reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-10 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
In computing any period of time prescribed or allowed by the
				  rules in this Chapter, Service Oklahoma does not count the date of the act, or
				  event, from which the period of time begins to run. But Service Oklahoma does
				  include the last day of the period unless it is a Saturday, Sunday, legal
				  holiday as defined by the Oklahoma Statutes, or any other day Service Oklahoma
				  does not remain open until 4:00 p.m. In this case, the period shall run through
				  the end of the next day that Service Oklahoma is open until 4:00 p.m. The
				  Director may extend any time period established by the rules in this
				  Title.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-11 - Hearing examiners

Current through Vol. 41, No. 20, July 1, 2024
The Director of Service Oklahoma and/or the appointed Hearing
				  Officers may have the following powers, in addition to all other powers
				  specified in this chapter or by law:
(1) To give notice concerning reviews and
				hearings;
(2) To administer oaths
				and affirmations;
(3) To summon
				witnesses;
(4) To examine witnesses
				and take testimony;
(5) To issue
				subpoenas, to take depositions, or cause depositions or interrogatories to be
				taken;
(6) To rule upon offers of
				proof and to receive relevant evidence;
(7) To hold conferences, before or during a
				hearing, for the settlement or simplification of issues;
(8) To rule on motions and to dispose of
				procedural requests or similar matters;
(9) To make initial or final decisions as
				provided herein or by law;
(10) To
				take any other action authorized by this Chapter, the Administrative Procedures
				Act (75 O.S. §250
et seq.
), or by any other applicable
				statute or rule.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-12 - Withdrawal of hearing request or dismissal of hearings

Current through Vol. 41, No. 20, July 1, 2024
A request to withdraw from or cancel a scheduled hearing must
				  be submitted in writing on a form prescribed by Service Oklahoma. A request for
				  withdrawal of a scheduled hearing must be received by Service Oklahoma no later
				  than 12:00 pm two (2) business days prior to the scheduled hearing. If the
				  request is not timely received, Service Oklahoma may proceed with the hearing
				  and take action based on the evidence.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-13 - Witnesses and exhibits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Witness
				list.
(1) The availability and
				participation of any witness appearing on behalf of the party requesting the
				hearing shall be the sole responsibility of that party. The Hearing Officer
				will not subpoena or secure the attendance of any witness for the party
				requesting the hearing.
(2) The
				party requesting the hearing shall provide Service Oklahoma with the following
				information, no later than three (3) business days prior to the date of the
				scheduled hearing. If the following information is not received by Service
				Oklahoma at least three (3) business days prior to the date of the scheduling
				hearing, the Hearing Officer may exclude the witness from the hearing:
(A) the telephone number that will be used to
				contact the party for the hearing;
(B) the name, Oklahoma bar number, mailing
				address, and telephone number of the party's attorney, if any;
(C) the name of any witness(es) appearing on
				behalf of the party requesting the hearing, their telephone number, and a brief
				statement of the testimony to be offered by the witness.
(3) The Hearing Officer may examine the
				witnesses and may allow the parties or their representatives to examine the
				witness.
(4) Witnesses giving
				testimony at a hearing shall do so under oath.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-14 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings may be recorded. A party may
				have a court reporter present at the Hearing. The person requesting the hearing
				bears the responsibility to make arrangements for the court reporter and is
				responsible for the cost of the reporter's services.
(b) Costs for transcripts of the record or of
				any portion thereof may be borne by the party or parties requesting the
				transcript.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-15 - Decision of Hearing Officer

Current through Vol. 41, No. 20, July 1, 2024
(a) The Hearing
				Officer may announce his or her decision orally at the close of the hearing or
				may announce that his or her decision will be announced in writing at a later
				date.
(b) A copy of the decision
				may be mailed to each party or his attorney of record.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-16 - Appeal

Current through Vol. 41, No. 20, July 1, 2024
An appeal to the District Court is statutorily provided under
				  Title 47 of the Oklahoma Statutes for the areas of law set forth below:
(1) Points,
(2) Driver license cancellation, suspension,
				denial, or revocation, except where mandatory under the law.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-17 - Service Oklahoma Operator Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The
"Board"
means the nine (9) members of the Service Oklahoma
				Operator Board designated by statute (47 O.S. §3-104).
(1) The members shall serve terms of two (2)
				years (47 O.S. §3-104).
(2) At
				the first meeting of each calendar year, the Board shall elect from its
				membership a Chair and Vice-Chair to serve a one-year term.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 1 - Administrative Operations › Section 260:135-1-18 - Licensed Operator Advisory Committee

Current through Vol. 41, No. 20, July 1, 2024
(a) The
"Committee"
means the seven (7) members of the Licensed Operator
				Advisory Committee designated by statute (47 O.S. §3-105).
(b) The Service Oklahoma Operator Board shall
				determine the qualifications and duties of the members of the Licensed Operator
				Advisory Committee.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-1 - Purpose and general applicability

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Subchapter, relating to the
					 qualifications, restrictions, duties, and other requirements for Licensed
					 Operators have been promulgated for the purpose of compliance with the Oklahoma
					 Administrative Procedures Act, 75 O.S. §§250.1 et seq, and are
					 applicable to all Licensed Operators.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-2 - Consanguinity; residency

Current through Vol. 41, No. 20, July 1, 2024
(a) No person shall
				  be granted a license to operate a designated Service Oklahoma location that is
				  related by consanguinity, affinity, or adoption within the third degree to any
				  member or to any employee of Service Oklahoma.
(b) Any licensed operator shall have been a
				  resident of the State of Oklahoma for a period of six (6) months prior to
				  submitting an application for a license to operate a designated Service
				  Oklahoma location. Provided, that if a Licensed Operator moves his or her
				  residence to a place outside the State of Oklahoma, the licensed operator shall
				  provide notice to the Service Oklahoma Operator Board and sell his or her
				  license within ninety (90) days of such notice.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-3 - Bond requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Faithful
				  performance surety bond or cash bond required.
During the first year of
				  operation, a Licensed Operator shall obtain a faithful performance surety bond
				  or cash bond in the amount of Thirty Thousand Dollars ($30,000.00) or in such
				  additional amount and form as required by Service Oklahoma.
(b)
Oklahoma Licensed operator
				  indemnity fund.
(1) All licensed
				  operators who have been in office at least one year are assessed annually by
				  the Department of Central Services for payment into Oklahoma Licensed Operator
				  Indemnity Fund. The assessment amounts are set by statute.
(2) New licensed operators are not assessed
				  for the Indemnity Fund until they have been in office for one year. New agents
				  must maintain separate surety bonds during their first year of
				  operation.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-4 - Qualifications and requirements of a Licensed Operator

Current through Vol. 41, No. 20, July 1, 2024
A Licensed Operator shall, at all times during his/her
					 service as a Licensed Operator, be in compliance with all federal and state tax
					 laws. Failure to so comply shall constitute grounds for the revocation of the
					 license to operate a designated Service Oklahoma location.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-5 - Licensed Operator accounts

Current through Vol. 41, No. 20, July 1, 2024
(a) The Licensed
				  Operators shall maintain two bank accounts for each designated Service Oklahoma
				  location:
(1) A Service Oklahoma Licensed
				  Operator Account pursuant to 47 O.S. §1142; and
(2) An operational account in which all other
				  funds received by the Licensed Operator in performance of his/her duties shall
				  be deposited and shall not be combined with any other funds.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-6 - Issuance of tags, titles, liens; collection of fees

Current through Vol. 41, No. 20, July 1, 2024
A Licensed Operator shall issue and collect fees on all
					 tags, except apportioned (pro-rate) tags and special tags which are issued by
					 Service Oklahoma, issue all titles, liens, boat and motors titles-registration,
					 etc., prescribed by Service Oklahoma.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-7 - Strict compliance with laws and rules

Current through Vol. 41, No. 20, July 1, 2024
A licensed operator shall strictly comply with all
					 applicable contracts, statutes, rules, regulations, fee schedule, and
					 procedures as set forth in the "Motor License Agents Manual of
					 Procedure."
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-8 - Licensed Operators prohibited from extending credit

Current through Vol. 41, No. 20, July 1, 2024
All transactions must be paid for at the time of
					 processing. A licensed operator shall not process any transaction or release
					 any item on credit or before the applicant pays the tax or fee
					 due.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-9 - Responsibility for errors in computation

Current through Vol. 41, No. 20, July 1, 2024
A Licensed Operator shall be responsible for errors in tax
					 computations and/or fee computations and collections.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-10 - Inspections by licensed operator

Current through Vol. 41, No. 20, July 1, 2024
A Licensed Operator shall perform all necessary inspections
					 as required by the Licensed Operator's Manual.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 1 - GENERAL REQUIREMENTS, DUTIES AND RESPONSIBILITIES › Section 260:135-3-11 - Responsibility for agency shortage

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensed
				  operator shall be responsible for paying any balance determined to be due as a
				  result of a field audit conducted by Service Oklahoma.
(b) Upon demand for payment, the licensed
				  operator must remit, within seven (7) business days, the full amount of any
				  shortage determined to be due. Payment of the amounts due within the stated
				  time frame does not preclude Service Oklahoma from revoking the license to
				  operate a designated Service Oklahoma location or taking any other action
				  deemed appropriate.
(c) Any portion
				  of a field audit balance determined to be attributable to the nonpayment of
				  funds due the State shall be subject to the penalty enumerated in 47 O.S.
				  § 1142.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 3 - SPECIFIC RECORDKEEPING DUTIES › Section 260:135-3-15 - Retention of records

Current through Vol. 41, No. 20, July 1, 2024
Any and all records, files, books, or otherwise of a
					 Licensed Operator relating to the operation of the designated Service Oklahoma
					 location shall be retained at all times at the office of the Licensed
					 Operator.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 3 - SPECIFIC RECORDKEEPING DUTIES › Section 260:135-3-16 - Forms to be typewritten or printed

Current through Vol. 41, No. 20, July 1, 2024
All forms must be printed by computer, including reports
					 and advice of deposit slips.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 3 - SPECIFIC RECORDKEEPING DUTIES › Section 260:135-3-17 - Maintenance of required indexes and files

Current through Vol. 41, No. 20, July 1, 2024
(a)
Files
				  to be retained.
A licensed operator shall maintain records of
				  semimonthly reports generated and related financial information pertaining to
				  the collection and disposition of all monies due the state. Copies of
				  individual transaction receipts are not required to be retained, unless the
				  transaction required some special action or notation, or retention was
				  specifically requested by Service Oklahoma. Copies of documentation supporting
				  any insurance verification override are to be retained. Copies of Vehicle
				  Information Requests are to be retained. All referenced retained records are to
				  be maintained by licensed operator for a period of two (2) years.
(b)
Disposition of files containing
				  applicant information.
When disposing of files or records, the licensed
				  operator is responsible for the proper destruction of any file or record
				  containing confidential applicant information that was either generated by, or
				  submitted to, his or her agency. The file or record is to be destroyed to the
				  extent no such confidential information may be recovered.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 3 - SPECIFIC RECORDKEEPING DUTIES › Section 260:135-3-18 - Accountable items

Current through Vol. 41, No. 20, July 1, 2024
All numbered items consigned to the licensed operator from
					 Service Oklahoma must be accounted for by the Licensed Operator. Once received,
					 such items must be properly accounted for by the licensed operator as either
					 issued, reconsigned to another licensed operator, or returned unissued to
					 Service Oklahoma. Licensed Operators should never destroy or dispose of
					 unissued accountable items, unless specific, written authorization to do so is
					 issued by Service Oklahoma.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 3 - SPECIFIC RECORDKEEPING DUTIES › Section 260:135-3-20 - Missing items

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensed
				  operator shall respond within fifteen (15) days of receipt of a missing item
				  notification issued by Service Oklahoma with all documentation and information
				  relating to the disposition of the item(s).
(b) Should the licensed operator discover
				  information or documentation regarding the issuance of any accountable item
				  identified as missing by Service Oklahoma, the licensed operator is to notify
				  Service Oklahoma for direction before taking any action. In no event is an
				  identified missing item to be issued or entered to any transaction without
				  written authorization from Service Oklahoma.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 3 - SPECIFIC RECORDKEEPING DUTIES › Section 260:135-3-21 - Required Service Oklahoma forms provided

Current through Vol. 41, No. 20, July 1, 2024
Forms required in the application and processing of
					 Oklahoma titles and registrations are provided to licensed operators by Service
					 Oklahoma. Licensed Operators may not create and/or require applicants to
					 complete any additional form outside those approved and required by Service
					 Oklahoma.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 5 - SPECIFIC REPORTING DUTIES › Section 260:135-3-25 - Semimonthly reporting procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Semimonthly reports.
Each licensed operator must submit
				  semimonthly reports to Service Oklahoma to properly account for all funds,
				  regardless of source, received by a licensed operator in the performance of the
				  licensed operator's duties.
(b)
Closing dates for report preparation.
Reports are to be ended on
				  the fifteenth (15th) and the last day of each month. Report summary pages are
				  to be generated from the computer system and included with the required report
				  transaction documentation. Driver license transaction reporting guidelines are
				  established by Service Oklahoma. IRP (International Registration Plan)
				  transaction reporting guidelines are established by the Corporation
				  Commission.
(c)
Transaction
				  documents.
Semimonthly report transaction documentation is to be
				  prepared and submitted to Service Oklahoma. Service Oklahoma shall communicate
				  any report preparation procedural changes to licensed operators in a timely
				  manner.
(d)
When reports due;
				  penalties for late report.
All licensed operators are to prepare
				  semimonthly reports to be filed with Service Oklahoma no later than the first
				  (1st) day of the month for the report ending on the fifteenth (15th) day of
				  that month and the fifteenth (15th) day of the following month for the report
				  ending on the last day of a month. When a report due date falls on a Saturday,
				  Sunday, state holiday, or federal holiday, the next business day becomes the
				  due date for that report. If not postmarked by the due date, a penalty of 1% of
				  the gross amount of the report shall be assessed. The penalty increases to 3%
				  should the report not be postmarked within 5 days of the due date.
(e)
Sufficiency of semimonthly
				  reports.
To comply with the reporting requirement, the reports filed
				  with Service Oklahoma must include system generated remittance pages, driver
				  license transaction report summary (when applicable), Oklahoma Corporation
				  Commission IRP transaction report summary (when applicable) and all supporting
				  individual transaction documentation. Any such semimonthly report that does not
				  include these minimum requirements shall not constitute the mandatory report.
				  In the event a proper semimonthly report is not filed on or before the due
				  dates, in accordance with (d) of this Section, the report shall be
				  delinquent.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 5 - SPECIFIC REPORTING DUTIES › Section 260:135-3-26 - Waiver of penalty for failure to timely file semimonthly report

Current through Vol. 41, No. 20, July 1, 2024
(a)
Criteria considered by Service
				  Oklahoma.
Service Oklahoma may waive the penalty for failing to file a
				  semimonthly report in a timely manner if all the following criteria have been
				  met:
(1) The funds to which the report applies
				  have been properly deposited.
(2)
				  The failure to timely file the report was due to emergency conditions beyond
				  the control of the licensed operator.
(3) The report has been filed within a week
				  of the date on which it was required to be filed on.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-30 - Deposit of monies

Current through Vol. 41, No. 20, July 1, 2024
(a)
Funds due
				  Service Oklahoma.
A licensed operator shall deposit all monies which the
				  licensed operator is required to account for and pay over to Service Oklahoma
				  in a Service Oklahoma Licensed Operator Account (designated for each Service
				  Oklahoma location) within one (1) banking day of collection. The licensed
				  operator is to enter all required deposit information into Service Oklahoma's
				  deposit entry system by the end of the same business day the deposit is made to
				  the bank. The monies belonging to Service Oklahoma are not to be deposited to
				  any account except the Service Oklahoma Licensed Operator Account.
(b)
Licensed Operator fee
				  retention.
The fees to be retained by the licensed operator as
				  compensation shall not be deposited in the Service Oklahoma Licensed Operator
				  Account. Should the licensed operator not have enough cash receipts to withhold
				  the statutorily authorized licensed operator's fee for the transactions
				  reflected in the deposit being made, the licensed operator may designate on the
				  Service Oklahoma Licensed Operator Account deposit slip the amount necessary to
				  make up the difference as "Less Cash Received". Only the amount necessary to
				  allow for the retention of the statutorily authorized licensed operator's fees
				  for the transactions reflected in the deposit being made may be deducted from
				  the Service Oklahoma deposit.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-32 - Procedure for use of remittance slip in making deposits, corrections, adjustments, and reconciliations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of
				  Service Oklahoma computer-generated remittance slip.
The remittance slip
				  is a four purpose form. It serves as an overall reconciliation statement on a
				  licensed operator's individual report against deposits applied to that report.
(1)
Deposits.
All deposits,
				  debit card, and credit card remittances that apply to a specific report should
				  be listed and totaled where indicated on the remittance slip. Should the total
				  deposits not equal the report total, the filing licensed operator is to
				  indicate the amount long or short and detail the reason(s) for the discrepancy
				  in the section provided on the remittance slip.
(2)
Corrections.
A deposit
				  correction entry may result from the depository account bank reconciliation
				  performed by Service Oklahoma.
(3)
Adjustments.
Monetary adjustments may be required in the Service
				  Oklahoma audit process. Any audit adjustment will be explained in a notice to
				  the agent. Audit notices should be reviewed upon receipt by the licensed
				  operator and questions or concerns directed to Service Oklahoma.
(4)
Reconciliations.
Service
				  Oklahoma will complete a reconciliation of the remittance slip, summarizing
				  total deposits versus total taxes and fees due Service Oklahoma for the period,
				  and incorporating any Service Oklahoma adjustments. The balance due licensed
				  operator or Service Oklahoma listed on a particular remittance slip is for that
				  report only.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-33 - Dishonored checks

Current through Vol. 41, No. 20, July 1, 2024
A licensed operator shall reimburse the Service Oklahoma
					 depository account for all dishonored checks which have been deposited to the
					 account. The account is not to be charged. Dishonored checks that cannot be
					 collected by the licensed operator within thirty (30) days of retrieval from
					 the depository bank are to be forwarded to Service Oklahoma for credit and
					 appropriate collection efforts.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-34 - Procedures for reporting and collecting dishonored checks on Service Oklahoma transactions

Current through Vol. 41, No. 20, July 1, 2024
The following procedures should be followed in the event a
					 check deposited by a licensed operator is returned unpaid.
(1)
Notice of dishonored check.
The bank should notify the agent that they are holding an unpaid item. The
				  agent must make two (2) attempts to redeem the check through the depository
				  bank. Should the bank refuse to accept the dishonored check a second
				  (2nd) time, it shall be treated as if two (2)
				  attempts were made. The agent shall retrieve the check immediately from the
				  bank utilizing one of the following methods:
(A) The agent may utilize current funds due
				  Service Oklahoma to reimburse the bank for the dishonored check and immediately
				  forward the check and supporting documentation to Service Oklahoma for review
				  and credit. If not received by Service Oklahoma within five (5) business days
				  of retrieval, the Service Oklahoma funds utilized will be considered delinquent
				  and the delinquent depositing penalties outlined in 47 O.S. § 1142 shall
				  apply.
(B) The agent may utilize
				  personal funds to reimburse the bank for the dishonored check and attempt
				  collection from the taxpayer for a period of thirty (30) days, as set forth
				  below.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-35 - Procedures for refunds to applicant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Refund
				  procedures.
All possible vehicle/boat/outboard motor related refund
				  situations are to be referred to the Motor Vehicle Division of Service
				  Oklahoma. To initiate a refund under the noted circumstances the taxpayer must
				  make a refund request, submitting the appropriate documentation and/or
				  information. The following is normally required to initiate a refund, under the
				  noted circumstances:
(1)
Overcharge on
				  registration.
A refund request with appropriate documentation confirming
				  the registration fee remitted. The original registration receipts reflecting
				  the overcharge may also be required.
(2)
Duplicate registration for the same
				  vehicle.
A refund request with appropriate documentation confirming both
				  registration remittances, as well as the duplicate registration decal and/or
				  license plate last issued.
(3)
Registration of a vehicle no longer owned.
A refund request with
				  appropriate documentation confirming the registration remittance, as well as
				  the registration decal and/or license plate issued and proper evidence of the
				  disposition of the vehicle. Such evidence may be a copy of a sales or trade-in
				  contract, a photocopy of the assigned certificate of title, or a notarized
				  affidavit signed by the refund applicant, stating that the vehicle has been
				  sold and identifying the vehicle by serial number and listing the date sold and
				  to whom.
(4)
Excise tax or
				  sales tax paid in error or overcharge.
A refund request with appropriate
				  documentation confirming the excise tax or sales tax remittance and
				  documentation or information confirming the overcharge or tax
				  exemption.
(5)
Wrong
				  registration classification.
A refund request with appropriate
				  documentation confirming the incorrect registration and re-registration at the
				  correct classification. The improper license plate and/or registration decal
				  must be returned, as well. The registering licensed operator may be required to
				  submit a notarized statement of error for a refund to be allowed. (This is not
				  to be confused with the process of changing registration classification during
				  a registration period).
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-36 - Daily reports

Current through Vol. 41, No. 20, July 1, 2024
Licensed Operators are to generate daily reports from the
					 Service Oklahoma computer system and utilize reports to verify all money totals
					 and items issued.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-37 - Allowable fees and charges

Current through Vol. 41, No. 20, July 1, 2024
(a)
Allowable
				  fees and charges limited by statute.
The Oklahoma Statutes designate all
				  fees which licensed operators are allowed to collect and retain from an
				  applicant. No other fees may be charged to an applicant for any service
				  rendered pertaining to the issuance of titles, registrations, permits,
				  licenses, credentials, or any other document required by Service Oklahoma. All
				  fees assessed an applicant are to be entered into the Service Oklahoma computer
				  system to be reflected on the affiliated system-generated transaction receipt.
				  All fees assessed an applicant must be documented in the licensed operator's
				  records so they may be identified as to type upon inquiry by the affected
				  applicant or Service Oklahoma. A general, non-specific category such as
				  "Miscellaneous Fee" is not sufficient. The fee must be clearly
				  identifiable.
(b)
Procedure
				  for collection of costs of long-distance telephone charges.
The cost of
				  a long distance phone call made to Service Oklahoma (non-toll-free), made at
				  the request of an applicant, may be charged back to the applicant, if agreed to
				  in advance. Only the actual cost of the phone call may be charged.
(c)
Requiring mail delivery
				  prohibited.
A licensed operator shall not require the applicant to
				  accept mail delivery of any issued item or receipt.
(d)
Accountability for additional
				  services fees.
When assessing a fee for an additional service that is
				  not covered by statute, but is directly related to a Service Oklahoma
				  transaction (i.e. providing a fax service for required documentation to
				  complete a registration transaction), licensed operators are to:
(1) Explain to the applicant that the service
				  being provided is an additional service (not a required service) offered by the
				  licensed operator, at an amount established by the licensed operator. The
				  applicant is then free to accept or reject that additional service.
(2) Document each such fee in the licensed
				  operator's records, so that it may be identified as to type upon inquiry by the
				  affected applicant or Service Oklahoma. A general, non-specific category such
				  as "Miscellaneous Fee" is not sufficient. The fee must be clearly
				  identifiable.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-38 - Procedures for reporting and collecting returned checks on driver license

Current through Vol. 41, No. 20, July 1, 2024
The procedures in this Section should be followed by the
					 licensed operator in the event a check deposited in payment of a driver license
					 is returned unpaid:
(1)
Notice
				  of returned check.
Upon receiving notification by the bank that a check
				  which was written for a driver license has been returned unpaid, the agent will
				  pick up the check and complete a notice of returned check (SOk Form 774A) to be
				  sent to the maker of the check. Deposit of the check must be attempted
				  twice.
(2)
Penalties on
				  driver license returned checks.
The licensed operator may charge the
				  maker of the returned check a service charge fee of Twenty-five Dollars
				  ($25.00), as set forth by statute, provided two attempts were made to deposit
				  the check. Should the depositing bank refuse to accept the dishonored check a
				  second (2nd) time, it shall be treated as if two (2)
				  attempts had been made.
(3)
Procedures if returned check is uncollectible; obtaining credit to
				  licensed operator's account; subsequent payment.
If a licensed operator
				  is unable to collect a returned check written for a driver license, the
				  licensed operator must send the returned check to Service Oklahoma, along with
				  the licensed operator's file copy of the driver license report. Service
				  Oklahoma will credit the licensed operator's ledger account in the full amount
				  of the driver license transaction. The licensed operator will forward directly
				  to Service Oklahoma a copy of the returned check and a copy of the documents on
				  the driver license. Service Oklahoma will send a letter advising the holder of
				  the driver license that the license is invalid, driving privileges are
				  canceled, and payment for the returned check must be made to the licensed
				  operator. When collecting for a driver license returned check, the licensed
				  operator will collect the amount of the returned check, plus the service charge
				  and remit the original check amount to Service Oklahoma, while retaining the
				  Twenty-five Dollar ($25.00) service charge. Service Oklahoma will return the
				  check to its maker. The licensed operator will notify Service Oklahoma when the
				  returned check has been paid.
(4)
Driver license returned checks to be forwarded to Service Oklahoma; time
				  limits.
All insufficient checks for which payment is not received are to
				  be sent to Service Oklahoma within thirty (30) days of retrieval from the
				  depository bank.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 7 - SPECIFIC FISCAL DUTIES › Section 260:135-3-39 - Procedures for reporting and collecting returned checks on driver's license records

Current through Vol. 41, No. 20, July 1, 2024
Upon receiving notice from the bank that a check written
					 for a driver's license record has been returned unpaid, the licensed operator
					 will pick up the check. The Licensed Operator
may not
charge the
					 maker of the check a service charge fee upon collection, nor may the Licensed
					 Operator send the check to Service Oklahoma for credit or collection, if
					 uncollectible.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 9 - OPERATION OF SERVICE OKLAHOMA LOCATION BY LICENSED OPERATOR › Section 260:135-3-43 - Maintenance of notary by a Licensed Operator

Current through Vol. 41, No. 20, July 1, 2024
A Licensed Operator shall provide a notary for those
					 documents required to be notarized by Service Oklahoma. A Licensed Operator may
					 not require notarization of any document that is not required to be notarized
					 by Service Oklahoma or require additional notarized documents beyond those
					 required by Service Oklahoma for the applicable transaction. Only the notary
					 fee amount provided by statute may be assessed for each required
					 notarization.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 9 - OPERATION OF SERVICE OKLAHOMA LOCATION BY LICENSED OPERATOR › Section 260:135-3-44 - Status of Licensed Operator

Current through Vol. 41, No. 20, July 1, 2024
A Licensed Operator shall be a self-employed independent
					 contractor. Under no circumstances shall a Licensed Operator hold
					 himself/herself out as an agent of Service Oklahoma.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 9 - OPERATION OF SERVICE OKLAHOMA LOCATION BY LICENSED OPERATOR › Section 260:135-3-45 - Successor licensed operators; Service Oklahoma authority to determine disputes and hold agency property

Current through Vol. 41, No. 20, July 1, 2024
Upon the sale or transfer of an existing license to operate
					 a designated Service Oklahoma location, the Service Oklahoma Operator Board has
					 the power to decide the equitable settlement of any issue arising from partial
					 interests involved in real and personal property. The property may, however, be
					 transferred to Service Oklahoma to be held or used by Service Oklahoma until a
					 license is issued to a successor Licensed Operator.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 9 - OPERATION OF SERVICE OKLAHOMA LOCATION BY LICENSED OPERATOR › Section 260:135-3-46 - Licensed Operator training and continuing education

Current through Vol. 41, No. 20, July 1, 2024
(a)
Training.
After issuance of
				  a new license, a Licensed Operator will be given a three (3) to four (4) day
				  training, encompassing policies and procedures involved in the third-party
				  fulfillment of designated services to be rendered by Service
				  Oklahoma.
(b)
Continuing
				  education.
Licensed Operators are responsible for keeping abreast of, as
				  well as implementing, statutory, and procedural changes and instructions issued
				  by Service Oklahoma. Attendance by the Licensed Operator and selected employees
				  at annual licensed operator schools conducted by Service Oklahoma is not
				  mandatory, but is strongly encouraged.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 11 - PROVISIONS FOR APPLICATION AND ISSUANCE OF A LICENSED TO OPERATE A DESGINATED SERVICE OKLAHOMA LOCATION › Section 260:135-3-51 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The provisions of this Part have been
				  promulgated to facilitate the guidelines for the application and issuance of a
				  license to operate a designated Service Oklahoma location, pursuant to the
				  Oklahoma Vehicle License and Registration Act (47 O.S. § 1140 et seq.),
				  which are in addition to all other requirements and restrictions set forth in
				  this Subchapter.
(b) Unless
				  otherwise indicated, an applicant shall submit all required information and
				  documentation in a manner and format prescribed by the Service Oklahoma
				  Operator Board.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 11 - PROVISIONS FOR APPLICATION AND ISSUANCE OF A LICENSED TO OPERATE A DESGINATED SERVICE OKLAHOMA LOCATION › Section 260:135-3-52 - Application for a license to operate a designed Service Oklahoma location

Current through Vol. 41, No. 20, July 1, 2024
(a) The applicant must not have been
				  convicted of a felony and/or no felony charges may be pending against the
				  applicant.
(b) The applicant must
				  submit an authorization for release of criminal history and credit history
				  along with a personal financial statement in a manner prescribed by the Service
				  Oklahoma Operator Board.
(c) The
				  applicant must be in compliance with all federal and state laws.
(d) Prior to the issuance of a license,
				  applicants must submit an estimated budget, including provisions for sufficient
				  staffing, equipment, office space, and parking, for approval by the Service
				  Oklahoma Operator Board.
(e) As a
				  condition precedent to the issuance of a license, applicant must obtain a
				  faithful performance surety bond as provided by law. The applicant is to
				  contact the Service Oklahoma Operator Board for the amount of the bond required
				  for the designated Service Oklahoma location. A commitment by the bonding
				  company to issue the required bond in the amount specified by the Service
				  Oklahoma Operator Board or an affidavit that the applicant will provide a cash
				  bond must be attached to the application for a license.
(f) The application and the non-refundable
				  statutory application fee are to be submitted to the Service Oklahoma Operator
				  Board.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 11 - PROVISIONS FOR APPLICATION AND ISSUANCE OF A LICENSED TO OPERATE A DESGINATED SERVICE OKLAHOMA LOCATION › Section 260:135-3-53 - Necessary job skills and experience

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to be
				  issued a license to operate a designated Service Oklahoma location, an
				  Applicant shall have the following necessary knowledge and skills:
(1) Skill in establishing and maintaining
				  effective relationships with others; in directing and reviewing the work of
				  others; in analyzing complex situations and adopting an effective course of
				  action.
(2) Thorough knowledge of
				  the principles and practices of business organization and management and of
				  public relations.
(3) Knowledge of
				  accounting practices; of the method and techniques of public and business
				  administration; of financial report writing; and of modern office machines and
				  procedures.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 11 - PROVISIONS FOR APPLICATION AND ISSUANCE OF A LICENSED TO OPERATE A DESGINATED SERVICE OKLAHOMA LOCATION › Section 260:135-3-54 - PRIMARY SOURCE OF INCOME [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 11 - PROVISIONS FOR APPLICATION AND ISSUANCE OF A LICENSED TO OPERATE A DESGINATED SERVICE OKLAHOMA LOCATION › Section 260:135-3-56 - Interviews

Current through Vol. 41, No. 20, July 1, 2024
The Service Oklahoma Operator Board shall designate the
					 interviewer and the applicant will be given adequate notice of the time, date,
					 and place of the interview.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 3 - Licensed Operators › Part 11 - PROVISIONS FOR APPLICATION AND ISSUANCE OF A LICENSED TO OPERATE A DESGINATED SERVICE OKLAHOMA LOCATION › Section 260:135-3-57 - Issuance of a license to operate a designated Service Oklahoma location

Current through Vol. 41, No. 20, July 1, 2024
(a) The Service Oklahoma Operator Board is
				  authorized to make a determination whether the applicant and proposed location
				  meet the criteria and guidelines established by the Service Oklahoma Operator
				  Board and issue a license to operate a designated Service Oklahoma location. 47
				  O.S. §3-104(D).
(b) The
				  successful applicant will be notified by the Service Oklahoma Operator Board.
				  Upon approval of an application, the applicant must pay a statutory license fee
				  in an amount determined by the Service Oklahoma Operator Board.
(c) The successful applicant must accept or
				  reject the issuance of the license, in writing, within thirty (30) days of
				  receipt of notification from the Service Oklahoma Operator Board.
(d) If the applicant accepts the issuance of
				  the license, the applicant will be required to open the designated Service
				  Oklahoma location within fifteen (15) days after acceptance, unless a time
				  extension is granted by the Service Oklahoma Operator Board.