of contributions shall be paid on or before the last day of the month following the calendar quarter to be reported and shall be paid into the Unemployment Compensation Fund.
Added by Laws 1980, c. 323, § 3-702, eff. July 1, 1980. Amended by Laws 1994, c. 195, § 6, emerg. eff. May 16, 1994.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-703. Benefits and extended benefits paid from unemployment security fund.

BENEFITS AND EXTENDED BENEFITS PAID FROM UNEMPLOYMENT SECURITY FUND. All regular benefits and extended benefits, as defined by this act, paid to individuals who were employees of the state and political subdivisions and their instrumentalities and which were based on wages paid by the state and political subdivisions and their instrumentalities shall be paid from the benefit account of the Unemployment Compensation Fund.
Added by Laws 1980, c. 323, § 3-703, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-704. Benefits based on wages paid both by the state and other employers.

BENEFITS BASED ON WAGES PAID BOTH BY THE STATE AND OTHER EMPLOYERS. If benefits paid an individual are based on wages paid by both the state and one or more other employers subject to this act, the amount to be included as state benefit payments shall bear the same ratio to the total benefits paid to the individual as the base period wages as defined by this act, paid to the individual by the state bear to the total amount of base period wages paid to the individual by all his base period employers, as defined by this act.
Added by Laws 1980, c. 323, § 3-704, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-705. Election to become liable for reimbursement payments.

ELECTION TO BECOME LIABLE FOR REIMBURSEMENT PAYMENTS. (1) Any governmental organization, as described in Section 1-208(7) and (8) including their instrumentalities, which is or becomes subject to this act after December 31, 1977, may elect to become liable for reimbursement payments in lieu of contributions in the same manner and subject to the same provisions that apply to reimbursing nonprofit organizations as provided in Part 8 of Article 3, including formation of group accounts, and the proportionate allocation of benefit costs, applicable to reimbursing nonprofit organizations as provided in Part 8 of Article 3, except that one hundred percent (100%) of the extended benefits attributable to governmental entities will be reimbursed after January 1, 1979. In lieu of making reimbursement payments in the manner provided in Part 8 of Article 3, a governmental organization authorized to raise revenue as provided in Article X, Section 28, of the Oklahoma Constitution may elect by resolution filed with the Commission to make reimbursement payments after receipt of the notice of the full amount due that is equal to the regular benefits and extended benefits paid by the Commission during each quarter after January 1, 1978, and is attributable to service in the employ of the governmental organization.
(2) If such amount is not paid into the unemployment compensation fund by such governmental organization by the due date, the Commission may file in the office of the court clerk of the county in which the situs of the governmental organization is located a certified copy of its notice of the full amount due, regardless of any minimum, and including any interest or penalty that may be assessed.
(3) The amount so certified shall be entered on the judgment docket of the district court and shall have the same force and be subject to the same law as judgments of the district court and paid in the manner provided for payment of judgments against subdivisions of government as set forth in Sections 365.1 through 365.6 of Title 62 of the Oklahoma Statutes. The Commission is hereby authorized to sell and assign to the State Treasurer any judgments against such governmental organization as herein provided.
Added by Laws 1980, c. 323, § 3-705, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-706. Benefits that do not apply in the computation of state experience factor.

BENEFITS THAT DO NOT APPLY IN THE COMPUTATION OF STATE EXPERIENCE FACTOR. Benefits paid to former employees of governmental entities, except for benefits paid to such employees based upon wages paid by other than governmental entities, shall not be considered as benefits for the purpose of Section 3-108, nor shall any wages of governmental entities be used as benefit wages for the purpose of Section 3-108.
Added by Laws 1980, c. 323, § 3-706, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-707. State pledge.

STATE PLEDGE. The State of Oklahoma recognizes its obligation under this act and hereby pledges the faith of the state that funds which are to be dispersed by the state to any organization, instrumentality of the state or its political subdivisions will be available to insure payments required under this act.
Added by Laws 1980, c. 323, § 3-707, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-708. Delinquent payments.

DELINQUENT PAYMENTS. If the Commission finds that any organization, instrumentality of the state or its political subdivisions, including public trusts, has become delinquent with payments required under the act and following the Commission's written request for such payment, has for sixty (60) days or more thereafter refused or failed to pay amounts due and required under this act, the Commission shall notify the State Budget Director of such delinquency and total amount due. The Budget Director shall authorize payment of such amounts from any funds deposited with the State Treasurer, which would otherwise be due from the state to such organization, instrumentality or political subdivision.
Added by Laws 1980, c. 323, § 3-708, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-801. Applicability.

APPLICABILITY.
Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this part. For the purpose of this part, a nonprofit organization is an organization or group of organizations defined in paragraph (4) of Section 1-210 of this title.
Added by Laws 1980, c. 323, § 3-801, eff. July 1, 1980. Amended by Laws 1997, c. 30, § 17, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-802. Contributions.

CONTRIBUTIONS. Any such nonprofit organization which is, or becomes, subject to this act, on or after January 1, 1972, shall report and pay contributions to the Commission in the same time, manner and amounts as required of nongovernmental employers for profit subject to this act subject, except as herein provided, to the same rights, remedies, obligations and penalties as a nongovernmental employer for profit.
Added by Laws 1980, c. 323, § 3-802, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-803. Election to make payments in lieu of contributions.

ELECTION TO MAKE PAYMENTS IN LIEU OF CONTRIBUTIONS. A nonprofit organization may elect, in accordance with this section, in lieu of contributions, to pay to the Commission for the unemployment compensation fund an amount equal to the amount of regular benefits and of one-half (1/2) of the extended benefits paid in accordance with this act that is attributable to service in the employ of such nonprofit organization for weeks of unemployment which begin during the effective period of such election, regardless of reason for separation.
Added by Laws 1980, c. 323, § 3-803, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-804. Period of election - Organizations subject to act after January 1, 1972.

PERIOD OF ELECTION - ORGANIZATIONS SUBJECT TO ACT AFTER JANUARY 1, 1972. Any nonprofit organization which becomes subject to this act on or after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than the remainder of the calendar year in which subjectivity occurs and the next two (2) succeeding calendar years by filing a written notice of its election with the Commission not later than thirty (30) days immediately following the date of the determination of such subjectivity.
Added by Laws 1980, c. 323, § 3-804, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-805. Written notice of termination of election required.

WRITTEN NOTICE OF TERMINATION OF ELECTION REQUIRED. Any nonprofit organization which makes an election in accordance with Section 3-804 of this act will continue to be liable for payments in lieu of contributions until it files with the Commission a written notice terminating its election not later than the last day of January immediately following the beginning of the calendar year for which such termination shall first be effective. After such termination such employer shall be treated as a newly subject nongovernmental employer for profit under the Oklahoma Employment Security Act for purposes of determining such organization's contribution rate.
Added by Laws 1980, c. 323, § 3-805, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-807. Payment of in-lieu contributions - Benefits based on wages paid by more than one employer.

PAYMENT OF IN-LIEU CONTRIBUTIONS - BENEFITS BASED ON WAGES PAID BY MORE THAN ONE EMPLOYER. (1) Each employer that is liable for payments in lieu of contributions shall pay to the Commission for the fund the amount of regular benefits plus the amount of one-half (1/2) of extended benefits paid that are attributable to service in the employ of such employer. If benefits paid to an individual are based on wages paid by more than one employer under this act and one or more of such employers are liable for payments in lieu of contributions, the amount payable to the fund by each employer that is liable for such payments shall be determined in accordance with the provisions of subsection (2) or subsection (3) of this section.
(2) If benefits paid to an individual are based on wages paid by one or more employers that are liable for contributions under this act, the amount of benefits payable by each employer that is liable for payments in lieu of contributions shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages, as defined by this act, paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers, as defined by this act.
(3) If benefits paid to an individual are based on wages paid by two or more employers that are liable for payments in lieu of contributions, the amount of benefits payable by each such employer shall be an amount which bears the same ratio to the total benefits paid to the individual as the total base period wages paid to the individual by such employer bear to the total base period wages paid to the individual by all of his base period employers.
(4) Amounts paid that are to be reimbursed under this section shall not be considered as benefits for the purposes of this act, nor shall any benefit wages be created under this act by such payments.
Added by Laws 1980, c. 323, § 3-807, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-808. Election to become reimbursing employer.

ELECTION TO BECOME REIMBURSING EMPLOYER. Any nonprofit organization which had been liable for paying contributions for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the Commission not later than the last day of January immediately following the beginning of any calendar year a written notice of election to become liable for payments in lieu of contributions. Such election shall not be terminable by the organization for that and the next calendar year.
Added by Laws 1980, c. 323, § 3-808, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-3-810. Commission to provide notice of determinations.

COMMISSION TO PROVIDE NOTICE OF DETERMINATIONS. The Commission, in accordance with such rules as it may prescribe, shall notify each nonprofit organization, or group of organizations, of any determination which it may make of its status as an employer and of the effective date of any election which it makes and of any termination of such election. Such determinations shall be subject to reconsideration, appeal and review in accordance with the provisions of this act.
Added by Laws 1980, c. 323, § 3-810, eff. July 1, 1980. Amended by Laws 1993, c. 219, § 31, eff. Sept. 1, 1993.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-102. Composition.

COMPOSITION. There is hereby created a Commission to be known as the Oklahoma Employment Security Commission. The Commission shall consist of five (5) members, appointed by the Governor, by and with the consent of the Oklahoma State Senate, two of whom shall represent employers, two shall represent employees, and one shall represent the public. The representative of the public shall be the Chairman of the Commission. New appointments shall be made within ninety (90) days after any vacancy occurs in the membership.
Added by Laws 1980, c. 323, § 4-102, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-103. Qualifications.

QUALIFICATIONS. Each member of such Commission shall be a citizen of the United States, and at the time of appointment shall be, and for more than five (5) years shall have been, a bona fide resident and qualified voter of the State of Oklahoma, and shall be not less than thirty (30) years of age at the time of appointment.
During his term of membership on the Commission, no member shall serve as an officer or committee member of any political party organization.
Added by Laws 1980, c. 323, § 4-103, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-104. Term of office.

TERM OF OFFICE. Each member shall hold office for a term of six (6) years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) the terms of office of the members first taking office after the date of enactment of this act shall expire, as designated by the Governor at the time of appointment, two at the end of two (2) years, one a representative of employers, and one a representative of employees; two at the end of four (4) years, one a representative of employers, one a representative of employees; and one, the representative of the public, at the end of six (6) years after the date of enactment of this act. The members of the Commission who are serving at the time this bill is enacted shall continue to serve for the remainders of their respective terms without interruption by reason of this enactment.
Added by Laws 1980, c. 323, § 4-104, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-105. Removal by the Governor.

REMOVAL BY THE GOVERNOR. The Governor may, at any time, after notice and hearing, remove any Commissioner for cause, and such Commissioner sought to be thus removed shall, if he so desires, be given a copy of the charges brought against him, and be given an opportunity of being publicly heard in person, or by counsel, upon not less than ten (10) days' notice. Such hearing shall be had before the Governor of the State of Oklahoma. If such Commissioner be removed, the Governor shall file in the office of the Secretary of State a complete statement of all charges made against such Commissioner, and a complete record of the Governor's proceedings and his findings thereon.
Added by Laws 1980, c. 323, § 4-105, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-106.1. Compensation and travel expenses.

In addition to reimbursement for travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes, each Commissioner shall receive Fifty Dollars ($50.00) for each Commission meeting attended, not to exceed Six Hundred Dollars ($600.00) per annum.
Added by Laws 1992, c. 318, § 8, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-108. Executive Director.

EXECUTIVE DIRECTOR.
The chief executive officer of the Commission shall be the Executive Director who shall be appointed by and serve at the pleasure of the Commission. The Executive Director shall have such compensation and further duties as the Commission may establish. The Executive Director may hire, promote and terminate personnel, and shall fix the qualifications and duties of such personnel.
Added by Laws 1980, c. 323, § 4-108, emerg. eff. June 13, 1980. Amended by Laws 1982, c. 304, § 20, operative Oct. 1, 1982; Laws 1992, c. 318, § 11, eff. July 1, 1992; Laws 1995, c. 340, § 23, eff. July 1, 1995; Laws 2003, c. 177, § 7, eff. Nov. 1, 2003; Laws 2005, c. 182, § 10, eff. Nov. 1, 2005; Laws 2021, c. 424, § 14, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-109. Service of process.

SERVICE OF PROCESS.
If the Oklahoma Employment Security Commission is sued, or if its officers or employees are sued in their official capacities, the service of all legal process pursuant to Section 2004 of Title 12 of the Oklahoma Statutes and of all extrajudicial notices which may be required in writing shall be made on the Executive Director at the official office of the Commission as set out in Administrative Rule 240:1-1-5. This section shall not apply to appeals brought under Article 2, Part 6 and Article 3, Part 4 of the Employment Security Act of 1980. Service of process in Article 2, Part 6 and Article 3, Part 4, shall be made pursuant to the procedures set out by the statutes in those parts and the administrative rules implementing those statutes. This section shall not be construed to waive any immunity created by constitution or statute that applies to the Oklahoma Employment Security Commission, its officers or employees or this state.
Added by Laws 2007, c. 354, § 13, eff. Nov. 1, 2007.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-202. Creation.

CREATION. There shall be created at such time as is necessary for the proper administration of this act a Board of Review, consisting of three members appointed by the Governor for terms of six (6) years, except that the terms of the members first taking office shall be two (2), four (4) and six (6) years, respectively, as designated by the Governor at the time of appointment, and except that vacancies shall be filled by appointment by the Governor for the unexpired term.
Added by Laws 1980, c. 323, § 4-202, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-203. Salary.

SALARY.
Each member of the Board of Review shall be paid from the Employment Security Administration Fund a salary of Thirty Thousand Dollars ($30,000.00) per annum, payable biweekly, plus actual and necessary traveling expenses incurred in the performance of his or her duties as provided in the State Travel Reimbursement Act.
Added by Laws 1980, c. 323, § 4-203, emerg. eff. June 13, 1980. Amended by Laws 1981, c. 259, § 25, emerg. eff. June 25, 1981; Laws 1982, c. 304, § 21, operative Oct. 1, 1982; Laws 1990, c. 266, § 96, operative July 1, 1990; Laws 1999, c. 306, § 3, eff. July 1, 1999; Laws 2011, c. 256, § 14.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-204. No member to serve as an officer in a political organization.

NO MEMBER TO SERVE AS AN OFFICER IN A POLITICAL ORGANIZATION. No member of the Board of Review shall serve as an officer or committee member of any political party organization during his term of office.
Added by Laws 1980, c. 323, § 4-204, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-205. Temporary members.

TEMPORARY MEMBERS. In the event of the disqualification of one member of the Board of Review from the hearing and determination of a claim for benefits, the Governor shall designate a fourth, temporary member to serve as an alternative member. In the event of the disqualification of two or more members of the Board of Review from the hearing and determination on a claim for benefits, the Governor shall designate by appointment temporary members to serve as alternate members. Such alternates shall be paid traveling expenses incurred in the performance of their duties as provided in the State Travel Reimbursement Act. The Governor may at any time, after notice and hearing, remove any member for cause.
Added by Laws 1980, c. 323, § 4-205, emerg. eff. June 13, 1980. Amended by Laws 1985, c. 178, § 17, operative July 1, 1985; Laws 2022, c. 360, § 21, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-302. Commission shall publish rules and other material.

COMMISSION SHALL PUBLISH RULES AND OTHER MATERIAL. It shall be the duty of the Commission to administer this act; and it shall have the power and authority to adopt, amend, or rescind such rules, to employ such persons, make such expenditures, require such reports, make such investigations, and to take such other action as it deems necessary or suitable to that end.
Added by Laws 1980, c. 323, § 4-302, emerg. eff. June 13, 1980. Amended by Laws 1990, c. 333, § 13, emerg. eff. May 31, 1990.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-306. Report to Governor.

REPORT TO GOVERNOR. Not later than the fifteenth day of February of each year, the Commission shall submit to the Governor a report covering the administration and operation of this act during the preceding calendar year and shall make such recommendations for amendments to this act as the Commission shall deem proper. Such report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current contributions, which reserve shall be set up by the Commission in accordance with accepted actuarial principles on the basis of statistics of employment, business activity, and other relevant factors for the longest possible period.
Added by Laws 1980, c. 323, § 4-306, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-307. Changes in benefits or contribution rates.

CHANGES IN BENEFITS OR CONTRIBUTION RATES. Whenever the Commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the Governor, who may make to the Legislature recommendations with respect thereto.
Added by Laws 1980, c. 323, § 4-307, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-310.1. Adoption and promulgation of rules.

ADOPTION AND PROMULGATION OF RULES. The adoption and promulgation of all rules by the Oklahoma Employment Security Commission shall be in accordance with the procedures set forth in Article I of the Administrative Procedures Act.
Added by Laws 1990, c. 333, § 14, emerg. eff. May 31, 1990. Amended by Laws 2006, c. 176, §24, eff. July 1, 2006. Renumbered from § 4-310A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-311. Commission shall publish rules.

COMMISSION SHALL PUBLISH RULES.
The Oklahoma Employment Security Commission shall cause the text of Section 1-101 et seq. of this title, the Commission's rules, its annual reports to the Governor and any other material the Commission deems relevant and suitable to be published on the Commission website in a manner that can be accessed by the general public.
Added by Laws 1980, c. 323, § 4-311, emerg. eff. June 13, 1980. Amended by Laws 1990, c. 333, § 15, emerg. eff. May 31, 1990; Laws 1993, c. 219, § 32, eff. Sept. 1, 1993; Laws 2021, c. 424, § 15, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-312. Personnel and compensation.

PERSONNEL AND COMPENSATION.
Subject to other provisions of Section 1-101 et seq. of this title, the Oklahoma Employment Security Commission is authorized to appoint, fix the compensation and prescribe the duties and powers of such officers, accountants, attorneys, experts and other persons as may be necessary in the performance of its duties under Section 1-101 et seq. of this title. The Commission is authorized and directed to maintain the existing merit system covering all persons employed in the administration of this act and shall have authority, by rule, to provide for all matters which are appropriate to the establishment and maintenance of a merit system on the basis of efficiency and fitness. The Commission is authorized to adopt rules as may be necessary to meet personnel standards pursuant to the Social Security Act, as amended, and the Act of Congress entitled "An Act to provide for the establishment of a national employment system, and for other purposes", approved June 6, 1933, as amended.
Added by Laws 1980, c. 323, § 4-312, emerg. eff. June 13, 1980. Amended by Laws 1990, c. 333, § 16, emerg. eff. May 31, 1990; Laws 2012, c. 304, § 130; Laws 2021, c. 424, § 16, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-313. Commission to cooperate and comply with federal law.

COMMISSION TO COOPERATE AND COMPLY WITH FEDERAL LAW. In the administration of this act the Oklahoma Employment Security Commission shall cooperate to the fullest extent consistent with the provisions of this act, with the Social Security Act, as amended, and is authorized and directed to take such action, through the adoption of appropriate rules, administrative methods and standards, as may be necessary to secure to this state and its citizens all advantages available under the provisions of such act, under the provisions of Sections 1602 and 1603 of the Federal Unemployment Tax Act and under the provisions of the Act of Congress entitled "An Act to provide for the establishment of a national employment system and for cooperation with States in the promotion of such system, and for other purposes", approved June 6, 1933, as amended. The Commission shall comply with the regulations of the Secretary of Labor relating to the receipt or expenditure by this state of monies granted under any of such acts and shall make such reports, in such form and containing such information as the Secretary of Labor may from time to time require, and shall comply with such provisions as the Secretary of Labor may from time to time find necessary to assure the correctness and verification of such reports.
The Commission may afford reasonable cooperation with every agency of the United States charged with the administration of any unemployment insurance law.
Added by Laws 1980, c. 323, § 4-313, emerg. eff. June 13, 1980. Amended by Laws 1990, c. 333, § 17, emerg. eff. May 31, 1990.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-316. Purchase of real property.

PURCHASE OF REAL PROPERTY. If the Commission determines, to its satisfaction, that suitable quarters, office space or facilities are not readily obtainable, the Commission may enter into an agreement with the board of county commissioners of any county, with any state agency or public trust, or with any private person or entity, for the purchase of real property and any improvements or buildings thereon, for the purpose of providing office space to the Commission. The Commission shall not enter into any agreement under the provisions of this section unless one hundred percent (100%) federal financial participation is obtainable. All such agreements shall contain provisions regarding the financial participation therein by the parties to the agreement, the payments made for the purchase of such property, and the ownership of such real property, improvements and buildings thereon after payment of the cost of construction or renovation has been completed. All such provisions shall be consistent with the requirements necessary for the Commission to obtain or receive federal funds for such purpose. No purchase of any building shall occur without approval of the Legislature.
Added by Laws 1994, c. 349, § 1, eff. July 1, 1994.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-317. Employee recognition program.

EMPLOYEE RECOGNITION PROGRAM.
In order to establish a public employee benefit program to encourage outstanding performance in the workplace, the Oklahoma Employment Security Commission is hereby directed to establish an on-the-job employee performance recognition program which encourages outstanding job performance and productivity. The Commission is authorized to expend from monies available to it so much thereof as may be necessary for the purchase of recognition awards for presentation to the members of work units or individual employees with exceptional job performance records or for other significant contributions to the operation of the Commission. Recognition awards shall consist of any type of award authorized by the provisions of Section 4121 of Title 74 of the Oklahoma Statutes.
Added by Laws 2002, c. 452, § 25, eff. Nov. 1, 2002. Amended by Laws 2006, c. 176, § 25, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-318. Employee performance recognition program - Veterans Service Division.

In order to encourage the improvement and modernization of employment, training, and placement services for veterans, and to recognize eligible employees for excellence in the provision of services to veterans, or for having made demonstrable improvements in the provision of services to veterans, the Veterans Service Division of the Oklahoma Employment Security Commission is directed to establish an employee performance recognition program. The Commission is hereby authorized to grant cash awards of up to Five Thousand Dollars ($5,000.00) to the eligible employees meeting criteria established by the Veterans Service Division of the Oklahoma Employment Security Commission, provided funds exist from United States Department of Labor grants for the payment of the awards. For the purposes of this act, "eligible employees" means any of the following:
1. A disabled veterans outreach program specialist;
2. A local veterans employment representative; or
3. An individual providing employment, training and placement services to veterans under the workforce system programs or through an Employment Service delivery system.
Added by Laws 2006, c. 176, § 26, eff. July 1, 2006. Amended by Laws 2015, c. 249, § 17, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-319. Recognition programs.

In order to encourage the improvement and modernization of employment, training, and placement services for veterans, and to recognize local offices, divisions, or units of the Oklahoma Employment Security Commission for excellence in the provision of services to veterans, or for having made demonstrable improvements in the provision of services to veterans, the Veterans Services Division of the Oklahoma Employment Security Commission is directed to establish a recognition program for these entities. The Oklahoma Employment Security Commission is hereby authorized to award funds to a local office, division, or unit meeting criteria established by the Veterans Services Division of the Oklahoma Employment Security Commission, provided funds exist from United States Department of Labor grants for the payment of the awards. The funds awarded under this section shall be held by the Finance and Administrative Services Division on behalf of the local office, division, or unit, and can be utilized to purchase supplies, equipment, furniture, or other goods that would assist the employees of the local office, division, or unit. The money shall be drawn using purchase orders through the normal requisition system at the discretion of the supervisor of the local office, division, or unit.
Added by Laws 2012, c. 196, § 14, emerg. eff. May 8, 2012.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-502. Employing units to maintain records open to Commission.

EMPLOYING UNITS TO MAINTAIN RECORDS OPEN TO COMMISSION. Each employing unit shall keep true and accurate work records, for such periods of time and containing such information as the Commission may prescribe. Such records shall be maintained for a period of four (4) years and shall be open to inspection and be subject to being copied by the Commission or its authorized representatives at any reasonable time.
Added by Laws 1980 c. 323, § 4-502, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-503. Sworn or unsworn reports.

SWORN OR UNSWORN REPORTS. The Commission, its authorized representatives, or the Board of Review may require from any employing unit any sworn or unsworn reports, with respect to persons employed by it, which its authorized representatives deem necessary for the effective administration of this act.
Added by Laws 1980, c. 323, § 4-503, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-504. Oaths, depositions, certifications of official acts and subpoenas.

OATHS, DEPOSITIONS, CERTIFICATIONS OF OFFICIAL ACTS AND SUBPOENAS.
In the discharge of the duties imposed by the Employment Security Act of 1980, the Oklahoma Employment Security Commission, the chairman of an appeal tribunal, the members of the Board of Review, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed claim or the administration of the Employment Security Act of 1980 or for purposes of monitoring a workforce system program.
Added by Laws 1980, c. 323, § 4-504, emerg. eff. June 13, 1980. Amended by Laws 2007, c. 354, § 14, eff. Nov. 1, 2007; Laws 2015, c. 249, § 18, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-505. Refusal to obey Commission subpoenas - Judicial orders.

REFUSAL TO OBEY COMMISSION SUBPOENAS - JUDICIAL ORDERS. In case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the Commission, the Board of Review, the chairman of an appeal tribunal, or any duly authorized representative of any of them shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission, the Board of Review, the chairman of an appeal tribunal or any duly authorized representative of any of them, there to produce evidence if so ordered or there to give testimony touching the matter under investigation or in question. Any failure to obey such order of the court may be punished by said court as a contempt thereof.
Added by Laws 1980, c. 323, § 4-505, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-506. Penalties for failure to attend lawful inquiries or obey Commission subpoenas.

PENALTIES FOR FAILURE TO ATTEND LAWFUL INQUIRIES OR OBEY COMMISSION SUBPOENAS. Any person who shall without just cause fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, and other records, if it is in its power so to do, in obedience to a subpoena of the Commission, the Board of Review, the chairman of an appeal tribunal, or any duly-authorized representative of any of them, shall be punished by a fine of not less than Five Hundred Dollars ($500.00) or by imprisonment for not longer than sixty (60) days, or by both such fine and imprisonment.
Added by Laws 1980, c. 323, § 4-506, emerg. eff. June 13, 1980. Amended by Laws 1982, c. 304, § 22, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-507. Self-incrimination.

SELF-INCRIMINATION. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda, and other records before the Commission, the Board of Review, the chairman of an appeal tribunal, or any duly authorized representative of any of them, or in obedience to the subpoena of any of them in any cause or proceeding before the Commission, the Board of Review, or an appeal tribunal, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Added by Laws 1980, c. 323, § 4-507, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-509. Information to be furnished to public agencies.

INFORMATION TO BE FURNISHED TO PUBLIC AGENCIES.
A. Subject to such restrictions as the Oklahoma Employment Security Commission may by rule prescribe, information maintained by the Commission may be made available to any agency of this or any other state, or any federal agency, charged with the administration of an unemployment compensation law or the maintenance of a system of public employment offices, or the Internal Revenue Service of the United States Department of the Treasury, the United States Social Security Administration or the Oklahoma Tax Commission. Any information obtained in connection with the administration of the employment service may be made available to:
1. Persons or agencies for purposes appropriate to the operation of a public employment service; or
2. Any agency of this state or its political subdivisions that operate a program or activity designated as a required partner in the Workforce Innovation and Opportunity Act One-Stop delivery system pursuant to 29 U.S.C., Section 3151(b)(1), in accordance with a written agreement entered into between the partner and the Commission.
B. Upon request, the Commission shall furnish to any agency of the United States charged with the administration of public works or assistance through public employment, and may furnish to any state agency similarly charged, the name, address, ordinary occupation, and employment status of each recipient of benefits and such recipient's rights to further benefits pursuant to the provisions of the Employment Security Act of 1980. The Commission shall furnish to public agencies collecting debts created by food purchase assistance overissuances or administering Transitional Assistance to Needy Families (TANF) or child support programs, promptly upon request and in the most economical, effective and timely manner, information as to:
1. Whether an individual has applied for, is receiving or has received unemployment insurance and the amount;
2. The individual's current address;
3. Whether the individual has refused employment and if so a description of the job including the terms, conditions and rate of pay; and
4. Any other information that might be useful in locating any individual who may have a food purchase assistance overissuance or an obligation for support.
Added by Laws 1980, c. 323, § 4-509, emerg. eff. June 13, 1980. Amended by Laws 1983, c. 275, § 1, emerg. eff. June 24, 1983; Laws 1990, c. 309, § 10, eff. Sept. 1, 1990; Laws 1993, c. 219, § 34, eff. Sept. 1, 1993; Laws 1997, c. 30, § 21, eff. July 1, 1997; Laws 2002, c. 452, § 27, eff. Nov. 1, 2002; Laws 2017, c. 345, § 7, eff. July 1, 2017; Laws 2018, c. 14, § 11, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-510. Commission may request examination of return of national bank.

COMMISSION MAY REQUEST EXAMINATION OF RETURN OF NATIONAL BANK. The Commission may request the Comptroller of the Currency of the United States to cause an examination of the correctness of any return or report of any national banking association rendered pursuant to the provisions of this act, and may in connection with such request transmit any such report or return to the Comptroller of the Currency of the United States as provided in Section 1606(c) of the Federal Internal Revenue Code.
Added by Laws 1980, c. 323, § 4-510, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-511. Communications to Commission privileged - Not subject to slander or libel.

COMMUNICATIONS TO COMMISSION PRIVILEGED - NOT SUBJECT TO SLANDER OR LIBEL. All letters, reports, communications and other matters, written or oral from employer or former employer or claimant, to the Commission or any of its agents or to any board which have been written, sent, or made in connection with the requirements and administration of this act, shall be absolutely privileged and shall not be the subject matter or basis for any suit for slander or libel in any court, but no employer or claimant or their representatives testifying before the Commission or any board provided for in this act shall be exempt from punishment for perjury.
Added by Laws 1980, c. 323, § 4-511, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-602. Fund created.

FUND CREATED. There is hereby created in the State Treasury a special fund to be known as the Employment Security Administration Fund. All moneys which are deposited or paid into this fund shall be continuously available to the Commission for expenditure in accordance with the provisions of this act, and shall not lapse at any time or be transferred to any other fund.
Added by Laws 1980, c. 323, § 4-602, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-603. Moneys expended in accordance with Secretary of Labor.

MONEYS EXPENDED IN ACCORDANCE WITH SECRETARY OF LABOR. All moneys in this fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in Part 8 of this Article shall be expended by the Commission solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of this act.
Added by Laws 1980, c. 323, § 4-603, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-604. Composition of fund.

COMPOSITION OF FUND. The fund shall consist of all moneys appropriated by this state, all moneys received from the United States of America, or any agency thereof, and all moneys received from any other source for such purpose, and shall also include any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources for losses sustained by the Employment Security Administration Fund or by reason of damage to equipment or supplies purchased from moneys in such fund, and any proceeds realized from the sale or disposition of any such equipment or supplies which may no longer be necessary for the proper administration of this act.
Added by Laws 1980, c. 323, § 4-604, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-605. Maintenance of administrative fund.

MAINTENANCE OF ADMINISTRATIVE FUND.
All monies in this fund shall be deposited in a special fund in the State Treasury. Such monies shall be secured by collateral in the full amount of the funds on deposit in the same kind and manner the State Treasurer is required to secure other funds of the state on deposit.
Added by Laws 1980, c. 323, § 4-605, emerg. eff. June 13, 1980. Amended by Laws 1997, c. 30, § 22, eff. July 1, 1997; Laws 1997, c. 391, § 2, eff. July 1, 1997.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-606. State Treasurer liable on official bond.

STATE TREASURER LIABLE ON OFFICIAL BOND. The State Treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the Employment Security Administration Fund provided for under this act. Such liability on the official bond shall be effective immediately upon the enactment of this provision, and such liability shall exist in addition to any liability upon any separate bond existent on the effective date of this provision, or which may be given in the future. All sums recovered on any surety bond for losses sustained by the Employment Security Administration Fund shall be deposited in said fund.
Added by Laws 1980, c. 323, § 4-606, emerg. eff. June 13, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-4-607. Reimbursement of fund.

REIMBURSEMENT OF FUND. This state recognizes its obligation to replace, and hereby pledges the faith of this state that funds will be provided in the future, and applied to the replacement of any moneys received after July 1, 1941, from the Secretary of Labor under Title III of the Social Security Act, any unencumbered balances in the Employment Security Administration Fund as of that date, any moneys thereafter granted to this state pursuant to the provisions of the Wagner-Peyser Act, and any moneys made available by the state or its political subdivisions and matched by such moneys granted to this state pursuant to the provisions of the Wagner-Peyser Act, which the Secretary of Labor finds have, because of any action or contingency, been lost or have been expended for purposes other than, or in amounts in excess of, those found necessary by the Secretary of Labor for the proper administration of this act. Such moneys shall be promptly replaced by moneys appropriated for such purpose from the general funds of this state to the Employment Security Administration Fund for expenditures as provided in this Part. The Commission shall promptly report to the Governor, and the Governor to the Legislature, the amount required for such replacement. This section shall not be construed to relieve this state of its obligation with respect to funds received prior to July 1, 1941, pursuant to the provisions of Title III of the Social Security Act.
Added by Laws 1980, c. 323, § 4-607, emerg. eff. June 13, 1980.