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,0("6#*,
,1:,
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,8'(.)#*,
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,,&/)4**+**13
,%*"#)&4*13
, )*!*"6#(4"18
,0 $&'$)'**+($&/*18
@(+**#**( ),
,1 +$)*"6#(4&$"/"#(*@)''/"*)#""
&*18
,2@"&&'*!@A@&&#&"6#(4&$18
,3@"&&'*!@"4*"6#(4&$2
,8&&'*&&&(*"#.#*'(.*&*&*-4$2
,,?(#*'((.''"&*"2
,,?(#*'$&'*'(.*/&*+#)+'4()2
,,,(!@"'(.2,
,0''(&(*.2
,0, $)$2
,0%(:$&"C&$20
,0%?()'(.'**""&#**+#)+'(.'*(21
,0-*$4*22
,00-*$("'#*&22
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,117$&/'.*"*$31
,12A*(/."(31
,13/.&"*.*33
,18#.;*')B4*/'.*&((&$8
,2-4$*''(&(*5*""4*8,
,2,''(&(*.8,
,2%5*""4*'"8,
,21**DD"&*8,
,22**D;D"&*8%
,23*#"#'(.*8%
,28)#(4*8%
,25*""4*8
,2()(*.'"8
,2,5+#*8
,2%**(!80
,25*""4*80
,20()(*.5*""4*80
,21A@(.5*""4*#*82
,22*(#*5*""4*'.(83
,23 #(&#&*5*""4*'"88
@(+**#**( )%
,28*@&'#*$88
,2,*#&'(&88
,2,'(.*((#"'.*88
,2,,#*"'*"#"88
,2,%/'.*:$*#$:;*:"&#'*
,2,*$#*&"#'(.*#&""&*4*
&/"
,3+("#''*()$
,3,'*.'(.*'(.*&#*.7!+)*.,
,3%?"'#&+*&/#&%
,8'(".!,:&,,::;7/:,
,8'(".!,:&,,::;7/:,
,8,'(".!,:&,,::;7/:,
,8%'(".!,:&,,::;7/:,
,8'(".!,:&,,::;7/:,
,80'(".!,:&,,::;7/:,
,81'(".!,:&,,::;7/:,
,82'(".!,:&,,::;7/:,
,83'(".!,:&,,::;7/:,
,88'(".!,:&,,::;7/:,
,8'(".!,:&,,::;7/:,
%*#&$)!@(>&(
%''(&(*.0
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%%'(".!,1:&,32:%:;7/:,11
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%'(".!,0:&,8:,:;7/:,08
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%3(&*&#'(.**54()"'.*,3
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%1%**#***+&&#*8
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%24*"!)'"*+.*+**"*+'(.0,
%20(&$*&((#*'.*0%
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%22**'(")0
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%38'(".!,2:&%0::;<#(.:,203
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%'(".!,2:&%0:3:;7/:,212
'(".!,2:&%0:3:;7/:,212
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02(&$13
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08$*#+"*'#(&)&2
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0#&$*'/()"7*#C&**("((20
1''(&(*.20
1,?#"&*"21
1%.5'""&&"&!*+&*.21
1'$#"21
10*&"*$/#"21
11**#((>&("22
12#*#"22
13"&*"*#$22
2''(&(*.23
2,&'&()*#*+="23
2%#**""4*28
2'$#*+="28
20'$/)*!*+))/*3
3''(&(*.3
3,*(+*3
3%.*'"**+'(.*&#*."*$3
3'$/)*3
8@(+'(.*&#*./(/)?#"3
0''(&(*.3
0,?(***4*:(#*"&(*(&*3,
0%J($.'(.3,
0J($&*:")#($!+&+'&4&'(*.*+!'/""3%
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03*+'($*+&*3%
08#"%%*+$*(.!88%:&,8:%1:;'*:88%3
0,''(&(*.3
0,,/(&$3
0,%(&$3
1'#*?#"3
1,5'"*##"30
1%#*""*##"30
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1,&+().?#"32
1,,5'"*##"32
1,%#*""*##"33
1,&+()./**''$*38
1,0&+().?#"(&8
8;&$/"*8
8,'(8
8%$('/8
8)&.8
&+>&*#(8
%0'(".!,2:&0:1:;7/:,28
%3'(".!,2:&0:1:;7/:,28
1#(/&*'(.*#(4(()&*&*8
@(+**#**( )2
2))*)''#''(.**+#)+'(.*)&.
8,
0,-4$8,
0%'(".!,2:&0:1:;7/:,28
0?8
00#(")#($80
02&*82
1-&(#$.'(. #'$)"*+#*.((*.
82
2*&$'(.*&+("#"5*83
2,'(".!88:&2,:0:;'*:8883
2,&&#'$'+*"&+("#"5*83
2%'(".!88:&2,:0:;'*:8888
2"#&$(6#(4&$6#"&+("'(.*88
20#'(.*&+("*'"88
217)+*!@,
22&+()&$4&*-#$'(.,
23/"&)&+("$4&*'+.&(4*,
28)"&+()&$4&* ),,
3&+(G"&&$4&**'*"-#'(&*&+()&$4&*(@
?&$4&*,,
3'(".!88:&2,:0:;'*:88,
3,'(".!88:&2,:0:;'*:88,
3%'(".!88:&2,:0:;'*:88,
3'(".!88:&2,:0:;'*:88,
30'(".!88:&2,:0:;'*:88,
31'(".!88:&2,:0:;'*:88,
32'(".!88:&2,:0:;'*:88,
33 ($/($)*+&+'*,
38&*&+'*"*$/'($,
+*$*(-4$,0
,5'$B5+*(,2
%#(")#($?#($ #()$,
''(&$#(")#($,,
05#((!(!@)'#-*$5'$'&( * ,,
1&6#"5'$?/"&6#(4&$)J($
,,
2##('&$*(+* ( !""#$,%
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("'#/(B5'$((*.,
5$'&*,1
#''&*H&$4&*&'*&.,1
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%'&$&*("'#/(,1
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&$4&*,8
0$4&*'$6#"J($,,
1?-'**/(/)?#",,
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8-&$#$/(/)#",,%
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,)($/**,,0
,0-4$,,1
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-#$5'E##,,2
,25$&$4&$*&+&,,8
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+"()(6#4"'*(#)"(&*&/+&(&+)*$,,8
,8''(&$5$:&$4&$!(&$4&$?,%%
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B/(/&$,%
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,0J($('($,%3
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(#4B"*$/+),%8
1"*"#!)##/&$&@(/".,
10-4$,
10,*+(.*+(.'.*!))#('.". .*.
*="***""#&$ +*"'.*-+"&+&@,
10,"*$/4,,
10%$'(. .*?(#*'.,%
10% .*!)*#//)'#"&+(",%
104"")*,%
100 /*)*,
101*&*'(.,
102&*""*$"*$/'&")"''(
&$,
103 ($,1
108&$*&/#'"!)"") $*"G.H,1
10 $(/("*.,1
10?(#*'.4*#+!)#''(*'##**)*,1
11'&.,2
12?(****&"$'(.*,2
13 (*.,3
18)")#"!*+#*'*(.,3
2A@.&/'*$,3
2 #(&/&&'$*)/(G*'(.(/)/&,8
2,(&@($),8
2% (*.,0
2%'(.K#&(&#*.#B(*+4*'(+'
"$4&$&",0
2%, +*"&$)")'(&("&&#*B5'$B/(&$
,0
@(+**#**( )8
2%%'(.((*.*/!)'(&("&&#*,0%
2&;("):*&:*)#"",0%
20'.L)*(#("),0%
21 (*.)(&**'(&*'.L,0
22*&*'&+)*&'(.!*+'&")&$ (*./($
+$#&;(":*&,0
23-)C#.,00
28("'*&@*+(*",00
3 (*.,00
3')*(#(!#(:!+,00
3,J($&$3(.,01
3%'(.)#(*.(#)+*:!+ (*.,01
3-),01
30/&*("'(.,01
31'(."4",02
32/&$&+*/($,02
336#'*,02
38'*&$,02
8&*,03
8*&$6#*'+.&(5$'**"),03
8,J($&*,03
8%'(".!,:&%8:,03
8 (*.,03
805'$,08
80-&$'+*"'#(&!@&*&*,08
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81,&$*#$(B'(",08
81,&$*#$(B'(",08
81%&$*#$(B'(",08
81&$*#$(B'(",1
810&$*#$(B'(",1
810'(".!833:&,,0:,1,1
810&$*#$(B'(",1
811&$*#$(B'(",1
812&$*#$(B'(",1
813&$*#$(B'(",1
818&$*#$(B'(",1
818&$*#$(B'(",1
81&$*#$(B'(",1
81&$*#$(B'(",1
81&$*#$(B'(",1
81&$*#$(B'(",1
81,&$*#$(B'(",1,
81%&$*#$(B'(",1,
81&$*#$(B'(",1,
82-&($,1,
82,#!)*(+",1,
82%A)"#+'#'$+,1%
82-4$,1%
820'(.&/".&*,1
821 $)$&,1
822/$)$&'(*,10
823?") .*#*"#,10
@(+**#**( )
828?").&#*-#(")*"G.-,11
82)*!)&(,11
825&'$,11
82,#(:)#($"*"",12
82% (*.(#*'.#&'$,12
82 (*.(#*'*$&,12
820*$,12
821':)*#$:(("))"*,12
822"*,13
83 .*"&*.!)"'(.H5'+*",13
83,&* ($,13
88*&$)*'(.'+*",13
88&#$)'(.**'(&'(./(/"*@(&@#*'+*"
5&'$,18
88,&&'*&'(.**'(&'(./(/"*@(&@#*
'+*",18
88%7$&**@(&@#*,2
88 ($,2
,&+'(.!"/+&(,2
,,1 ($,2
%1+*$*(@(+'(.*?*&*-4$,2,
+*$*(,2%
,&&#'$(+(*+"*.-4$,2%
%'(.H"#$"'($,2%
/("))#"?(#*.*.",2
0-'**"*$/ (*./(/)?#"@(+*
*(&*/($,20
0,-'**"*$/ (*./(/)?#"(/**.&*
/($,20
2"'$+(*+"*.*"" #()$*$,21
"*$"&*,21
,J($ ($,23
% #(&'(&.,28
&&#'$(*."+(*+&#(*$')'/*'(.,28
0'(".!,0:*5:&:%:;<#(.:,0,3
0,'(".!,0:*5:&:%:;<#(.:,0,3
1*(+**;-#$,3
2'*.'(.*$$&("*#.,3
2'&(&&#'$((*+"*.,3
3 .**#"((&$'.*-'$#",3
3,'(".!,8:&%,,:0,3%
8 (*.,3%
,E#(4&$'(-'**,3%
,0'(".!,:&%8:,3%
%0@$"&&"$5')(@*"),3%
0+*$*(,3
0-4$,3
0,&6#"?5'$,3
0% !""#$,31
0#':/&$#(*#(&)''(,32
00'&$"/$)$,32
01J($ ($C#&$,33
02'(".!,0:&1:,:);'(,:,0,33
@(+**#**( )
1#(")#($,33
1#("4$M(*$N,38
1,#()")#*"*&:'&$:"'&",38
1%#()")#))B-4$M)N,38
1#()")##*"."B-4$M"N,8
1-4$,8,
1,$4&*'&$'&$,8%
1%?$4&$"$4&*#&,8
17$&&$"""$(*$,80
10'.&$""&*,80
11"4&$#(")#($9#",80
12(*.#&,81
13 ($&(#"/)#($"'&$,81
18J($ ($,81
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§40-1. Commissioner of Labor - Powers and duties.
A. The Commissioner of Labor shall be the Chief Executive
Officer of the Department of Labor, and shall supervise the work of
that Department.
B. It shall be the duty of the Commissioner of Labor to:
1. foster, promote, and develop the welfare of the wage earners
of this state;
2. improve working conditions of the wage earners;
3. advance opportunities of wage earners for profitable
employment; and
4. carry into effect all laws in relation to labor enacted by
the Legislature for which responsibility is assigned to the
Commissioner of Labor.
C. The Commissioner of Labor may administer oaths, issue
subpoenas for the attendance of witnesses and take testimony in all
matters relating to the proper enforcement of all laws over which the
Commissioner has supervision pursuant to the provisions of the laws
of this state.
R.L.1910, § 3703; Laws 1910-11, c. 128, p. 281, § 1; Laws 1980, c.
159, § 7, emerg. eff. April 2, 1980; Laws 1991, c. 122, § 1, eff.
July 1, 1991.
§40-1.1. Reciprocal agreements with labor departments of other
states - Actions upon claims arising in other states.
A. The Commissioner of Labor may enter into reciprocal
agreements with the Labor Department or corresponding agency of
another state, or with the person, board, officer, or commission
authorized to act on behalf of that department or agency having
jurisdiction for the collection of wages unlawfully withheld from
employees by out-of-state employers and for the collection of other
debts lawfully owed to the State Department of Labor.
B. The Commissioner of Labor shall, upon the written request of
the Department of Labor or other corresponding agency of any other
state or of any person, board, officer or commission of such state
authorized to act for and on behalf of such labor department or
corresponding agency, maintain actions in the courts of this state
upon assigned claims for wages, judgments and demands arising in such
other state in the same manner and to the same extent that such
actions by the Commissioner of Labor are authorized when arising in
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this state; provided, however, that such actions may be commenced and
maintained only in those cases where such other state by appropriate
legislation or by reciprocal agreement extends a like comity to cases
arising in the state.
Added by Laws 1991, c. 122, § 2, eff. July 1, 1991.
§40-1-101. Short title.
SHORT TITLE. This act shall be known and may be cited as the
Employment Security Act of 1980.
Added by Laws 1980, c. 323, § 1-101, eff. July 1, 1980.
§40-1-102. Purpose of Act.
(1) Whoever makes a false statement or representation knowing it
to be false or knowingly fails to disclose a material fact, to obtain
or increase any benefit or other payment under this act or under the
unemployment compensation law of any state or of the federal
government, either for himself or for any other person, shall be
guilty of a misdemeanor and shall be punished by a fine of not less
than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment for not longer than ninety (90) days,
or by both such fine and imprisonment; and each such false statement
or representation or failure to disclose a material fact shall
constitute a separate offense for each week of benefits.
(2) Upon conviction sentences may be suspended or upon a plea of
guilty judgment and sentencing may be deferred only upon the
condition of full restitution to the Commission of all benefits so
obtained or the excess of any benefits so increased.
Laws 1980, c. 323, § 1-102, eff. July 1, 1980.
§40-1-103. Declaration of state public policy.
DECLARATION OF STATE PUBLIC POLICY. As a guide to the
interpretation and application of this act, the public policy of this
state is declared to be as follows: Economic insecurity due to
unemployment is a serious menace to the health, morals, and welfare
of the people of this state. Unemployment is therefore a subject of
general interest and concern which requires appropriate action by the
Legislature to prevent its spread and to lighten its burden which now
so often falls with crushing force upon the unemployed worker and his
family. The achievement of social security requires protection
against this greatest hazard of our economic life. This objective
can be furthered by operating free public employment offices in
affiliation with nationwide system of employment services, by
devising appropriate methods for reducing the volume of unemployment
and by the systematic accumulation of funds during periods of
employment, thus maintaining purchasing power and limiting the
serious social consequences of unemployment. The Legislature,
therefore, declares that in its considered judgment the public good,
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and the general welfare of the citizens of this state require the
enactment of this measure, under the police power of the state for
the establishment and maintenance of free public employment offices
and for the compulsory setting aside of unemployment reserves to be
used for the benefit of persons unemployed through no fault of their
own.
Added by Laws 1980, c. 323, § 1-103, eff. July 1, 1980.
§40-1-104. Saving clause.
SAVING CLAUSE. A. The Legislature reserves the right to amend
or repeal all or any part of the Employment Security Act at any time
and there shall be no vested private right of any kind against such
amendment or repeal. All the rights, privileges, or immunities
conferred by the Employment Security Act, or by acts done pursuant
thereto, shall exist subject to the power of the Legislature to amend
or repeal the Employment Security Act at any time.
B. If any provision of the Employment Security Act necessary for
certification for administrative grants under the Social Security Act
or tax credits under the Federal Unemployment Tax Act are determined
to be inconsistent with federal requirements by a delegate of the
Secretary of Labor, the Commission, with the concurrence of the
Oklahoma Attorney General, is authorized to administer such
provisions consistently with federal requirements until the
Legislature has an opportunity to enact appropriate legislation
during its next regularly scheduled session.
Added by Laws 1980, c. 323, § 1-104, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 1, operative Oct. 1, 1982.
§40-1-106. Section captions.
SECTION CAPTIONS. Section captions are parts of this act.
Added by Laws 1980, c. 323, § 1-106, eff. July 1, 1980.
§40-1-107. Construction against implicit repeal.
CONSTRUCTION AGAINST IMPLICIT REPEAL. This act being a general
act intended as a unified coverage of its subject matter, no part of
it shall be deemed to be impliedly repealed by subsequent legislation
if such construction can reasonably be avoided.
Added by Laws 1980, c. 323, § 1-107, eff. July 1, 1980.
§40-1-108. Indian tribes or tribal units - Benefits - Contributions
or payments - Extended benefits - Delinquencies - No waiver of
sovereign immunity.
A. The term "employer" shall include any Indian tribe for which
service in employment is performed, as defined in the Employment
Security Act of 1980.
B. The term "employment" shall include service performed in the
employ of an Indian tribe, as defined in the Federal Unemployment Tax
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Act (FUTA), 26 U.S.C., Section 3306(u), provided such service is
excluded from "employment" as defined in FUTA solely by reason of 26
U.S.C., Section 3306(c)(7), and is not otherwise excluded from
employment under the Employment Security Act of 1980. For purposes
of this section, the exclusions from employment in subparagraphs (c)
and (e) of paragraph (7) of Section 1-210 of this title shall be
applicable to services performed in the employ of an Indian tribe.
C. The terms "Indian tribe" and "tribal unit" shall have the
meanings ascribed to them in federal law. "Tribal unit" includes
subdivisions, subsidiaries, and business enterprises wholly owned by
an Indian tribe.
D. Benefits based on service in employment defined in this
section shall be payable in the same amount, on the same terms, and
subject to the same conditions as benefits payable on the basis of
other service subject to the Employment Security Act of 1980,
provided wages used to establish the claim were paid during a time in
which the account of the Indian tribe for which services were
rendered was not terminated pursuant to subparagraph a of paragraph 1
of subsection F of this section.
E. 1. An Indian tribe or tribal unit subject to the Employment
Security Act of 1980 shall pay contributions under the same terms and
conditions as required of nongovernmental employers for profit
subject to the Employment Security Act of 1980 unless the tribe
elects to pay into the State Unemployment Compensation Fund amounts
equal to the amount of benefits attributable to service in the employ
of the Indian tribe.
2. An Indian tribe or tribal unit electing to make payments in
lieu of contributions shall so notify the Oklahoma Employment
Security Commission in writing before the last day of January of the
calendar year in which the tribe wishes to begin making reimbursement
payments. If the Commission determines the Indian tribe is eligible
to exercise its option, the Indian tribe shall be 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 of the
Employment Security Act of 1980, including formation of group
accounts, and the proportionate allocation of benefit costs, except
that one hundred percent (100%) of the extended benefits attributable
to the Indian tribe shall be reimbursed. Indian tribes shall
determine whether reimbursement for benefits paid shall be elected by
the tribe as a whole, by individual tribal units, or by combinations
of individual tribal units. If any provision contained in Part 8 of
Article 3 of the Employment Security Act of 1980, including the
administrative rules implementing that Part, contradicts a provision
of this section, the provision of this section shall control.
3. An Indian tribe or tribal unit shall be billed for the full
amount of benefits attributable to service in the employ of the
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Indian tribe or tribal unit on the same schedule as other employing
units that have elected to make payments in lieu of contributions.
F. 1. a. If an Indian tribe or tribal unit thereof fails to file
the required reports and pay all late filing penalties
or fails to make required payments under the Employment
Security Act of 1980, including payment of all
interest, penalties, surcharges, or fees, a notice of
reporting or payment delinquency shall be mailed to the
Indian tribe at its last-known address. If the
delinquency is not corrected within ninety (90) days of
the date of mailing of the notice of delinquency, the
account of the Indian tribe shall be terminated and
notice of termination shall be mailed to the tribe at
its last-known address, together with a statement of
protest rights available pursuant to Section 3-115 of
this title. If the account of an Indian tribe is
terminated pursuant to this subparagraph, the Indian
tribe shall not be considered an "employer" for
purposes of subsection A of this section, and services
performed for the Indian tribe shall not be considered
"employment" for purposes of subsection B of this
section.
b. The Oklahoma Employment Security Commission may
reinstate the account of any Indian tribe that loses
coverage under subparagraph a of this subsection if the
tribe pays all contributions, payments in lieu of
contributions, interest, penalties, surcharges, and
fees that are due and owing. Upon reinstatement, the
tribe shall again be considered an "employer" for
purposes of subsection A of this section and services
performed for the tribe shall again be considered
"employment" for purposes of subsection B of this
section.
2. a. Failure of an Indian tribe or tribal unit to make
required payments, including assessments of interest,
penalties, surcharges, and fees within ninety (90) days
of the due date for payment shall cause the Indian
tribe to lose the option to make payments in lieu of
contributions, as described in subsection E of this
section, for the following tax year unless payment in
full is received before January 31 of the next tax
year.
b. Any Indian tribe that loses the option to make payments
in lieu of contributions due to late payment or
nonpayment, as described in subparagraph a of this
paragraph, shall have the option reinstated if, after a
period of one (1) year, all contribution payments have
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been timely made, provided no contributions, payments
in lieu of contributions for benefits paid, interest,
penalties, surcharges, or fees remain outstanding.
G. The notice of payment or reporting delinquency to Indian
tribes or their tribal units, referred to in subparagraph a of
paragraph 1 of subsection F of this section, shall include
information that failure to make full payment and file required
reports within the prescribed time frame shall cause:
1. The Indian tribe to be liable for taxes under FUTA;
2. The Indian tribe to lose the option to make payments in lieu
of contributions;
3. The Indian tribe to be excepted from the definition of
"employer", as provided in subsection A of this section; and
4. Services performed in the employ of the Indian tribe to be
excepted from the definition of "employment", as provided in
subsection B of this section.
H. Extended benefits paid that are attributable to service in
the employ of an Indian tribe and not reimbursed by the United
States government shall be financed in their entirety by the Indian
tribe.
I. If an Indian tribe fails to make required payments under the
Employment Security Act of 1980, including the payment of all
interest, penalties, surcharges, and fees, within ninety (90) days of
the mailing of the notice of payment delinquency, the Oklahoma
Employment Security Commission shall immediately notify the United
States Internal Revenue Service and the United States Department of
Labor.
J. The provisions of subsections K and L of this section shall
provide a transition for the implementation of Section 166 of Public
Law 106-554 enacted by the Congress of the United States and
effective December 21, 2000, so that Indian tribes may qualify for
federal tax credits and employees of Indian tribes may be eligible
for benefits.
K. Any Indian tribe which did not have an active account with
the Oklahoma Employment Security Commission from January 1, 2001, to
the effective date of this section, but which desires to be covered
for benefits for that period of time, may elect to be subject to one
of the following, if the tribe notifies the Commission of the
election in writing:
1. To pay contributions. If the tribe elects to make payments
for contributions, interest or penalties shall not be assessed
against such tribe for the period from January 1, 2001, to the
effective date of this section if full payment for all contributions
due is made within twenty (20) days after an account is established
for the tribe; or
2. To make payments in lieu of contributions. If the tribe
elects to make payments in lieu of contributions, interest or
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penalties shall not be assessed against such tribe for the period
from January 1, 2001, to the effective date of this section if all
reports that are due for that period are filed within twenty (20)
days after an account is established for the tribe.
L. Any Indian tribe which did not have an active account with
the Oklahoma Employment Security Commission from January 1, 2001, to
the effective date of this section and does not desire to be covered
for benefits for that period shall be covered by the provisions of
subsections A through I of this section. The coverage for any such
tribe shall be prospective only and shall not entitle any employee of
the tribe to benefits for any period prior to the effective date of
this section.
M. Indian tribes paying contributions prior to the date of this
section shall not be able to make an election to make payments in
lieu of contributions for the period from January 1, 2001, to the
effective date of this section. Any change in election shall be
prospective only.
N. Participation by any Indian tribe in the state unemployment
insurance system shall not operate as a waiver of the sovereign
immunity of the tribe.
Added by Laws 2002, c. 452, § 1, eff. July 1, 2002. Amended by Laws
2008, c. 132, § 1, eff. Nov. 1, 2008.
§40-1-109. Unemployment benefits impact study.
If a proposed new law or amendment to an existing law will have
the effect of expanding unemployment benefits available to
unemployment benefit claimants, the Oklahoma Employment Security
Commission shall study the fiscal impact the benefit expansion will
have upon Oklahoma's Unemployment Trust Fund established pursuant to
42 U.S.C., Section 1104. The impact study shall be presented to each
house of the Legislature before the final vote on the bill containing
the provision and shall be sent to the Governor before final approval
of the bill containing the provision.
Added by Laws 2013, c. 71, § 1, eff. Nov. 1, 2013.
§40-1-201. General definitions.
GENERAL DEFINITIONS. The words and phrases used in this act
shall, unless the context clearly requires otherwise, have the
meanings prescribed in Part 2 of this Article.
Added by Laws 1980, c. 323, § 1-201, eff. July 1, 1980.
§40-1-202. Base period.
BASE PERIOD. "Base period" means the first four (4) of the last
five (5) completed calendar quarters immediately preceding the first
day of an individual's benefit year.
Added by Laws 1980, c. 323, § 1-202, eff. July 1, 1980.
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§40-1-202.1. Extended Base Period.
EXTENDED BASE PERIOD.
If an individual lacks sufficient base period wages because of a
job-related injury for which the individual received total temporary
disability payments awarded by the Workers' Compensation Court, upon
written application by the claimant, an extended base period will be
substituted for the current base period on a quarter-by-quarter basis
as needed to establish a valid claim. "Extended base period" means
the four quarters prior to the claimant's base period. These four
quarters may be substituted for base period quarters on a quarter-by-
quarter basis to establish a valid claim regardless of whether the
wages have been used to establish a prior claim, except any wages
earned that would render the Commission out of compliance with
applicable federal law will be excluded if used in a prior claim.
Benefits paid on the basis of an extended base period, which would
not otherwise be payable, shall be noncharged.
Added by Laws 1997, c. 30, § 1, eff. July 1, 1997. Renumbered from §
1-202A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
§40-1-202.2. Alternative base period.
ALTERNATIVE BASE PERIOD.
“Alternative Base Period” means the most recent four (4)
completed calendar quarters immediately preceding the first day of an
individual’s benefit year. In the event that an individual’s claim
uses an alternative base period to meet the wage requirement under
Section 2-207 of Title 40 of the Oklahoma Statutes, this “alternative
base period” shall be substituted for “base period” for all other
purposes under the Employment Security Act of 1980.
Added by Laws 2002, c. 452, § 2, eff. Nov. 1, 2002. Renumbered from
§ 202B of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
§40-1-202A. Renumbered as § 1-202.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-1-202B. Renumbered as § 1-202.2 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-1-203. Benefits.
BENEFITS. "Benefits" mean the money payments payable to an
individual as provided in this act with respect to his unemployment,
including extended benefits. The federal share of such extended
benefits shall not be construed as benefits for the purposes of
computing contribution rates under this act.
Added by Laws 1980, c. 323, § 1-203, eff. July 1, 1980.
§40-1-204. Benefit year.
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BENEFIT YEAR. "Benefit year" with respect to any individual
means the one-year period beginning with the first day of the first
week with respect to which the individual first files a valid claim
for benefits and thereafter the one-year period beginning with the
first day of the first week with respect to which the individual next
files a valid claim for benefits after the termination of his last
preceding benefit year. Any claim for benefits shall be deemed a
valid claim for the purpose of this section if the individual has
been paid the wages for insured work required under this act.
Added by Laws 1980, c. 323, § 1-204, eff. July 1, 1980.
§40-1-205. Calendar quarter.
CALENDAR QUARTER. "Calendar quarter" means the period of three
(3) consecutive calendar months ending on March 31, June 30,
September 30, or December 31, or the equivalent thereof as the
Commission may by regulation prescribe.
Added by Laws 1980, c. 323, § 1-205, eff. July 1, 1980.
§40-1-206. Commission, Commissioner.
COMMISSION, COMMISSIONER. "Commission" means the Oklahoma
Employment Security Commission and "Commissioner" means a member of
such Commission.
Added by Laws 1980, c. 323, § 1-206, eff. July 1, 1980.
§40-1-207. Contributions.
CONTRIBUTIONS. "Contributions" mean the money payments,
including taxes and reimbursements, required by this act to be paid
into the Unemployment Compensation Fund by an employer.
Added by Laws 1980, c. 323, § 1-207, eff. July 1, 1980.
§40-1-208. Employer.
EMPLOYER.
"Employer" means:
1. Any employing unit, except as provided under paragraphs 10
and 11 of this section, which:
a. for some portion of a day, but not necessarily
simultaneously, in each of twenty (20) different
calendar weeks, whether or not such weeks are or were
consecutive, within either the calendar year or the
preceding calendar year, and for the purpose of this
definition if any week includes both December 31 and
January 1, the days up to January 1 shall be deemed one
(1) calendar week and the days beginning January 1
another such week, has or had in employment one or more
individuals, irrespective of whether the same
individuals are or were employed in each such day, or
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b. in any calendar quarter, in either the calendar year or
preceding calendar year paid for service in employment
wages of One Thousand Five Hundred Dollars ($1,500.00)
or more;
2. Any individual or employing unit, whether or not an employing
unit at the time of the acquisition, which acquired substantially all
of the organization, employees, trade, business, or assets thereof,
of another which at the time of such acquisition was an employer
subject to the Employment Security Act of 1980; or which acquired a
part of the organization, employees, trade, or business of another
employing unit which at the time of such acquisition was an employer
subject to the Employment Security Act of 1980;
3. Any individual or employing unit, whether or not an employing
unit at the time of acquisition, which acquired substantially all of
the organization, employees, trade, business, or assets thereof, of
another employing unit, if the employment record of such individual
or employing unit subsequent to such acquisition, together with the
employment record of the acquired unit prior to such acquisition,
both within the same calendar year, would be sufficient to constitute
an employing unit and employer subject to the Employment Security Act
of 1980 under paragraph 1 of this section; or any individual or
employing unit which acquired substantially all of the organization,
employees, trade, business, or assets of another employing unit if
such employing unit subsequent to such acquisition, and such acquired
unit prior to such acquisition, both within the same calendar
quarter, together paid for service in employment wages totaling One
Thousand Five Hundred Dollars ($1,500.00) or more;
4. Any employing unit which, together with one or more other
employing units, is owned or controlled, by legally enforceable means
or otherwise, directly by the same interest, or which owns or
controls one or more other employing units, by legally enforceable
means or otherwise, and which, if treated as a single unit with such
other employing unit, would be an employer under paragraph 1 of this
section;
5. Any employing unit which, having become an employer under
paragraph 1, 2, 3, 4, 6, 8, 10, 11 or 12 of this section has not,
under Section 3-202 of this title, ceased to be an employer subject
to the Employment Security Act of 1980;
6. For the effective period of its election pursuant to Section
3-203 of this title any other employing unit which has elected to
become subject to the Employment Security Act of 1980;
7. Any department of this state, any other state, and all
instrumentalities thereof, including any political subdivisions and
their instrumentalities, for which service in employment, as defined
in paragraph (3) of Section 1-210 of this title, is performed, except
as provided under paragraphs 10 and 11 of this section;
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8. Any employing unit for which service in employment, as
defined in paragraph (4) of Section 1-210 of this title, is
performed, except as provided under paragraphs 10 and 11 of this
section;
9. For purposes of paragraphs 1, 8, 10 and 11 of this section,
employment shall include service which would constitute employment
but for the fact that the service is deemed to be performed entirely
within another state pursuant to an election under an arrangement
entered into in accordance with Section 4-702 of this title by the
Oklahoma Employment Security Commission and an agency charged with
the administration of any other state or federal unemployment
compensation law;
10. Any employing unit for which agricultural labor as defined
in paragraph (5) of Section 1-210 of this title is performed. In
determining whether or not an employing unit for which service other
than agricultural labor is also performed is an employer under
paragraph 1, 7, 8 or 11 of this section, the wages earned or the
employment of an employee performing service in agricultural labor
shall not be taken into account;
11. Any employing unit for which domestic service in employment
as defined in paragraph (6) of Section 1-210 of this title is
performed. In determining whether or not an employing unit for which
service other than domestic service is also performed is an employer
under paragraph 1, 7, 8 or 10 of this section, the wages earned or
the employment of an employee performing domestic service shall not
be taken into account;
12. Any employing unit which is not an employer by reason of any
other provisions of the Employment Security Act of 1980 shall
nevertheless be an "employer" if either:
a. within the calendar year or preceding calendar year,
service is or was performed, with respect to which the
employing unit is liable for any federal tax against
which credit may be taken by the employing unit for
contributions required to be paid by it into a state
unemployment fund, or
b. the employing unit is required to be an "employer" as a
condition for approval of the Employment Security Act
of 1980 for full tax credit to be allowed against the
tax imposed by the Federal Unemployment Tax Act, 26
U.S.C., Section 3301 et seq.; or
13. If two or more employers share common ownership, management,
or control, the Commission may combine their merit rating accounts,
including their actual contribution and benefit experience, annual
payrolls, and contribution rates into one account.
Added by Laws 1980, c. 323, § 1-208, eff. July 1, 1980. Amended by
Laws 1990, c. 333, § 1, emerg. eff. May 31, 1990; Laws 1993, c. 219,
§ 1, eff. Sept. 1, 1993; Laws 1997, c. 30, § 2, eff. July 1, 1997;
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Laws 2005, c. 182, § 1, eff. Nov. 1, 2005; Laws 2006, c. 176, § 1,
eff. July 1, 2006; Laws 2008, c. 132, § 2, eff. Nov. 1, 2008.
§40-1-208.1. Motor carrier not employer of lessor or driver.
MOTOR CARRIER NOT EMPLOYER OF LESSOR OR DRIVER.
In no event will a motor carrier be determined to be the employer
of a lessor as defined in Section 166a or 230.29 of Title 47 of the
Oklahoma Statutes, or of a driver receiving compensation from a
lessor.
Added by Laws 1986, c. 223, § 23, emerg. eff. June 9, 1986. Amended
by Laws 2002, c. 452, § 3, eff. Nov. 1, 2002. Renumbered from § 1-
208A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
§40-1-208A. Renumbered as § 1-208.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-1-209. Employing unit.
EMPLOYING UNIT.
"Employing unit" means any individual or type of organization,
including any partnership, association, trust, estate, joint stock
company, insurance company, limited liability company or corporation,
whether domestic or foreign, or the receiver, trustee in bankruptcy,
trustee or successor thereof, or the legal representative of a
deceased person, which has or subsequent to January 1, 1936, had in
its employ one or more individuals performing services for it within
this state.
All individuals performing services within this state for any
employing unit which maintains two or more separate establishments
within this state shall be deemed to be employed by a single
employing unit for all the purposes of the Employment Security Act of
1980, except as provided under paragraphs 10 and 11 of Section 1-208
of this title.
Whenever any employing unit contracts with or has under it any
contractor or subcontractor for any employment, which is part of its
usual trade, occupation, profession, or business, unless the
employing unit as well as each such contractor or subcontractor is an
employer by reason of Section 1-208 or Section 3-203 of this title,
the employing unit shall for all the purposes of the Employment
Security Act of 1980 be deemed to employ each individual in the
employ of each such contractor or subcontractor for each day during
which such individual is engaged in performing such employment;
except that each such contractor or subcontractor who is an employer
by reason of Section 1-208 or Section 3-203 of this title shall alone
be liable for the contributions measured by wages paid to individuals
employed by the contractor or subcontractor, and except that any
employing unit which shall become liable for and pay contributions
with respect to individuals in the employ of any such contractor or
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subcontractor who is not an employer by reason of Section 1-208 or
Section 3-203 of this title may recover the same from such contractor
or subcontractor.
Each individual employed to perform or to assist in performing
the work of any agent or employee of an employing unit shall be
deemed to be employed by such employing unit for all the purposes of
the Employment Security Act of 1980, whether such individual was
hired or paid directly by such employing unit or by such agent or
employee of an employing unit, provided the employing unit had actual
or constructive knowledge of the employment.
Added by Laws 1980, c. 323, § 1-209, eff. July 1, 1980. Amended by
Laws 2002, c. 452, § 4, eff. Nov. 1, 2002; Laws 2010, c. 216, § 1,
eff. July 1, 2010.
§40-1-209.1. Lessor employing unit.
LESSOR EMPLOYING UNIT. A. "Lessor employing unit" means any
independently established business entity which engages in the
business of providing leased employees to any other employer,
individual, organization, partnership, corporation or other legal
entity, referred to herein as a client lessee.
B. Any employer or any individual, organization, partnership,
corporation or other legal entity which meets the definition of
lessor employing unit shall be liable for contribution on wages paid
by the lessor employing unit to individuals performing services for
client lessees of the lessor employing unit.
C. Unless the lessor employing unit has timely complied with the
provisions of this section, any employer, individual, organization,
partnership, corporation or other legal entity leasing employees from
any lessor employing unit shall be jointly and severally liable for
any unpaid contributions, interest, penalties and fees due under this
section from any lessor employing unit attributable to wages for
services performed for the client lessee entity by the employees
leased to the client lessee entity.
D. In order to relieve client lessees from joint and several
liability imposed under this section, any lessor employing unit as
defined herein may post and maintain a surety bond issued by a
corporate surety authorized to do business in this state in an amount
equivalent to the contributions for which the lessor employing unit
was liable in the last calendar year in which it accrued
contributions, or One Hundred Thousand Dollars ($100,000.00),
whichever amount is the greater, to ensure prompt payment of
contributions, interest, penalties and fees for which the lessor
employing unit may be or may become liable under this section.
E. Any lessor employing unit as defined herein which is
currently engaged in the business of leasing employees to client
lessees shall comply with the provisions of this section by January
1, 1991.
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F. Any lessor employing unit not engaged in the business of
leasing employees to client lessees on or before the effective date
of this act shall comply with the requirements herein before entering
into lease agreements with client lessees.
Added by Laws 1990, c. 333, § 2, emerg. eff. May 31, 1990. Amended
by Laws 1993, c. 219, § 2, eff. Sept. 1, 1993. Renumbered from § 1-
209A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
§40-1-209.2. Professional Employer Organization definitions.
A. 1. A "Professional Employer Organization" or "PEO" is an
organization that is subject to the Oklahoma Professional Employer
Organization Recognition and Registration Act and which meets the
definition set out in paragraph 9 of Section 600.2 of Title 40 of the
Oklahoma Statutes.
2. "Client" shall have the same meaning as provided by paragraph
1 of Section 600.2 of Title 40 of the Oklahoma Statutes.
3. "Coemployer" shall have the same meaning as provided by
paragraph 2 of Section 600.2 of Title 40 of the Oklahoma Statutes.
4. "Coemployment relationship" shall have the same meaning as
provided by paragraph 3 of Section 600.2 of Title 40 of the Oklahoma
Statutes.
5. "Covered employee" shall have the same meaning as provided by
paragraph 5 of Section 600.2 of Title 40 of the Oklahoma Statutes.
B. For purposes of the Employment Security Act of 1980, the PEO
and its client shall be considered coemployers of the covered
employees that are under the direction and control of the client.
C. If a PEO fails to become or remain registered under the
Oklahoma Professional Employer Organization Recognition and
Registration Act, the entity shall be considered a third-party
administrator of the client account. As a third-party administrator,
a power of attorney will be required to obtain information from the
client's account.
Added by Laws 2014, c. 221, § 1, eff. Nov. 1, 2014.
§40-1-209A. Renumbered as § 1-209.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-1-210. Employment.
EMPLOYMENT.
"Employment" means:
(1) Any service, including service in interstate commerce,
performed by:
(a) any officer of a corporation; or
(b) any individual who, under the usual common-law rules
applicable in determining the employer-employee
relationship, as provided in paragraph (14) of this
section, has the status of an employee.
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(2) (a) any service, including service in interstate commerce,
performed by any individual other than an individual
who is an employee under paragraph (1) of this section
who performs services for remuneration for any person:
(i) as an agent-driver or commission-driver engaged in
distributing meat products, vegetable products,
fruit products, bakery products, beverages other
than milk, or laundry or dry cleaning services,
for his or her principal; or
(ii) as a traveling or city salesperson, other than as
an agent-driver or commission-driver, engaged upon
a full-time basis in the solicitation on behalf
of, and the transmission to, his or her principal,
except for sideline sales activities on behalf of
some other person, of orders from wholesalers,
retailers, contractors, or operators of hotels,
restaurants or other similar establishments for
merchandise for resale or supplies for use in
their business operations;
(b) provided, the term "employment" shall include services
described in divisions (i) and (ii) of subparagraph (a)
of this paragraph if:
(i) the contract of service contemplates that
substantially all of the services are to be
performed personally by such individual;
(ii) the individual does not have a substantial
investment in facilities used in connection with
the performance of the services, other than in
facilities for transportation; and
(iii) the services are not in the nature of a single
transaction that is not part of a continuing
relationship with the person for whom the services
are performed.
(3) Service performed in the employ of this state or any of its
instrumentalities or any political subdivision thereof or any of its
instrumentalities or any instrumentality of more than one of the
foregoing or any instrumentality of any of the foregoing and one or
more other states or political subdivisions; provided, that such
service is excluded from "employment" as defined in the Federal
Unemployment Tax Act, 26 U.S.C., Section 3306(c)(7), and is not
excluded from "employment" under paragraph (7) of this section.
(4) Service performed by an individual in the employ of a
community chest, fund, foundation or corporation, organized and
operated exclusively for religious, charitable, scientific, testing
for public safety, literary or educational purposes, or for the
prevention of cruelty to children or animals, no part of the net
earnings of which inures to the benefit of any private shareholder or
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individual, no substantial part of the activities of which is
carrying on propaganda, or otherwise attempting to influence
legislation and which does not participate in, or intervene in,
including the publishing or distributing of statements, any political
campaign on behalf of any candidate for public office; provided that
such organization had four or more individuals in employment for some
portion of a day in each of twenty (20) different weeks, whether or
not such weeks were consecutive, within either the calendar year or
preceding calendar year, regardless of whether they were employed at
the same moment of time.
(5) Service performed by an individual in agricultural labor as
defined in subparagraph (a) of paragraph (15) of this section when:
(a) the service is performed for a person who:
(i) during any calendar quarter in either the calendar
year or the preceding calendar year, paid
remuneration in cash of Twenty Thousand Dollars
($20,000.00) or more to individuals employed in
agricultural labor; or
(ii) for some portion of a day in each of twenty (20)
different calendar weeks, whether or not the weeks
were consecutive, in either the calendar year or
the preceding calendar year, employed in
agricultural labor ten or more individuals,
regardless of whether they were employed at the
same moment of time.
(b) for the purposes of this paragraph any individual who
is a member of a crew furnished by a crew leader to
perform service in agricultural labor for any other
person shall be treated as an employee of the crew
leader:
(i) if the crew leader holds a valid certificate of
registration under the Farm Labor Contractor
Registration Act of 1963, Public Law 95-562, 29
U.S.C., Sections 1801 through 1872; or
substantially all the members of the crew operate
or maintain tractors, mechanized harvesting or
crop-dusting equipment, or any other mechanized
equipment, which is provided by the crew leader;
and
(ii) if the individual is not an employee of the other
person within the meaning of paragraph (1) of this
section or subparagraph (d) of this paragraph.
(c) for the purposes of this paragraph, in the case of any
individual who is furnished by a crew leader to perform
service in agricultural labor for any other person and
who is not treated as an employee of the crew leader
under subparagraph (b) of this paragraph:
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(i) the other person and not the crew leader shall be
treated as the employer of the individual; and
(ii) the other person shall be treated as having paid
cash remuneration to the individual in an amount
equal to the amount of cash remuneration paid to
the individual by the crew leader, either on his
or her own behalf or on behalf of the other
person, for the service in agricultural labor
performed for the other person.
(d) for the purposes of this paragraph, the term "crew
leader" means an individual who:
(i) furnishes individuals to perform service in
agricultural labor for any other person;
(ii) pays, either on his or her own behalf or on behalf
of another person, the individuals so furnished by
the crew leader for the service in agricultural
labor performed by them; and
(iii) has not entered into a written agreement with the
other person (farm operator) under which the
individual is designated as an employee of the
other person.
(6) The term "employment" shall include domestic service in a
private home, local college club or local chapter of a college
fraternity or sorority performed for a person or entity who paid cash
remuneration of One Thousand Dollars ($1,000.00) or more to
individuals employed in domestic service in any calendar quarter in
the calendar year or the preceding calendar year.
(7) For the purposes of paragraphs (3) and (4) of this section
the term "employment" does not apply to service performed:
(a) in the employ of:
(i) a church or convention or association of churches;
(ii) an organization which is operated primarily for
religious purposes and which is operated,
supervised, controlled, or principally supported
by a church or convention or association of
churches; or
(iii) an elementary or secondary school which is
operated primarily for religious purposes, which
is described in 26 U.S.C., Section 501(c)(3), and
which is exempt from tax under 26 U.S.C., Section
501(a);
(b) by a duly ordained, commissioned or licensed minister
of a church in the exercise of his or her ministry or
by a member of a religious order in the exercise of
duties required by the order;
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(c) in the employ of a governmental entity referred to in
paragraph (3) of this section if the service is
performed by an individual in the exercise of duties:
(i) as an elected official;
(ii) as a member of a legislative body, or a member of
the judiciary of a state or political subdivision;
(iii) as a member of the State National Guard or Air
National Guard;
(iv) as an employee serving on a temporary basis in
case of fire, storm, snow, earthquake, flood or
similar emergency;
(v) in a position which, under or pursuant to the laws
of this state, is designated as a major nontenured
policymaking or advisory position, or a
policymaking or advisory position the performance
of the duties of which ordinarily does not require
more than eight (8) hours per week;
(vi) as an election official or election worker if the
amount of remuneration received by the individual
during the calendar year for services as an
election official or election worker is less than
One Thousand Dollars ($1,000.00);
(d) by an individual who is participating or enrolled in a
program of an organization that provides rehabilitation
through work for individuals whose earning capacity is
impaired by age, physical or mental deficiency, or
injury, or a program of an organization that provides
work for individuals who, because of their impaired
mental or physical capacity cannot be readily absorbed
into the competitive labor market; provided that the
services are performed by a program participant on real
property owned or leased directly by the organization
or by a program participant working under a special
certificate issued by the U.S. Secretary of Labor
pursuant to 29 U.S.C., Section 214(c) and 29 C.F.R.,
Section 525.1 et seq.;
(e) as part of an unemployment work-relief or work-training
program assisted or financed in whole or in part by any
federal agency or an agency of a state or political
subdivision thereof or of an Indian tribe, by an
individual receiving such work-relief or work-training;
or
(f) by an inmate of a custodial or penal institution.
(8) The term "employment" shall include the service of an
individual who is a citizen of the United States, performed outside
the United States, except in Canada, in the employ of an American
employer other than service which is deemed "employment" under the
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provisions of paragraph (11) or (12) of this section or the parallel
provisions of another state's law, if:
(a) the employer's principal place of business in the
United States is located in this state;
(b) the employer has no place of business in the United
States, but:
(i) the employer is an individual who is a resident of
this state;
(ii) the employer is a corporation which is organized
under the laws of this state; or
(iii) the employer is a partnership or a trust and the
number of the partners or trustees who are
residents of this state is greater than the number
who are residents of any one other state;
(c) none of the criteria of subparagraphs (a) and (b) of
this paragraph are met but the employer has elected
coverage in this state or, the employer having failed
to elect coverage in any state, the individual has
filed a claim for benefits, based on such service,
under the laws of this state;
(d) an "American employer", for purposes of this
subsection, means a person who is:
(i) an individual who is a resident of the United
States;
(ii) a partnership if two-thirds (2/3) or more of the
partners are residents of the United States;
(iii) a trust, if all of the trustees are residents of
the United States; or
(iv) a corporation organized under the laws of the
United States or of any state; and
(e) the term "United States", for the purposes of this
subsection, includes the states, the District of
Columbia, the Commonwealth of Puerto Rico and the
Virgin Islands.
(9) Notwithstanding paragraph (11) of this section, all service
performed by an officer or member of the crew of an American vessel
on or in connection with the vessel, if the operating office, from
which the operations of the vessel operating on navigable waters
within, or within and without, the United States are ordinarily and
regularly supervised, managed, directed and controlled is within this
state.
(10) Notwithstanding any other provisions of the Employment
Security Act of 1980, "employment":
(a) includes any service with respect to which a tax is
required to be paid under any federal law imposing a
tax against which credit may be taken for contributions
required to be paid into a state unemployment fund; and
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(b) includes any service which is required to be
"employment" for full tax credit to be allowed against
the tax imposed by the Federal Unemployment Tax Act of
1954, Public Law 591, Chapter 736, as amended, 26
U.S.C., Section 3301 et seq.
(11) The term "employment" shall include an individual's entire
service, performed within or both within and without this state if:
(a) the service is localized in this state; or
(b) the service is not localized in any state but some of
the service is performed in this state and:
(i) the individual's base of operations, or, if there
is no base of operations, then the place from
which the individual's employment is directed or
controlled is in this state; or
(ii) the individual's base of operations or place from
which the service is directed or controlled is not
in any state in which some part of the service is
performed but the individual's residence is in
this state.
(12) (a) Services covered by an election pursuant to Section 3-
203 of this title; and
(b) services covered by an arrangement pursuant to Section
4-701 et seq. of this title between the Oklahoma
Employment Security Commission and the agency charged
with the administration of any other state or federal
unemployment compensation law, pursuant to which all
services performed by an individual for an employing
unit are deemed to be performed entirely within this
state,
shall be deemed to be employment if the Commission has approved an
election of the employing unit for whom such services are performed,
pursuant to which the entire service of such individual during the
period covered by such election is deemed to be insured work.
(13) Service shall be deemed to be localized within a state if:
(a) the service is performed entirely within such state; or
(b) the service is performed both within and without such
state, but the service performed without such state is
incidental to the individual's service within the
state; for example, is temporary or transitory in
nature or consists of isolated transactions.
(14) Notwithstanding any other provision of this subsection,
services performed by an individual for wages shall be deemed to be
employment subject to the Employment Security Act of 1980 if the
services are performed by the individual in an employer-employee
relationship with the employer using the 20-factor test used by the
Internal Revenue Service of the United States Department of Treasury
in Revenue Ruling 87-41, 1987-1 C.B. 296. The Oklahoma Employment
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Security Commission shall have the excusive authority to make a
determination of whether an individual is an independent contractor
or employee.
(15) The term "employment" shall not include:
(a) services performed by an individual in agricultural
labor, except as provided under paragraph (5) of this
section. Services performed by an individual who is a
nonresident alien admitted to the United States to
perform agricultural labor, pursuant to 8 U.S.C.,
Sections 1101(a), 1184(c) and 1188. For purposes of
this subparagraph, the term "agricultural labor" means
remunerated service performed in agricultural labor as
defined in the Federal Unemployment Tax Act, 26 U.S.C.,
Section 3306(k);
(b) domestic service, except as provided under paragraph
(6) of this section, in a private home, local college
club, or local chapter of a college fraternity or
sorority;
(c) service performed by an individual in the employ of his
or her son, daughter, or spouse, and service performed
by a child under the age of twenty-one (21) in the
employ of his or her father or mother, or both father
and mother;
(d) service performed in the employ of the United States
government or an instrumentality of the United States
exempt under the Constitution of the United States from
the contributions imposed by the Employment Security
Act of 1980, except that to the extent that the
Congress of the United States shall permit states to
require any instrumentalities of the United States to
make payments into an unemployment fund under a state
unemployment compensation law, all of the provisions of
the Employment Security Act of 1980 shall be applicable
to such instrumentalities, and to services performed
for such instrumentalities, in the same manner, to the
same extent, and on the same terms as to all other
employers, employing units, individuals and services;
provided that if this state shall not be certified for
any year by the Secretary of Labor of the United States
under the Federal Internal Revenue Code, 26 U.S.C.,
Section 3304(c), the payments required of such
instrumentalities with respect to the year shall be
refunded by the Commission from the fund in the same
manner and within the same period as is provided in
Section 3-304 of this title with respect to
contributions erroneously collected;
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(e) service with respect to which unemployment compensation
is payable under an unemployment compensation system
established by an act of Congress;
(f) service performed in the employ of a foreign
government, including service as a consul or other
officer or employee or a nondiplomatic representative;
(g) service performed in the employ of an instrumentality
wholly owned by a foreign government:
(i) if the service is of a character similar to that
performed in foreign countries by employees of the
United States government or of an instrumentality
thereof, and
(ii) if the Commission finds that the United States
Secretary of State has certified to the United
States Secretary of the Treasury that the foreign
government, with respect to whose instrumentality
exemption is claimed, grants an equivalent
exemption with respect to similar service
performed in the foreign country by employees of
the United States government and of
instrumentalities thereof;
(h) service covered by an arrangement between the
Commission and the agency charged with the
administration of any other state or federal
unemployment compensation law pursuant to which all
services performed by an individual for an employing
unit during the period covered by such employing unit's
duly approved election, are deemed to be performed
entirely within the jurisdiction of such other state or
federal agency;
(i) service performed as a student nurse in the employ of a
hospital or a nurses' training school by an individual
who is enrolled and is regularly attending classes in a
nurses' training school chartered or approved pursuant
to state law; and service performed as an intern in the
employ of a hospital by an individual who has completed
a four-year course in a medical school chartered or
approved pursuant to state law;
(j) service performed by an individual for a person, firm,
association, trust, partnership or corporation as an
insurance agent, or as an insurance solicitor or as a
licensed real estate agent, if all such service
performed by such individual for such person is
performed for remuneration solely by way of commissions
or fees;
(k) service performed by an individual under the age of
eighteen (18) in the delivery and distribution of
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newspapers or shopping news, not including delivery or
distribution to any point for subsequent delivery or
distribution, and services performed by an individual
eighteen (18) years of age or older who meets the
definition of a "direct seller" as defined in 26
U.S.C., Section 3508(b)(2), that states in pertinent
part:
(i) the individual must be engaged in the delivery or
distribution of newspapers or shopping news,
including any services directly related to such
trade or business,
(ii) substantially all the remuneration, whether or not
paid in cash, for the performance of the services
described in division (i) of this subparagraph is
directly related to sales or other output,
including the performance of services, rather than
the number of hours worked, and
(iii) the services performed by the individual are
performed pursuant to a written contract between
the person and the person for whom the services
are performed and the contract provides that the
person will not be treated as an employee with
respect to the services;
(l) service performed in the employ of a school, college or
university, if the service is performed:
(i) by a student who is enrolled and is regularly
attending classes at the school, college, or
university, or
(ii) by the spouse of the student, if the spouse is
advised, at the time the spouse commences to
perform the service, that:
(I) the employment of the spouse to perform the
service is provided under a program to
provide financial assistance to the student
by the school, college, or university, and
(II) the employment will not be covered by any
program of unemployment insurance;
(m) service performed by an individual who is enrolled at a
nonprofit or public educational institution which
normally maintains a regular faculty and curriculum and
normally has a regularly organized body of students in
attendance at the place where its educational
activities are carried on as a student in a full-time
program, taken for credit at the institution, which
combines academic instruction with work experience, if
the service is an integral part of the program, and the
institution has so certified to the employer, except
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that this provision shall not apply to service
performed in a program established for or on behalf of
an employer or group of employers;
(n) service performed in the employ of a hospital, if the
service is performed by a patient of the hospital;
(o) services performed by cooperative extension personnel
holding federal appointments employed by state
institutions of higher learning;
(p) earnings of employees being paid by state warrants who
are presently covered by the Federal Unemployment
Compensation Act, 5 U.S.C., Section 8501 et seq., by
virtue of their federal status;
(q) cosmetology services performed by an individual in a
beauty shop, as defined by Section 199.1 of Title 59 of
the Oklahoma Statutes, pursuant to an agreement whereby
the owner of the beauty shop leases or rents facilities
for cosmetology to such individual;
(r) barbering services performed by an individual in a
barber shop, as defined by Section 61.5 of Title 59 of
the Oklahoma Statutes, pursuant to an agreement whereby
the owner of the barber shop leases or rents facilities
for barbering to such individual;
(s) services performed as a participant in a work or
training program administered by the Department of
Human Services;
(t) riding services performed by a jockey and services
performed by a trainer of race horses in preparation
for and during an approved race meeting licensed by the
Oklahoma Horse Racing Commission;
(u) service performed by an individual whose remuneration
consists solely of commissions, overrides, bonuses, and
differentials related to sales or other output derived
from in-person sales to, or solicitation of orders
from, ultimate consumers primarily in the home, or
otherwise than in a permanent retail establishment;
(v) service performed by a person, commonly referred to as
"owner-operator", who owns or leases a truck-tractor or
truck for hire, provided the owner-operator actually
operates the truck-tractor or truck and, further, that
the entity contracting with the owner-operator is not
the lessor of the truck-tractor or truck;
(w) services performed as a chopper of cotton who weeds or
thins cotton crops by hand or hoe. This subsection
shall be interpreted and applied consistently with the
Federal Unemployment Tax Act, 26 U.S.C., Sections
3304(a)(6)(A) and 3306(k);
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(x) services performed for a private for-profit person or
entity by an individual as a landman:
(i) if the individual is engaged primarily in
negotiating for the acquisition or divestiture of
mineral rights or negotiating business agreements
that provide for the exploration for or
development of minerals,
(ii) if substantially all remuneration paid in cash or
otherwise for the performance of the services is
directly related to the completion by the
individual of the specific tasks contracted for
rather than to the number of hours worked by the
individual, and
(iii) if the services performed by the individual are
performed under a written contract between the
individual and the person for whom the services
are performed; provided that the individual is to
be treated as an independent contractor and not as
an employee with respect to the services provided
under the contract; or
(y) services performed by persons working under an
AmeriCorps grant from the Corporation for National
Service made pursuant to the National and Community
Service Act of 1990 (NCSA) codified at 42 U.S.C.,
Section 12501 et seq.
Added by Laws 1980, c. 323, § 1-210, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 1, emerg. eff. June 25, 1981; Laws 1982, c. 105,
§ 1, eff. Oct. 1, 1982; Laws 1982, c. 304, § 2, eff. Oct. 1, 1982;
Laws 1984, c. 252, § 1, emerg. eff. May 29, 1984; Laws 1986, c. 205,
§ 1, emerg. eff. June 6, 1986; Laws 1989, c. 165, § 1, eff. Nov. 1,
1989; Laws 1990, c. 235, § 1, eff. Sept. 1, 1990; Laws 1993, c. 198,
§ 21, eff. Sept. 1, 1993; Laws 1993, c. 360, § 5, emerg. eff. June
10, 1993; Laws 1994, c. 195, § 1, emerg. eff. May 16, 1994; Laws
1995, c. 340, § 2, eff. July 1, 1995; Laws 1997, c. 30, § 3, eff.
July 1, 1997; Laws 1997, c. 391, § 1, eff. July 1, 1997; Laws 1998,
c. 161, § 1, eff. July 1, 1998; Laws 2002, c. 452, § 5, eff. Nov. 1,
2002; Laws 2004, c. 102, § 1, eff. Nov. 1, 2004; Laws 2006, c. 176, §
2, eff. July 1, 2006; Laws 2008, c. 132, § 3, eff. Nov. 1, 2008; Laws
2010, c. 216, § 2, eff. July 1, 2010; Laws 2010, c. 328, § 1, eff.
July 1, 2010; Laws 2011, c. 256, § 1; Laws 2015, c. 249, § 1, eff.
Nov. 1, 2015; Laws 2019, c. 342, § 2, eff. Jan. 1, 2020.
§40-1-211. Employment office.
EMPLOYMENT OFFICE. "Employment office" means a free public
employment office or branch thereof operated by this or any other
state as a part of a state-controlled system of public employment
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offices or by a federal agency charged with the administration of an
unemployment compensation program or free public employment offices.
Added by Laws 1980, c. 323, § 1-211, eff. July 1, 1980.
§40-1-212. Fund, Employment Security Administration Fund.
FUND, EMPLOYMENT SECURITY ADMINISTRATION FUND. (1) "Fund" means
the unemployment compensation fund established by this act.
(2) "Employment Security Administration Fund" means the fund
established by this act from which administration expenses under this
act shall be paid.
Added by Laws 1980, c. 323, § 1-212, eff. July 1, 1980.
§40-1-213. Hospital.
HOSPITAL. "Hospital" means any hospital required to be licensed
under the Public Health Code, Sections 101 et seq. of Title 63 of the
Oklahoma Statutes, and includes state mental hospitals and any other
mental hospital or institution.
Added by Laws 1980, c. 323, § 1-213, eff. July 1, 1980.
§40-1-214. Institution of higher education.
INSTITUTION OF HIGHER EDUCATION. "Institution of higher
education" means an educational institution which:
(1) Admits as regular students only individuals having a
certificate of graduation from a high school, or the recognized
equivalent of such certificate;
(2) Is legally authorized in this state to provide a program of
education beyond high school;
(3) Provides an educational program for which it awards a
bachelor's or higher degree, or provides a program which is
acceptable for full credit toward such degree, a program of
postgraduate or postdoctoral studies, or a program of training to
prepare students for gainful employment in a recognized occupation;
and
(4) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this
subsection, all colleges and universities in this state are
institutions of higher education for purposes of this section.
Added by Laws 1980, c. 323, § 1-214, eff. July 1, 1980.
§40-1-215. Insured work.
INSURED WORK. "Insured work" means employment for employers as
defined by this act.
Added by Laws 1980, c. 323, § 1-215, eff. July 1, 1980.
§40-1-216. State.
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STATE. "State" includes, in addition to the states of the United
States of America, the District of Columbia, the Commonwealth of
Puerto Rico and the Virgin Islands.
Added by Laws 1980, c. 323, § 1-216, eff. July 1, 1980.
§40-1-217. Unemployed.
UNEMPLOYED. An individual shall be deemed "unemployed" with
respect to any week during which he performed no services and with
respect to which no wages are payable to him, or with respect to any
week of less than full-time work if the wages payable to him with
respect to such week are less than his weekly benefit amount plus One
Hundred Dollars ($100.00); provided that for the purpose of this
section only, any vacation leave payments or sick leave payments,
which such individual may receive or be entitled to from his employer
or former employer, arising by reason of separation from employment,
shall be deemed not to be wages as the term wages is used in this
section.
Added by Laws 1980, c. 323, § 1-217, eff. July 1, 1980. Amended by
Laws 1994, c. 41, § 1, eff. July 1, 1994.
§40-1-218. Wages.
WAGES.
"Wages" means all remuneration for services from whatever source,
including commissions and bonuses and the cash value of all
remuneration in any medium other than cash, and includes dismissal
payments which the employer is required by law or contract to make.
Gratuities customarily received by an individual in the course of
work from persons other than the employing unit shall be treated as
wages received from the employing unit. The reasonable cash value of
remuneration in any medium other than cash, and the reasonable amount
of gratuities, shall be estimated and determined in accordance with
rules prescribed by the Oklahoma Employment Security Commission. If
the Internal Revenue Code, at 26 USCA, Section 1 et seq., provides
that a payment made by an employer to an employee is considered to be
wages, that payment shall also be considered wages by the Oklahoma
Employment Security Commission for the purposes of this act. The
term wages shall not include:
1. The amount of any payment, with respect to services performed
to or on behalf of an individual in its employ under a plan or system
established by an employing unit which makes provision for
individuals in its employ generally, or for a class or classes of
such individuals, including any amount paid by an employing unit for
insurance or annuities, or into a fund to provide for any such
payment, on account of:
a. retirement, other than employee contributions or
deferrals under a qualified plan as described in 26
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U.S.C., Section 401(k), 403(b), 408(k), 457, 7701(j) or
408(p),
b. sickness or accident disability,
c. medical and hospitalization expenses in connection with
sickness or accident disability,
d. death, provided the individual in its employ:
(1) has not the option to receive, instead of
provision for such death benefit, any part of such
payment, or if such death benefit is insured, any
part of the premium or contributions to premiums
paid by the employing unit, and
(2) has not the right, under the provisions of the
plan or system or policy of insurance providing
for such death benefit, to assign such benefit, or
to receive cash consideration in lieu of such
benefit either upon withdrawal from the plan or
system providing for such benefit or upon
termination of such plan or system or policy of
insurance or of the individual's services with
such employing unit, or
e. a bona fide thrift or savings fund, providing:
(1) such payment is conditioned upon a payment of a
substantial sum by such individuals in its employ,
and
(2) that such sum paid by the employing unit cannot
under the provisions of such plan be withdrawn by
an individual more frequently than once in any
twelve-month period, except upon an individual's
separation from that employment;
2. Any payment made to, or on behalf of, an employee or his or
her beneficiary under a cafeteria plan of the type described in 26
U.S.C., Section 125 and referred to in 26 U.S.C., Section 3306(b)(5)
(G);
3. Any payment made, or benefit furnished, to or for the benefit
of an employee if at the time of such payment or such furnishing it
is reasonable to believe that the employee will be able to exclude
such payment or benefit from income under an educational assistance
program as described in 26 U.S.C., Section 127 or a dependent care
assistance program as described in 26 U.S.C., Section 129 and as
referred to in 26 U.S.C., Section 3306(b)(13);
4. The payment by an employing unit, without deduction from the
remuneration of the individual in its employ, of the tax imposed upon
such individual in its employ under 26 U.S.C., Section 3101 with
respect to domestic services in a private home of the employer or for
agricultural labor;
5. Dismissal payments which the employer is not required by law
or contract to make;
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6. The value of any meals and lodging furnished by or on behalf
of an employer to an individual in its employ; provided the meals and
lodging are furnished on the business premises of the employer for
the convenience of the employer; or
7. Payments made under an approved supplemental unemployment
benefit plan.
Added by Laws 1980, c. 323, § 1-218, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 2, emerg. eff. June 25, 1981; Laws 1982, c. 304,
§ 3, operative Oct. 1, 1982; Laws 1983, c. 270, § 1, emerg. eff. June
23, 1983; Laws 1993, c. 219, § 4, eff. Sept. 1, 1993; Laws 1997, c.
30, § 4, eff. July 1, 1997; Laws 2002, c. 452, § 6, eff. Nov. 1,
2002; Laws 2005, c. 182, § 2, eff. Nov. 1, 2005; Laws 2007, c. 354, §
1, eff. Nov. 1, 2007; Laws 2010, c. 216, § 3, eff. July 1, 2010; Laws
2016, c. 287, § 1, eff. Nov. 1, 2016; Laws 2019, c. 251, § 1, eff.
July 1, 2019.
§40-1-219. Wages paid.
WAGES PAID. "Wages paid" means wages actually paid to the
worker; provided, however, that in the event of any distribution of
an employer's assets through insolvency, receivership, composition,
assignment for the benefit of creditors, or termination of business,
wages earned but not actually paid shall be considered as paid.
Added by Laws 1980, c. 323, § 1-219, eff. July 1, 1980.
§40-1-220. Week.
WEEK. "Week" means such period of seven (7) consecutive days, as
the Commission may by regulation prescribe.
Added by Laws 1980, c. 323, § 1-220, eff. July 1, 1980.
§40-1-221. Benefit wages.
BENEFIT WAGES.
"Benefit wages" means the taxable wages earned by a claimant
during the claimant's base period which are not in excess of the
current maximum weekly benefit amount, as determined under Section 2-
104 of this title, multiplied by the maximum number of weeks for
which benefits could be paid to any individual (now twenty-six (26)
weeks) multiplied by three (3); provided, however, no wages shall be
included as "benefit wages" unless and until the claimant has been
paid benefits for five (5) weeks in one (1) benefit year.
Added by Laws 1980, c. 323, § 1-221, eff. July 1, 1980. Amended by
Laws 1994, c. 195, § 2, emerg. eff. May 16, 1994; Laws 1995, c. 340,
§ 3, eff. Jan. 1, 1996; Laws 2011, c. 256, § 2.
§40-1-222. Repealed by Laws 1998, c. 161, § 15, eff. July 1, 1998.
§40-1-223. Taxable wages.
TAXABLE WAGES.
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"Taxable wages" means the wages paid to an individual with
respect to employment during a calendar year for services covered by
the Employment Security Act of 1980 or other state unemployment
compensation acts which shall equal the applicable percentage of the
state's average annual wage for the second preceding calendar year as
determined by the Commission, rounded to the nearest multiple of One
Hundred Dollars ($100.00). The applicable percentage is determined
by the conditional factor in place during the calendar year for which
the taxable wage is being calculated. The conditional factor is
determined pursuant to the provisions of Section 3-113 of this title.
The applicable percentages are as follows:
1. Forty percent (40%) during any calendar year in which the
balance in the Unemployment Compensation Fund is in excess of the
amount required to initiate conditional contribution rates, pursuant
to the provisions of Section 3-113 of this title;
2. Forty-two and one-half percent (42.5%) during calendar years
in which condition "a" exists;
3. Forty-five percent (45%) during calendar years in which
condition "b" exists;
4. Forty-seven and one-half percent (47.5%) during calendar
years in which condition "c" exists; and
5. Fifty percent (50%) during calendar years in which condition
"d" exists.
Added by Laws 1983, c. 270, § 2, emerg. eff. June 23, 1983. Amended
by Laws 1994, c. 195, § 3, emerg. eff. May 16, 1994; Laws 1998, c.
161, § 2, eff. July 1, 1998; Laws 2016, c. 287, § 2, eff. Nov. 1,
2016.
§40-1-224. File.
FILE.
A. When any document is required to be filed by the provisions
of the Employment Security Act of 1980 or the rules promulgated under
the authority of the Employment Security Act of 1980 with the
Oklahoma Employment Security Commission, any of its representatives,
or the Board of Review for the Oklahoma Employment Security
Commission, the term "file", "files", or "filed" shall be defined as
follows:
1. Hand-delivered to the central administrative office of the
Oklahoma Employment Security Commission by the close of business on
or before the date due;
2. Telefaxed to the telefax number indicated on the
determination letter, order or other document issued by the Oklahoma
Employment Security Commission by midnight on or before the date due.
Timely telefaxing shall be determined by the date and time recorded
by the Commission's telefax equipment;
3. Mailed with sufficient postage and properly addressed to the
address indicated on the determination letter, order or other
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document issued by the Oklahoma Employment Security Commission on or
before the date due. Timely mailing shall be determined by the
postmark. If there is no proof from the post office of the date of
mailing, the date of receipt by the Commission shall constitute the
date of filing; or
4. Electronically transmitted via data lines to the Oklahoma
Employment Security Commission, as directed by the instructions on
the determination letter, order or other document issued by the
Commission, by midnight on or before the date due. Timely
transmission shall be determined by the Commission's transmission log
file.
B. If the Employment Security Act of 1980 or the rules
promulgated under the Employment Security Act of 1980 require that a
document be filed with a court or any other agency of this state, the
term "file", "files" or "filed" shall be defined by the statutes,
rules or practice governing that court or agency.
Added by Laws 1997, c. 30, § 5, eff. July 1, 1997. Amended by Laws
1998, c. 161, § 3, eff. July 1, 1998; Laws 2005, c. 182, § 3, eff.
Nov. 1, 2005; Laws 2007, c. 354, § 2, eff. Nov. 1, 2007; Laws 2008,
c. 132, § 4, eff. Nov. 1, 2008; Laws 2013, c. 71, § 2, eff. Nov. 1,
2013.
§40-1-225. Supplemental unemployment benefit plan.
SUPPLEMENTAL UNEMPLOYMENT BENEFIT PLAN.
A. "Supplemental unemployment benefit plan" means a plan that
provides for an employer to make payments to its employees during a
permanent or temporary layoff that will supplement unemployment
benefits received by the employees. The purpose of a supplemental
unemployment benefit plan is to allow an employer to sustain the
purchasing power of its employees or former employees during a
layoff.
B. A supplemental unemployment benefit plan for a temporary
layoff must meet the following requirements:
1. The plan shall provide for a payment from the employer to the
employee each week during the temporary layoff to supplement
unemployment benefits received by the employee;
2. The plan must be part of an agreement entered into between
the employer and employee, or between the employer and a collective
bargaining agent on behalf of the employee, before the date the
layoff is effective;
3. The employer must be able to give a reasonable assurance that
the separated employees will be able to return to work at the end of
the temporary layoff;
4. The employer must inform the Commission of the beginning and
ending dates of the layoff and keep the Commission informed of any
changes in circumstances while any claims for unemployment benefits
are in existence; and
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5. The plan must provide for equal treatment of all employees
covered by the plan who are included in the layoff.
The requirements of Sections 2-417 and 2-418 of this title shall be
waived for any claimant of unemployment benefits who is receiving
supplemental benefits under this subsection.
C. A supplemental unemployment benefit plan for a permanent
layoff must meet the following requirements:
1. The plan shall provide for a payment from the employer to the
former employee during each week unemployment benefits are paid to
the former employee, in order to supplement the unemployment benefits
received by the former employee;
2. The plan must be part of an agreement entered into between
the employer and former employee, or between the employer and a
collective bargaining agent on behalf of the former employee, before
the date the layoff is effective; and
3. The plan must provide for equal treatment of all former
employees covered by the plan who are included in the layoff.
The requirements of Sections 2-417 and 2-418 of this title shall
be applicable to any claimant of unemployment benefits who is
receiving supplemental benefits under this subsection.
D. The amount of supplemental unemployment benefit plan payments
will not be deducted from the weekly benefit amount of an
unemployment benefit claim.
E. All supplemental unemployment benefit plans must be approved
by the Director of the Unemployment Insurance Division of the
Oklahoma Employment Security Commission. The Director's
determination will be in writing and mailed to the employer and the
collective bargaining agent of the employees, if any exists, at their
last-known addresses, within twenty (20) days of the receipt of the
employer's plan. If an employer or collective bargaining agent
disagrees with the determination, an appeal can be taken pursuant to
Section 3-115 of this title.
Added by Laws 2002, c. 452, § 7, eff. Nov. 1, 2002. Amended by Laws
2006, c. 176, § 3, eff. July 1, 2006; Laws 2019, c. 251, § 2, eff.
July 1, 2019.
§40-1-225A. Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.
§40-1-226. Initial claim - Additional initial claim - Reopened claim
- Continued claim series.
INITIAL CLAIM - ADDITIONAL INITIAL CLAIM - REOPENED CLAIM -
CONTINUED CLAIM SERIES.
A. “Initial claim” means a new claim application submitted by a
claimant to establish a benefit year for unemployment insurance
benefits.
B. “Additional initial claim” means a claim application which
reactivates a claim during an existing benefit year and certifies to
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a period of employment which occurred subsequent to the date of the
filing of the last initial, additional or reopened claim.
C. "Reopened claim" means a claim application which reactivates
a claim during an existing benefit year when a claimant stopped
filing for benefits before his or her claim was exhausted, but in
which there occurred no intervening employment from the date of the
filing of the last initial, additional or reopened claim.
D. "Continued claim series" means an uninterrupted series of
weekly claims filed by a claimant during the benefit year.
Added by Laws 2004, c. 102, § 2, eff. Nov. 1, 2004. Amended by Laws
2008, c. 132, § 5, eff. Nov. 1, 2008.
§40-1-227. Experience period.
EXPERIENCE PERIOD. "Experience period" means the most recent
twelve (12) consecutive completed calendar quarters occurring before
July 1 of the year immediately preceding the year for which the
employer's contribution rate is being calculated.
Added by Laws 2006, c. 176, § 4, eff. July 1, 2006. Amended by Laws
2017, c. 345, § 1, eff. July 1, 2017.
§40-1-228. Limited liability companies.
LIMITED LIABILITY COMPANIES.
A. For purposes of the Employment Security Act of 1980, a
"limited liability company" and a "foreign limited liability company"
shall be defined by the provisions of the Oklahoma Limited Liability
Company Act.
B. For unemployment tax purposes, wages, salaries, or draws paid
to limited liability company members, relatives of the members, and
employees shall be taxed in the same manner as required by the
Federal Unemployment Tax Act, Title 26 U.S.C., Chapter 23, and the
Internal Revenue Code, Title 26 U.S.C., Chapters 1 through 99.
Added by Laws 2015, c. 249, § 2, eff. Nov. 1, 2015.
§40-1-229. Assigned tax rate and earned tax rate.
ASSIGNED TAX RATE AND EARNED TAX RATE.
A. "Assigned tax rate" means the tax rate assigned to an
employer pursuant to Section 3-110.1 of this title when the employer
does not have sufficient experience history to meet the At-Risk Rule
set out in paragraph 3 of Section 3-110.1 of this title.
B. "Earned tax rate" means the tax rate calculated for an
employer with sufficient experience history to meet the At-Risk Rule
set out in paragraph 3 of Section 3-110.1 of this title, with the tax
rate calculated pursuant to the provisions of Part 1 of Article 3 of
the Employment Security Act of 1980.
Added by Laws 2016, c. 287, § 3, eff. Nov. 1, 2016. Amended by Laws
2017, c. 345, § 2, eff. July 1, 2017.
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§40-1-301. Other definitions applicable to extended benefits.
OTHER DEFINITIONS APPLICABLE TO EXTENDED BENEFITS. Other
definitions applicable to extended benefits and the sections in which
they appear are:
"Eligibility period" - Section 2-711
"Exhaustee" - Section 2-712
"Extended benefit period" - Section 2-703
"Extended benefits" - Section 2-710
"National 'off' indicator" - Section 2-705
"National 'on' indicator" - Section 2-704
"Rate of insured unemployment" - Section 2-708
"Regular benefits - Section 2-709
"State law" - Section 2-713
"State 'off' indicator" - Section 2-707
"State 'on' indicator" - Section 2-706
Added by Laws 1980, c. 323, § 1-301, eff. July 1, 1980.
§40-1-302. Index of other definitions.
INDEX OF OTHER DEFINITIONS. Other definitions in this act and
the sections in which they appear are:
"Crew leader" - Section 1-210(5)(d)
"American employer" - Section 1-210(9)(d)
"United States" - Section 1-210(9)(e)
"Suitable work" - Section 2-408(2)
Added by Laws 1980, c. 323, § 1-302, emerg. eff. June 13, 1980.
§40-2-101. Applicability.
APPLICABILITY. The provisions of this part shall be applicable
to the computation of benefits under this act.
Added by Laws 1980, c. 323, § 2-101, eff. July 1, 1980.
§40-2-102. Rounding provision.
ROUNDING PROVISION. Any benefit amount, any maximum benefit
amount, or any payment amount computed under the provisions of this
article that is not a multiple of One Dollar ($1.00) shall be
computed to the next lower multiple of One Dollar ($1.00).
Added by Laws 1980, c. 323, § 2-102, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 3, emerg. eff. June 23, 1983.
§40-2-103. Benefits paid from fund.
BENEFITS PAID FROM FUND.
All benefits provided herein shall be payable from the fund. All
benefits shall be paid in accordance with the rules as the Oklahoma
Employment Security Commission may prescribe.
Added by Laws 1980, c. 323, § 2-103, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 5, eff. Sept. 1, 1993; Laws 2006, c. 176, § 5,
eff. July 1, 2006.
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§40-2-104. Computation of benefit amount.
COMPUTATION OF BENEFIT AMOUNT.
A. The weekly benefit amount of an individual shall be an amount
equal to one twenty-third (1/23) of the taxable wages paid to the
individual during that quarter of his base period in which the
taxable wages were highest. If the amount is more than the maximum
weekly benefit amount, it shall be reduced to the maximum weekly
benefit amount or if the amount is less than Sixteen Dollars
($16.00), it shall be increased to Sixteen Dollars ($16.00).
B. The maximum weekly benefit amount shall be:
1. Sixty percent (60%) of the average weekly wage of the second
preceding calendar year during any calendar year in which the balance
in the Unemployment Compensation Fund is in excess of the amount
required to initiate conditional contribution rates, pursuant to the
provisions of Section 3-113 of this title;
2. Fifty-seven and one-half percent (57.5%) of the average
weekly wage of the second preceding calendar year during calendar
years in which condition "a", as set forth in paragraph (1) of
Section 3-113 of this title, exists;
3. Fifty-five percent (55%) of the average weekly wage of the
second preceding calendar year during calendar years in which
condition "b", as set forth in paragraph (2) of Section 3-113 of this
title, exists;
4. Fifty-two and one-half percent (52.5%) of the average weekly
wage of the second preceding calendar year during calendar years in
which condition "c", as set forth in paragraph (3) of Section 3-113
of this title, exists; and
5. Fifty percent (50%) of the average weekly wage of the second
preceding calendar year during calendar years in which condition "d",
as set forth in paragraph (4) of Section 3-113 of this title, exists.
C. Before the last day of June of each year the Commission shall
determine the average weekly wage of the preceding calendar year in
the following manner:
1. The sum of the total monthly employment reported for the
calendar year shall be divided by twelve (12) to determine the
average monthly employment;
2. The sum of the total wages reported for the previous calendar
year shall be divided by the average monthly employment to determine
the average annual wage; and
3. The average annual wage shall be divided by fifty-two (52) to
determine the average weekly wage.
Added by Laws 1980, c. 323, § 2-104, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 4, emerg. eff. June 23, 1983; Laws 1998, c. 161,
§ 4, eff. July 1, 1998; Laws 2017, c. 345, § 3, eff. July 1, 2017.
§40-2-105. Wages subtracted from benefit amount.
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WAGES SUBTRACTED FROM BENEFIT AMOUNT.
Each eligible individual who is unemployed with respect to any
week ending after July 1, 1994, shall be paid with respect to such
week a benefit in an amount equal to the weekly benefit amount of the
individual less that part of the wages, if any, payable to the
individual with respect to such week which is in excess of One
Hundred Dollars ($100.00). Each individual claiming benefits shall
report all wages that the individual has been or will be paid for
work performed during any week in which the individual claims
unemployment benefits, regardless of the source or amount.
Added by Laws 1980, c. 323, § 2-105, eff. July 1, 1980. Amended by
Laws 1994, c. 41, § 2, eff. July 1, 1994; Laws 1994, c. 349, § 2,
eff. July 1, 1994; Laws 1998, c. 161, § 5, eff. July 1, 1998.
§40-2-105.1. Furlough and work stoppage – Back pay subtracted from
benefit amount – Redetermination of benefit eligibility.
A. Reimbursed pay or back pay received by a claimant shall be
subtracted from the benefit amount drawn by a claimant in each week
in which:
1. The claimant is placed on furlough or work stoppage by his or
her employer;
2. The claimant is not paid wages or salary during the pendency
of the furlough or work stoppage;
3. The furlough or work stoppage is due to a lapse in
appropriations, funding or budget shortfall affecting the employer;
4. After the furlough or work stoppage concludes, the claimant
is reimbursed his or her full pay for the period during which the
furlough or work stoppage occurred; and
5. The employer considers the employee as having been in a pay
status during the furlough or work stoppage.
B. If reimbursed pay or back pay is required to be subtracted
from the claimant's benefit amount pursuant to subsection A of this
section, the eligibility for benefits of each week in question shall
be redetermined pursuant to Section 2-506 of Title 40 of the Oklahoma
Statutes and the amount of reimbursed pay or back pay received by the
claimant shall be deducted from any unemployment benefits drawn
during the pendency of the furlough or work stoppage. Any party to
the redetermination may appeal pursuant to Section 2-603 of Title 40
of the Oklahoma Statutes. Any overpayment of benefits established
under this section shall be collected in the same manner as an
overpayment established under paragraph 2 of Section 2-613 of Title
40 of the Oklahoma Statutes.
Added by Laws 2014, c. 220, § 4, eff. Nov. 1, 2014.
§40-2-106. Maximum benefit amount.
MAXIMUM BENEFIT AMOUNT.
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An otherwise eligible individual shall be entitled during any
benefit year to a total amount of benefits equal to whichever is the
lesser of:
1. Twenty-six (26) times the weekly benefit amount of the
individual;
2. The applicable percentage of the state's average annual wage
for the second preceding calendar year as determined by the
Commission, rounded to the nearest multiple of One Hundred Dollars
($100.00). The applicable percentage is determined by the
conditional factor in place during the calendar year in which the
individual files for benefits. The conditional factor is determined
pursuant to the provisions of Section 3-113 of this title. The
applicable percentages for this paragraph are as follows:
a. twenty-five percent (25%) during any calendar year in
which the balance in the Unemployment Compensation Fund
is in excess of the amount required to initiate
conditional contribution rates, pursuant to the
provisions of Section 3-113 of this title,
b. twenty-three and three-fourths percent (23.75%) during
calendar years in which condition "a" exists,
c. twenty-two and one-half percent (22.5%) during calendar
years in which condition "b" exists,
d. twenty-one and one-fourth percent (21.25%) during
calendar years in which condition "c" exists, and
e. twenty percent (20%) during calendar years in which
condition "d" exists; or
3. The applicable percentage of the individual's wages for
insured work paid during the base period of the individual. The
applicable percentage is determined by the conditional factor in
place during the calendar year in which the individual files for
benefits. The conditional factor is determined pursuant to the
provisions of Section 3-113 of this title. The applicable
percentages for this paragraph are as follows:
a. fifty percent (50%) during any calendar year in which
the balance in the Unemployment Compensation Fund is in
excess of the amount required to initiate conditional
contribution rates, pursuant to the provisions of
Section 3-113 of this title,
b. forty-seven and one-half percent (47.5%) during
calendar years in which condition "a" exists,
c. forty-five percent (45%) during calendar years in which
condition "b" exists,
d. forty-two and one-half percent (42.5%) during calendar
years in which condition "c" exists, and
e. forty percent (40%) during calendar years in which
condition "d" exists.
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Added by Laws 1980, c. 323, § 2-106, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 5, emerg. eff. June 23, 1983; Laws 1986, c. 205,
§ 2, emerg. eff. June 6, 1986; Laws 1998, c. 161, § 6, eff. July 1,
1998.
§40-2-107. Benefits - Portion of a week.
BENEFITS - PORTION OF A WEEK. Notwithstanding any other
provisions of this act, the Commission may by rule prescribe that the
existence of unemployment, eligibility for benefits and the amount of
benefits payable shall be determined, in the case of any otherwise
eligible claimant who, within a week of unemployment, is separated
from, or secures, work on a regular attachment basis, for that
portion of the week occurring before or after such separation from or
securing of work, provided such rules are reasonably calculated to
secure general results substantially similar to those provided by
this act with respect to weeks of unemployment.
Added by Laws 1980, c. 323, § 2-107, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 6, eff. Sept. 1, 1993.
§40-2-108. Benefits - Approved training.
BENEFITS - APPROVED TRAINING.
A. Notwithstanding any other provisions of law, no otherwise
eligible individual shall be denied benefits for any week because the
individual is in training with the approval of the Oklahoma
Employment Security Commission, nor shall such individual be denied
benefits with respect to any week in which the individual is in
training with the approval of the Commission by reason of the
application of provisions of law relating to availability for work,
active search for work, failure to apply for, or a refusal to accept,
suitable work. Such approval for training shall be determined by
consideration of all the following factors:
1. The individual's skills are obsolete or such that there are
minimal opportunities for employment;
2. Training is for an occupation for which there is a
substantial and recurring demand; and
3. The individual possesses aptitudes or skills which can be
supplemented by retraining within a reasonable time.
B. Any individual in training approved by the Commission will
produce satisfactory evidence of continued attendance and
satisfactory progress, when requested by the Commission. Failure to
comply shall result in a disqualification of benefits for each week
of occurrence.
Added by Laws 1980, c. 323, § 2-108, eff. July 1, 1980. Amended by
Laws 1995, c. 340, § 4, eff. July 1, 1995; Laws 2015, c. 249, § 3,
eff. Nov. 1, 2015.
§40-2-109. Employment requirement in preceding benefit year.
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EMPLOYMENT REQUIREMENT IN PRECEDING BENEFIT YEAR.
No individual may receive benefits in a benefit year unless,
subsequent to the beginning of the immediately preceding benefit year
during which the individual received benefits, the individual
performed service and earned remuneration for such service in an
amount equal to at least ten (10) times the individual’s weekly
benefit amount in the current benefit year.
Added by Laws 1980, c. 323, § 2-109, eff. July 1, 1980. Amended by
Laws 2007, c. 354, § 3, eff. Nov. 1, 2007.
§40-2-201. Applicability.
APPLICABILITY. The provisions of this part apply to eligibility
to receive benefits under this act.
Added by Laws 1980, c. 323, § 2-201, eff. July 1, 1980.
§40-2-202. Conditions for eligibility.
CONDITIONS FOR ELIGIBILITY. An unemployed individual shall be
eligible to receive benefits with respect to any week only if the
Commission finds that he satisfies the provisions of this Part 2.
Added by Laws 1980, c. 323, § 2-202, eff. July 1, 1980.
§40-2-203. Claim.
CLAIM.
A. An unemployed individual must file an initial claim for
unemployment benefits by calling an Oklahoma Employment Security
Commission claims representative in a Commission Call Center, by
completing the required forms through the Internet Claims service
provided by the Commission, or by completing all forms necessary to
process an initial claim in a local office of the Commission or any
alternate site designated by the Commission to take unemployment
benefit claims. The Commission may obtain additional information
regarding an individual's claim through any form of
telecommunication, writing, or interview. An unemployed individual
must file a claim in writing or by telecommunication for benefits
with respect to each week in accordance with such rule as the
Commission may prescribe.
B. 1. During the process of filing an initial claim for
unemployment benefits, the claimant shall be made aware of the
definition of misconduct set out in Section 2-406 of this title, and
the claimant shall affirmatively certify that the answers given to
all questions in the initial claim process are true and correct to
the best of the claimant's knowledge and that no information has been
intentionally withheld or misrepresented in an attempt by the
claimant to receive benefits to which he or she is not entitled.
2. The certification statement required in paragraph 1 of this
subsection shall be available through the Internet Claims service
provided by the Commission and by a form to be completed by the
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claimant in a local office of the Commission or at any alternate site
designated by the Commission to take unemployment benefit claims.
C. With respect to each week, he or she must provide the
Commission with a true and correct statement of all material facts
relating to: his or her unemployment; ability to work; availability
for work; activities or conditions which could restrict the
individual from seeking or immediately accepting full-time employment
or part-time work if subsection 4 of Section 2-408 of this title
applies; applications for or receipt of workers' compensation
benefits; employment and earnings; and the reporting of other income
from retirement, pension, disability, self-employment, education or
training allowances.
D. No claim will be allowed or paid unless the claimant resides
within a state or foreign country with which the State of Oklahoma
has entered into a reciprocal or cooperative arrangement pursuant to
Part 7 of Article IV of the Employment Security Act of 1980.
E. The Commission may require the individual to produce
documents or information relevant to the claim for benefits. If the
individual fails to produce it, the individual's claim for
unemployment benefits may be disqualified indefinitely by the
Commission until the information is produced. An individual that has
been disqualified indefinitely by the provisions of this subsection
may receive payment for any week between the initial failure and the
compliance with this subsection if the claimant is otherwise eligible
and has made a timely filing for each intervening week.
Added by Laws 1980, c. 323, § 2-203, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 7, eff. Sept. 1, 1993; Laws 1997, c. 30, § 6,
eff. July 1, 1997; Laws 2002, c. 452, § 8, eff. Nov. 1, 2002; Laws
2003, c. 177, § 1, eff. Nov. 1, 2003; Laws 2010, c. 216, § 4, eff.
July 1, 2010; Laws 2013, c. 148, § 1, eff. Nov. 1, 2013; Laws 2014,
c. 4, § 7, emerg. eff. April 2, 2014; Laws 2014, c. 220, § 1, eff.
Nov. 1, 2014; Laws 2015, c. 249, § 4, eff. Nov. 1, 2015; Laws 2019,
c. 251, § 3, eff. July 1, 2019.
NOTE: Laws 2013, c. 71, § 3 repealed by Laws 2014, c. 4, § 8, emerg.
eff. April 2, 2014.
§40-2-204. Registration for employment.
REGISTRATION FOR EMPLOYMENT.
The unemployed individual must register for work within seven (7)
days of filing his or her initial claim for unemployment benefits in
accordance with such rules as the Commission may prescribe, except
that the Commission may waive the requirements of this section as to
individuals attached to regular jobs, situations involving mass
layoffs, or individuals in areas not served by an established
employment office or Internet service when it finds that compliance
with these requirements would be oppressive, or would be inconsistent
with the purpose of the Employment Security Act of 1980.
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Added by Laws 1980, c. 323, § 2-204, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 8, eff. Sept. 1, 1993; Laws 2012, c. 196, § 1,
emerg. eff. May 8, 2012.
§40-2-205. Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,
1990.
§40-2-205.1. Ability to work and acceptance of employment.
The unemployed individual must be able to perform work duties in
keeping with his education, training and experience. He must also be
available to seek and accept work at any time and may not be engaged
in any activity that would normally restrict his seeking or accepting
employment in keeping with his education, training and experience.
The fact that an individual is enrolled in school shall not, in
and of itself, render an individual ineligible for unemployment
benefits. Such individual who is involuntarily unemployed and
otherwise eligible for benefits and who offers to quit school, adjust
class hours or change shifts in order to secure employment shall be
entitled to benefits.
Added by Laws 1990, c. 333, § 3, emerg. eff. May 31, 1990.
Renumbered from § 2-205A of this title by Laws 2006, c. 176, § 29,
eff. July 1, 2006.
§40-2-205A. Renumbered as § 2-205.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-2-206. Waiting period.
WAITING PERIOD. The unemployed individual must have been
unemployed for a waiting period of one (1) week. No week shall be
counted as a week of unemployment for the purposes of this section:
(1) Unless it occurs within the benefit year which includes the
week with respect to which he claims payment of benefits;
(2) If benefits have been paid with respect thereto;
(3) Unless the individual was eligible for benefits with respect
thereto.
Added by Laws 1980, c. 323, § 2-206, eff. July 1, 1980.
§40-2-207. Wage requirement during base period.
WAGE REQUIREMENT DURING BASE PERIOD.
A. The unemployed individual, during the individual's base
period, shall have been paid:
1. Taxable wages of not less than One Thousand Five Hundred
Dollars ($1,500.00); and
2. Total wages of not less than one and one-half (1 1/2) times
the amount of wages during that quarter of the individual's base
period in which the wages were highest.
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B. Notwithstanding the provisions in subsection A of this
section, an unemployed individual shall be eligible for benefits if,
during the individual's base period, he or she shall have been paid:
1. Taxable wages of any amount; and
2. Total wages equal to or more than the annual amount of
taxable wages that applies to any calendar year in which the claim
for unemployment benefits was filed.
C. 1. If an individual lacks sufficient base period wages to
establish a claim for benefits under this section, any wages paid in
the individual's alternative base period shall be considered as the
individual's base period wages. Once the alternative base period
wages are determined, those wage figures shall be used to determine
eligibility for benefits under subsection A or B of this section.
2. If the Commission has not received wage information from the
individual's employer for the most recent calendar quarter of the
alternative base period, the Commission shall accept an affidavit
from the individual supported by wage information such as check
stubs, deposit slips, or other supporting documentation to determine
wages paid.
3. A determination of benefits based on an alternative base
period shall be adjusted when the quarterly wage report is received
from the employer, if the wage information in the report differs from
that reported by the individual.
4. If alternative base period wages are established by affidavit
of the individual, the employer to which the wages are attributed
will have the right to protest the wages reported. If a protest is
made, the employer must provide documentary evidence of wages paid to
the individual. The Commission will determine the wages paid based
on the preponderance of the evidence presented by each party.
5. Provided, no wages used to establish a claim under an
alternative base period shall be subsequently used to establish a
second benefit year.
Added by Laws 1980, c. 323, § 2-207, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 6, emerg. eff. June 23, 1983; Laws 1995, c. 340,
§ 5, eff. July 1, 1995; Laws 2002, c. 452, § 9, eff. Nov. 1, 2002;
Laws 2009, c. 460, § 1, eff. Nov. 1, 2009; Laws 2010, c. 216, § 5,
eff. July 1, 2010; Laws 2012, c. 196, § 2, emerg. eff. May 8, 2012;
Laws 2018, c. 14, § 1, eff. Nov. 1, 2018.
§40-2-208. Aliens.
ALIENS. (1) Effective January 1, 1978, benefits shall not be
paid on the basis of services performed by an alien unless such alien
is an individual who was lawfully admitted for permanent residence at
the time such services were performed, was lawfully present for
purposes of performing such services or otherwise is permanently
residing in the United States under color of law at the time such
services were performed, including an alien who is lawfully present
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in the United States as a result of the application of the provisions
of Section 203(a)(7) or Section 212(d)(5) of the Immigration and
Nationality Act. Provided, that any modifications to the provisions
of Section 3304(a)(14) of the Federal Unemployment Tax Act as
provided by Public Law 95-19 which specify other conditions or other
effective dates than stated herein for the denial of benefits based
on services performed by aliens and which modifications are required
to be implemented under state law as a condition for full tax credit
against the tax imposed by the Federal Unemployment Tax Act, shall be
deemed applicable under the provisions of this subsection.
(2) Any data or information required of individuals applying for
benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits.
(3) In the case of an individual whose application for benefits
would otherwise be approved, no determination that benefits to such
individual are not payable because of his alien status shall be made
except upon a preponderance of the evidence.
Added by Laws 1980, c. 323, § 2-208, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 4, emerg. eff. June 25, 1981.
§40-2-209. Benefits for employees of governmental or nonprofit
employers.
BENEFITS FOR EMPLOYEES OF GOVERNMENTAL OR NONPROFIT EMPLOYERS.
Benefits based on service in employment defined in paragraph (3)
or (4) of Section 1-210 of this title, including any federally
operated educational institutions, shall be payable in the same
amount, on the same terms and subject to the same conditions as
benefits payable on the basis of other service subject to the
Employment Security Act of 1980, except that:
(1) With respect to service performed in an instructional,
research or principal administrative capacity for an educational
institution, benefits shall not be paid based on services for any
week of unemployment commencing during the period between two (2)
successive academic years, or during a similar period between two
regular but not successive terms, or during a period of paid
sabbatical leave provided for in the individual's contract, to any
individual if the individual performs services in the first academic
year or term and if there is a contract or a reasonable assurance
that the individual will perform services in any such capacity for
any educational institution in the second academic year or term;
(2) With respect to services performed in any other capacity for
an educational institution, benefits shall not be paid on the basis
of services to any individual for any week which commences during a
period between two (2) successive academic years or terms if the
individual performs services in the first academic year or term and
there is a reasonable assurance that the individual will perform
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services in any such capacity in the second academic year or term,
except that if compensation is denied to any individual pursuant to
this paragraph and the individual was not offered an opportunity to
perform services for the educational institution for the second
academic year or term, the individual shall be entitled to a
retroactive payment of compensation for each week for which the
individual filed a timely claim for compensation and for which
compensation was denied solely by reason of this clause;
(3) With respect to any services described in paragraphs (1) and
(2) of this section, benefits shall not be payable on the basis of
services in any capacities to any individual for any week which
commences during an established and customary vacation period or
holiday recess if the individual performs services in the period
immediately before the vacation period or holiday recess, and there
is a reasonable assurance that the individual will perform services
in any such capacity in the period immediately following the vacation
period or holiday recess;
(4) With respect to any services described in paragraphs (1) and
(2) of this section, benefits shall not be payable on the basis of
services in any capacities as specified in paragraphs (1), (2) and
(3) of this section to any individual who performed services in an
educational institution while in the employ of an educational service
agency. For purposes of this paragraph, the term "educational
service agency" means a governmental agency or governmental entity
which is established and operated exclusively for the purpose of
providing services to one or more educational institutions; and
(5) If an individual has employment with an educational
institution and has employment with a noneducational employer or
employers during the base period of the individual's benefit year,
the individual may become eligible for benefits during the between-
term denial period, based only on the noneducational employment.
Added by Laws 1980, c. 323, § 2-209, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 5, emerg. eff. June 25, 1981; Laws 1982, c. 304,
§ 4, operative Oct. 1, 1982; Laws 1984, c. 252, § 2, emerg. eff. May
29, 1984; Laws 1986, c. 205, § 3, emerg. eff. June 6, 1986; Laws
2004, c. 102, § 3, eff. Nov. 1, 2004; Laws 2008, c. 132, § 6, eff.
Nov. 1, 2008; Laws 2017, c. 345, § 4, eff. July 1, 2017; Laws 2018,
c. 14, § 2, eff. Nov. 1, 2018.
§40-2-209.1. Repealed by Laws 2019, c. 179, § 1, emerg. eff. April
25, 2019.
§40-2-210. Separation from work due to compelling family
circumstances.
In addition to the eligibility provisions provided by this act,
an individual shall be eligible to receive unemployment benefits, if
monetarily and otherwise eligible, if the claimant was separated from
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work due to compelling family circumstances. For purposes of this
section:
1. "Immediate family member" means the claimant's spouse,
parents and dependent children;
2. "Illness" means a verified illness which necessitates the
care of the ill person for a period of time longer than the employer
is willing to grant paid or unpaid leave;
3. "Disability" means a verified disability which necessitates
the care of the disabled person for a period of time longer than the
employer is willing to grant paid or unpaid leave. Disability
encompasses all types of disability, including:
a. mental and physical disabilities,
b. permanent and temporary disabilities, and
c. partial and total disabilities; and
4. "Compelling family circumstances" means:
a. if the claimant was separated from employment with the
employer because of the illness or disability of the
claimant and, based on available information, the
Oklahoma Employment Security Commission finds that it
was medically necessary for the claimant to stop
working or change occupations,
b. the claimant was separated from work due to the illness
or disability of an immediate family member,
c. if the spouse of the claimant was transferred or
obtained employment in another city or state, and the
family is required to move to the location of that job
that is outside of commuting distance from the prior
employment of the claimant, and the claimant separates
from employment in order to move to the new employment
location of the spouse,
d. if the claimant separated from employment due to
domestic violence or abuse, verified by any reasonable
evidence, which causes the individual to reasonably
believe that the individual's continued employment
would jeopardize the safety of the individual or of any
member of the individual's immediate family, or
e. if the claimant separated from employment to move with
the claimant's spouse to a new location, and if the
spouse of the claimant:
(1) was a member of the U.S. Military, the U.S.
Military Reserve, or the National Guard,
(2) was on active duty within ninety (90) days of the
date of discharge,
(3) has a service-connected disability,
(4) was discharged under honorable conditions from the
military service, and
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(5) takes up residence at a location more than fifty
(50) miles away from the claimant's former
employer for the purpose of reentering civilian
life.
Added by Laws 2009, c. 460, § 2, eff. Nov. 1, 2009. Amended by Laws
2014, c. 220, § 5, eff. Nov. 1, 2014.
§40-2-301. Waiver void.
WAIVER VOID. Any agreement by an individual to waive, release,
or commute his rights to benefits or any other rights under this act
shall be void. Any agreement by any individual in the employ of any
person or employing unit to pay all or any portion of an employer's
contributions, required under this act from such employer, shall be
void. No employer shall directly or indirectly make or require or
accept any deduction from wages to finance the employer's
contributions required from him or require or accept any waiver of
any right hereunder by any individual in his employ, discriminate in
regard to the hiring or tenure of work on any term or condition of
work of any individual on account of his claiming benefits under this
act, or in any manner obstruct or impede the filing of claims for
benefits. Any employer or officer or agent of an employer who
violates any provision of this section shall, for each offense, be
fined not less than One Hundred Dollars ($100.00) nor more than One
Thousand Dollars ($1,000.00) or be imprisoned for not more than six
(6) months, or both such fine and imprisonment.
Added by Laws 1980, c. 323, § 2-301, eff. July 1, 1980.
§40-2-302. Fee - No charge by Commission or its employees - Counsel
fee subject to approval - Choice of representative.
A. No individual claiming benefits shall be charged fees or
costs of any kind in any proceeding under this act by the Board of
Review, the Commission, or its representatives, or by any court or
any officer thereof, except that a court may assess costs against the
claimant or employer if the court determines that the proceedings for
judicial review have been instituted or continued without reasonable
grounds. Any individual claiming benefits in any proceeding before
the Commission or the Board of Review or its representatives or a
court may be represented by counsel but no such counsel shall either
charge or receive for such services more than an amount approved by
the Board of Review. Any person who violates any provision of this
section shall, for each such offense, be fined not less than Fifty
Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or
imprisoned for not more than six (6) months, or both such fine and
imprisonment.
B. Parties to any proceeding before the Commission or Board of
Review may be represented in that proceeding by the individual of his
or her choice regardless of whether or not that individual is an
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attorney duly licensed to practice law by the Supreme Court of the
State of Oklahoma. Parties to any proceeding before a court of
record of this state may appear pro se or the party must be
represented by an attorney duly licensed to practice law by the
Supreme Court of this state.
Added by Laws 1980, c. 323, § 2-302, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 6, emerg. eff. June 25, 1981; Laws 2003, c. 163,
§ 1, eff. Nov. 1, 2003.
§40-2-303. Assignments void, exemption from process.
ASSIGNMENTS VOID, EXEMPTION FROM PROCESS.
No assignment, pledge, or encumbrance of any right to benefits
which are or may become due or payable under the Employment Security
Act of 1980 shall be valid. All such rights to benefits shall be
exempt from levy, execution, attachment, or any other remedy
whatsoever provided for the collection of debt. Benefits received by
an individual, so long as they are not mingled with other funds of
the recipient, shall be exempt from any remedy whatsoever for the
collection of all debts during the time the individual was
unemployed, except debts for child support obligations pursuant to
Section 2-801 of this title, and debts created due to food purchase
assistance overissuances for which the individual is liable pursuant
to Section 2-803 of this title. Benefits shall be subject to tax
levies issued by the Internal Revenue Service in accordance with 26
U.S.C., Section 6331(h) provided an agreement is entered into between
the Internal Revenue Service and the Oklahoma Employment Security
Commission, and approved by the United States Department of Labor,
that provides for the payment of all administrative costs associated
with processing the tax levies. No waiver of any exemption provided
for in this section shall be valid.
Added by Laws 1980, c. 323, § 2-303, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 5, operative Oct. 1, 1982; Laws 1997, c. 30, §
7, eff. July 1, 1997; Laws 1998, c. 161, § 7, eff. July 1, 1998; Laws
2018, c. 14, § 4, eff. Nov. 1, 2018.
§40-2-304. Deduction of health insurance premiums.
Notwithstanding the provisions of Sections 2-301 and 2-303 of
Title 40 of the Oklahoma Statutes, nothing shall be construed to
prohibit the deduction of an amount from unemployment compensation
otherwise payable to an individual to pay for health insurance
premiums if such individual elected to have such deduction made and
such deduction is made under a program approved by the United States
Secretary of Labor. For purposes of this section, the term "premium"
shall only include the sum of money agreed to be paid by the insured
individual to the underwriter as consideration for the insurance.
Added by Laws 1984, c. 252, § 3, emerg. eff. May 29, 1984.
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§40-2-305. Deduction of individual income tax withholdings.
DEDUCTION OF INDIVIDUAL INCOME TAX WITHHOLDINGS.
Notwithstanding the provisions of Sections 2-301 and 2-303 of
this title, nothing shall be construed to prohibit the deduction of
an amount from unemployment compensation, otherwise payable to an
individual, to pay the withholding of federal or state individual
income tax, if that individual elected to have such a deduction made
and that deduction is made under a program approved by the United
States Secretary of Labor. For the purposes of this section, if an
individual elects to have this deduction taken from his or her weekly
benefits, the federal withholding will be deducted at the percentage
specified in the Federal Internal Revenue Code at 26 U.S.C., Section
3402(p)(2), and three percent (3%) of the total benefit amount will
be deducted to pay the state withholding.
Added by Laws 1995, c. 340, § 6, eff. Jan. 1, 1997. Amended by Laws
2002, c. 452, § 10, eff. Nov. 1, 2002.
§40-2-401. Application of Part 4.
APPLICATION OF PART 4. This part applies to disqualification for
benefits.
Added by Laws 1980, c. 323, § 2-401, eff. July 1, 1980.
§40-2-402. Fraud.
FRAUD.
A. If the Oklahoma Employment Security Commission determines
that any individual has made a false statement or representation or
has failed to disclose a material fact in violation of Section 5-102
of this title, the individual shall be ineligible to receive
unemployment compensation for the week that determination is made by
the Commission and for the next following fifty-one (51) weeks, and
no benefit year shall be established during such period of
ineligibility. After a determination has been made that an
individual has violated Section 5-102 of this title in a particular
benefit year, if the Commission determines that another violation of
that section has occurred in any subsequent benefit year, the
individual shall be ineligible to receive unemployment compensation
for the week in which the subsequent determination is made by the
Commission and for the next following one hundred three (103) weeks,
and no benefit year shall be established during such period of
ineligibility.
B. If the Commission makes a determination as described in
subsection A of this section, the individual shall be disqualified
for each week benefits were paid as a result of a false statement or
representation or a failure to disclose a material fact, and the
individual shall be deemed overpaid for the entire amount of benefits
paid as a result of claimant fraud.
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C. The ineligibility and disqualification set forth in
subsections A and B of this section are in addition to the penalty
provided by Section 5-102 of this title, and shall be invoked
irrespective of whether such individual is prosecuted for violation
of Section 5-102 of this title, when the Commission makes such a
determination of ineligibility or disqualification.
D. A determination of fraud must be made within two (2) years of
the date on which the violation occurred.
Added by Laws 1980, c. 323, § 2-402, eff. July 1, 1980. Amended by
Laws 2002, c. 452, § 11, eff. Nov. 1, 2002.
§40-2-403. Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,
1990.
§40-2-404. Leaving work voluntarily.
LEAVING WORK VOLUNTARILY.
A. An individual shall be disqualified for benefits for leaving
his or her last work voluntarily without good cause connected to the
work, if so found by the Commission.
B. When adjudicating a separation from employment in an initial
claim or additional initial claim, disqualification under this
section shall continue for the full period of unemployment next
ensuing after the individual left work voluntarily without good cause
connected to the work and until the individual has become reemployed
and has earned wages equal to or in excess of ten (10) times his or
her weekly benefit amount.
C. When adjudicating a separation from employment during a
continued claim series, disqualification under this section shall be
for the week of the occurrence of leaving work voluntarily without
good cause connected to the work.
Added by Laws 1980, c. 323, § 2-404, eff. July 1, 1980. Amended by
Laws 2008, c. 132, § 7, eff. Nov. 1, 2008; Laws 2013, c. 71, § 4,
eff. Nov. 1, 2013.
§40-2-404.1. Leaving work voluntarily of temporary employee.
A. For the purposes of this section:
1. "Temporary help firm" means a firm that hires its own
employees and assigns them to clients to support or supplement the
client's work force in work situations such as employee absences,
temporary skill shortages, seasonal workloads and special assignments
and projects;
2. "Temporary employee" means an employee assigned to work for
the clients of a temporary help firm; and
3. "Good cause" means a reason that is significant and would
compel an average reasonable worker, who would otherwise want a
suitable job assignment with a client of the temporary help firm, to
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fail to contact the temporary help firm, to refuse an offered
assignment, or to be unavailable for assignment; and
4. "Suitable job assignment" means work, either full-time or
part-time for one or more days or portions thereof, that is in
keeping with the education, training, experience, and ability of the
individual to perform.
B. A temporary employee of a temporary help firm will be deemed
to have left his or her last work voluntarily without good cause
connected with the work if the temporary employee:
1. Does not contact the temporary help firm for reassignment on
completion of an assignment. The temporary help firm shall establish
the manner for a temporary employee to communicate that his or her
assignment has ended and that he or she is available for reassignment
at any time;
2. Refuses a suitable job assignment, without good cause;
3. Communicates his or her decision to cease seeking assignment
for any period of time;
4. Becomes unavailable to accept a suitable job assignment,
without good cause; or
5. Accepts employment with a client of the temporary help firm.
On and after the effective date of this act, the provisions of
this subsection shall apply only if the temporary employee has been
advised of the obligations and been provided a copy of a separate
document written in clear and concise language that states the
provisions in this section and that unemployment benefits may be
denied for failure to comply.
C. For the purposes of the Employment Security Act of 1980, the
temporary help firm is deemed to be the employer of the temporary
employee.
Added by Laws 1995, c. 340, § 7, eff. July 1, 1995. Renumbered from
§ 2-404A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
Amended by Laws 2013, c. 105, § 1, eff. July 1, 2013.
§40-2-404.2. Work of a limited duration of time.
WORK OF A LIMITED DURATION OF TIME.
A. When an employer employs a worker for a limited duration of
time specified by the employer, the worker is considered to have been
laid off due to lack of work at the end of the time period set by the
employer, provided that the worker’s separation was due only to the
completion of the work or the expiration of the time period.
B. When an employer employs a worker for a limited duration of
time specified by the worker, the worker is considered to have
voluntarily quit work at the end of the time period set by the
worker, provided that the worker’s separation was due only to the
expiration of the time period.
Added by Laws 2003, c. 177, § 2, eff. Nov. 1, 2003. Renumbered from
§ 2-404B of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
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§40-2-404A. Renumbered as § 2-404.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-2-404B. Renumbered as § 2-404.2 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-2-405. Determining good cause.
DETERMINING GOOD CAUSE.
Good cause for voluntarily leaving work under Section 2-404 of
this title may include, among other factors, the following:
1. A job working condition that had changed to such a degree it
was so harmful, detrimental, or adverse to the individual's health,
safety, or morals, that leaving the work was justified;
2. Substantially unfair treatment of the employee or the
creating of substantially difficult working conditions by the
employer; or
3. If the claimant, pursuant to an option provided under a
collective bargaining agreement or written employer plan which
permits waiver of his or her right to retain the employment when
there is a layoff, has elected to be separated and the employer has
consented thereto.
Added by Laws 1980, c. 323, § 2-405, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 7, emerg. eff. June 25, 1981; Laws 1997, c. 30,
§ 8, eff. July 1, 1997; Laws 1998, c. 161, § 8, eff. July 1, 1998;
Laws 2003, c. 177, § 3, eff. Nov. 1, 2003; Laws 2005, c. 182, § 4,
eff. Nov. 1, 2005; Laws 2006, c. 176, § 6, eff. July 1, 2006; Laws
2009, c. 460, § 3, eff. Nov. 1, 2009; Laws 2013, c. 71, § 5, eff.
Nov. 1, 2013.
§40-2-406. Discharge for misconduct.
DISCHARGE FOR MISCONDUCT.
A. An individual shall be disqualified for benefits if he or she
has been discharged for misconduct connected with his or her last
work. If discharged for misconduct, the employer shall have the
burden to prove that the employee engaged in misconduct as defined by
this section. Such burden of proof is satisfied by the employer, or
its designated representative, providing a signed affidavit, or
presenting such other evidence which properly demonstrates the
misconduct which resulted in the discharge. Once this burden is met,
the burden then shifts to the discharged employee to prove that the
facts are inaccurate or that the facts as stated do not constitute
misconduct as defined by this section. Disqualification under this
section shall continue for the full period of unemployment next
ensuing after he or she has been discharged for misconduct connected
with his or her work and until such individual has become reemployed
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and has earned wages equal to or in excess of ten (10) times the
weekly benefit amount.
B. Acts which constitute misconduct under this section shall be
limited to the following:
1. Any intentional act or omission by an employee which
constitutes a material or substantial breech of the employee's job
duties or responsibilities or obligations pursuant to his or her
employment or contract of employment;
2. Unapproved or excessive absenteeism or tardiness;
3. Indifference to, breach of, or neglect of the duties required
which result in a material or substantial breach of the employee's
job duties or responsibilities;
4. Actions or omissions that place in jeopardy the health, life,
or property of self or others;
5. Dishonesty;
6. Wrongdoing;
7. Violation of a law; or
8. A violation of a policy or rule enacted to ensure orderly and
proper job performance or for the safety of self or others.
C. Any misconduct violation as defined in subsection B of this
section shall not require a prior warning from the employer. As long
as the employee knew, or should have reasonably known, that a rule or
policy of the employer was violated, the employee shall not be
eligible for benefits.
D. Any finding by a state or federal agency of any failure by
the employee to meet the applicable civil, criminal or professional
standards of the employee's profession shall create a rebuttable
presumption of such misconduct, and benefits shall be denied, unless
the employee can show, with clear and convincing evidence, that such
misconduct did not occur, or the Commission determines that such
failure did not constitute misconduct as defined herein.
Added by Laws 1980, c. 323, § 2-406, eff. July 1, 1980. Amended by
Laws 2013, c. 148, § 2, eff. Nov. 1, 2013; Laws 2014, c. 220, § 3,
eff. Nov. 1, 2014.
§40-2-406.1. Discharge for refusal to undergo drug or alcohol
testing or positive test.
A. 1. An employee discharged on the basis of a refusal to
undergo drug or alcohol testing or a positive drug or alcohol test
conducted in accordance with the provisions of the Standards for
Workplace Drug and Alcohol Testing Act shall be considered to have
been discharged for misconduct and shall be disqualified for benefits
pursuant to the provisions of Section 2-406 of this title.
2. In any challenge to a positive drug or alcohol test, the
claimant has the burden to prove that the test was not properly
conducted. The employer must provide the chain of custody
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documentation at the request of any claimant challenging his or her
test result.
3. When the claimant fails to request a confirmation test
pursuant to Section 556 of this title, the claimant shall not be
eligible for benefits.
B. In any claim brought by the discharged employee for
compensation, a written report of the drug or alcohol test results
shall be accepted as prima facie evidence of the administration and
results of the drug or alcohol test. If challenged by the claimant
as provided in paragraph 2 of subsection A of this section, the
written report of the drug or alcohol test results shall be
acceptable for presentation as evidence with the chain of custody of
the sample properly documented.
Added by Laws 1993, c. 355, § 16, emerg. eff. June 10, 1993. Amended
by Laws 2006, c. 176, § 7, eff. July 1, 2006. Renumbered from § 2-
406A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
Amended by Laws 2007, c. 78, § 1, eff. Nov. 1, 2007; Laws 2012, c.
196, § 3, emerg. eff. May 8, 2012; Laws 2013, c. 148, § 3, eff. Nov.
1, 2013.
§40-2-406.2. Case review – Annual report.
The Oklahoma Employment Security Commission shall promulgate
rules requiring a review of at least five percent (5%) of its
unemployment benefit cases where misconduct was alleged and decided
either in favor of or against the employer. The cases reviewed
pursuant to this section shall be summarized in an annual report
which shall be delivered to the President Pro Tempore of the Senate,
the Speaker of the House of Representatives, and the chairs of the
Senate Committee on Business and Commerce and the House Committee on
Economic Development and Financial Services, or its successor
committee.
Added by Laws 2014, c. 220, § 2, eff. Nov. 1, 2014.
§40-2-406A. Renumbered as § 2-406.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-2-407. Repealed by Laws 1994, c. 166, § 4, eff. Sept. 1, 1994.
§40-2-408. Suitable work.
SUITABLE WORK.
(1) In determining whether or not any work is suitable for an
individual, there shall be considered among other factors and in
addition to those enumerated in Section 2-409 the length of his
unemployment, his prospects for obtaining work in his customary
occupation, the distance of available work from his residence and
prospects for obtaining local work.
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(2) Suitable work shall be defined as employment in an
occupation in keeping with the individual's prior work experience,
education or training, or having no prior work experience, special
education or training for occupations available in the general area
then, employment for which the individual would have the physical and
mental ability to perform.
(3) Upon receipt of fifty percent (50%) of his benefits,
suitable work shall not be limited to his customary or registered
occupation.
(4) If the majority of the weeks of work in an individual's base
period includes part-time work, the individual shall not be denied
unemployment benefits under any provisions of this act relating to
availability for work, active search for work, or failure to accept
work, solely because the individual is seeking only part-time work.
The phrase "seeking only part-time work", as used in this subsection,
means the individual claiming unemployment benefits is available for
a number of hours per week that are comparable to the individual’s
part-time work experience in the base period.
Added by Laws 1980, c. 323, § 2-408, eff. July 1, 1980. Amended by
Laws 2009, c. 460, § 4, eff. Nov. 1, 2009.
§40-2-409. Conditions exempting otherwise suitable work.
CONDITIONS EXEMPTING OTHERWISE SUITABLE WORK. Notwithstanding
any other provisions of this act, no work shall be deemed suitable
and benefits shall not be denied under this act to any otherwise
eligible individual for refusing to accept new work under any of the
following conditions:
(1) If the position offered is vacant due directly to a strike,
lockout or other labor dispute;
(2) If the wages, hours, or other conditions of the work offered
are substantially less favorable to the individual than those
prevailing for similar work in the locality;
(3) If as a condition of being employed the individual would be
required to join a company union or to resign from or refrain from
joining any bona fide labor organization;
(4) If the new work involved a substantial degree of risk to his
health, safety or morals.
Added by Laws 1980, c. 323, § 2-409, eff. July 1, 1980.
§40-2-410. Participation in labor disputes.
PARTICIPATION IN LABOR DISPUTES. (1) An individual shall be
disqualified to receive benefits for any week with respect to which
the Commission finds that his unemployment is due to a stoppage of
work which exists at the factory, establishment or other premises at
which he is or was last employed, because of a labor dispute.
(2) This section shall not apply if it is shown that:
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(a) He is not participating in or directly interested in
the labor dispute which caused the stoppage of work;
(b) He does not belong to a grade or class of workers of
which, immediately before the commencement of the
stoppage, there were members employed at the premises
at which the stoppage occurs, any of whom are
participating in or directly interested in the dispute;
or
(c) The employer has locked out his employees.
(3) Provided, that if in any case separate branches of work
which are commonly conducted as separate businesses in separate
premises are conducted in separate departments of the same premises,
each such department shall, for the purpose of this section, be
deemed to be a separate factory, establishment or other premises.
Added by Laws 1980, c. 323, § 2-410, eff. July 1, 1980.
§40-2-411. Retirement payments.
RETIREMENT PAYMENTS.
1. Except for any payment or benefit payment made pursuant to
the federal Social Security Act, an individual shall be disqualified
for benefits for any week which begins in a period with respect to
which such individual is receiving a governmental or other pension,
retirement or retired pay, annuity or any other similar periodic
retirement payment which is based on the previous work of such
individual if:
a. such pension, retirement or retired pay, annuity or
similar payment is under a plan maintained, or
contributed to, by a base period and chargeable
employer, and
b. in the case of such a payment not made under the
Railroad Retirement Act of 1974, 45 U.S.C., Section 231
et seq., services performed for such employer by the
individual after the beginning of the base period, or
remuneration for such services, affect eligibility for
or increase the amount of, such pension, retirement or
retired pay, annuity or similar payment.
2. If the total of such remuneration is less than the benefits
which would otherwise be due under the Employment Security Act of
1980, Section 1-101 et seq. of this title, the individual shall be
entitled to receive for such week, if otherwise eligible, benefits
reduced by the amount of such remuneration.
3. If payments referred to in this section are being received by
an individual under the federal Social Security Act, the Commission
shall take into account the individual's contribution to Social
Security and make no reduction in the weekly benefit amount.
Added by Laws 1980, c. 323, § 2-411, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 8, emerg. eff. June 25, 1981; Laws 1982, c. 304,
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§ 6, operative Oct. 1, 1982; Laws 1993, c. 46, § 1, emerg. eff. April
9, 1993; Laws 1995, c. 340, § 8, eff. July 1, 1995; Laws 2007, c.
354, § 4, eff. Nov. 1, 2007; Laws 2010, c. 179, § 4, emerg. eff.
April 28, 2010; Laws 2018, c. 14, § 5, eff. Nov. 1, 2018.
§40-2-412. Receiving benefits from another state.
RECEIVING BENEFITS FROM ANOTHER STATE. An individual shall be
disqualified for benefits for any week with respect to which or a
part of which he has received or is seeking unemployment benefits
under an unemployment compensation law of another state or of the
United States. Provided, that if the appropriate agency of such
other state or of the United States in which the individual was
seeking benefits, but had not received benefits, finally determines
that he is not entitled to such unemployment benefits, this
disqualification shall not apply.
Added by Laws 1980, c. 323, § 2-412, eff. July 1, 1980.
§40-2-413. Inmates during confinement.
INMATES DURING CONFINEMENT. No inmate of the State Department of
Corrections shall during confinement be eligible to receive benefits
under this act.
Added by Laws 1980, c. 323, § 2-413, eff. July 1, 1980.
§40-2-414. Pregnant women not disqualified.
PREGNANT WOMEN NOT DISQUALIFIED. Nothing in this act shall
prohibit pregnant women, who otherwise qualify for benefits under
this title, from receiving said benefits for the full number of weeks
to which they are entitled.
Added by Laws 1980, c. 323, § 2-414, eff. July 1, 1980.
§40-2-415. Participating in sports or athletic events.
PARTICIPATING IN SPORTS OR ATHLETIC EVENTS. Benefits shall not
be paid to any individual on the basis of any services, substantially
all of which consist of participating in sports or athletic events or
training or preparing to so participate, for any week which commences
during the period between two successive sport seasons or similar
periods if such individual performed such services in the first of
such season or similar periods and there is a reasonable assurance
that such individual will perform such services in the latter part of
such seasons or similar periods.
Added by Laws 1980, c. 323, § 2-415, emerg. eff. June 13, 1980.
§40-2-416. Prohibition against disqualification of individuals
taking approved training under Trade Act.
PROHIBITION AGAINST DISQUALIFICATION OF INDIVIDUALS TAKING
APPROVED TRAINING UNDER TRADE ACT.
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No individual shall be denied benefits for any week because such
individual is in training approved under 19 U.S.C., Section 2296 (a)
(1) of the Trade Act of 1974. An individual shall not be denied
benefits by reason of leaving work to begin or continue such
training, provided the work left is not suitable employment, or
because of the application, to any such week in training, of the
provisions of the Employment Security Act of 1980 or any applicable
federal unemployment compensation law, relating to availability for
work, active search for work, or refusal to accept work. For
purposes of this section, the term "suitable employment" means with
respect to an individual, work of a substantially equal or higher
skill level than the adversely affected past employment of the
individual, as defined for purposes of the Trade Act of 1974, and
wages for such work at not less than eighty percent (80%) of the
average weekly wage of the individual as determined for the purposes
of the Trade Act of 1974.
Added by Laws 1982, c. 304, § 7, eff. Oct. 1, 1982. Amended by Laws
2006, c. 176, § 8, eff. July 1, 2006; Laws 2007, c. 354, § 5, eff.
Nov. 1, 2007.
§40-2-417. Seek and accept work - Week of occurrence
disqualification.
SEEK AND ACCEPT WORK - WEEK OF OCCURRENCE DISQUALIFICATION.
A. An individual shall be disqualified to receive benefits for
each week in which the individual shall have failed to do any of the
following:
1. Diligently search for suitable employment at a pay rate
generally available in that area of the state in keeping with his or
her prior experience, education and training;
2. Make application for work with employers who could reasonably
be expected to have work available; or
3. Present oneself as an applicant for employment in a manner
designed to encourage favorable employment consideration.
B. The requirements of subsection A of this section shall be
waived if the individual has been summoned to appear for jury duty
before any court of the United States or of any state. The waiver
will continue for as long as the individual remains on jury duty
pursuant to the original summons.
Added by Laws 1994, c. 166, § 1, eff. Sept. 1, 1994. Amended by Laws
1995, c. 340, § 9, eff. July 1, 1995; Laws 2006, c. 176, § 9, eff.
July 1, 2006; Laws 2015, c. 249, § 5, eff. Nov. 1, 2015.
§40-2-418. Seek and accept work - Indefinite disqualification.
SEEK AND ACCEPT WORK - INDEFINITE DISQUALIFICATION.
A. An individual shall be disqualified to receive benefits for
the full period of unemployment next ensuing after the individual
shall have failed to do any of the following:
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1. Accept an offer of suitable work, as defined by Sections 2-
408 and 2-409 of this title, from an employer including any former
employer;
2. Apply for or accept suitable work, as defined by Sections 2-
408 and 2-409 of this title, when so directed by the Commission; or
3. Accept employment pursuant to a hiring hall agreement when so
offered.
Such disqualification shall continue until the individual has become
reemployed and has earned wages equal to or in excess of ten times
his or her weekly benefit amount.
B. An employer who provides evidence of an offer of suitable
work pursuant to paragraph 1 of subsection A of this section shall be
proof of the failure of the individual to meet this requirement and
shall result in the immediate cessation of benefits until a
determination can be made by the Commission. The Commission shall
conduct a timely investigation of any such claim and verify the offer
of suitable work.
C. Any individual who shall have failed in any of the
requirements of subsection A of this section due to illness, death of
a family member or other extenuating circumstance beyond his or her
control shall be disqualified for regular benefits under this section
only for the week of the occurrence of such circumstance beyond his
or her control.
Added by Laws 1994, c. 166, § 2, eff. Sept. 1, 1994. Amended by Laws
2011, c. 256, § 3; Laws 2013, c. 148, § 4, eff. Nov. 1, 2013; Laws
2018, c. 14, § 6, eff. Nov. 1, 2018.
§40-2-419. Acceptance of accelerated buyout of employment contract -
Definition.
An individual shall be disqualified for unemployment benefits if
that individual has accepted an accelerated buyout of a written
employment contract from the employer. Disqualification under this
section shall continue for the full period of unemployment next
ensuing after the individual has accepted the contract buyout
connected with the work of the individual and until such individual
has become reemployed and has earned wages equal to or in excess of
ten times the weekly benefit amount of the individual.
For purposes of this section, “accelerated buyout” shall mean a
purchase of the remaining terms of a written employment contract in a
single payment of One Hundred Thousand Dollars ($100,000.00) or more.
Added by Laws 2004, c. 88, § 1, emerg. eff. April 13, 2004.
§40-2-420. Failure to personally appear as directed.
FAILURE TO PERSONALLY APPEAR AS DIRECTED.
The Oklahoma Employment Security Commission may require the
individual to personally appear at a location for a purpose relevant
to the individual's unemployment claim, job search, or reemployment
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services. If the individual fails to appear, the individual's claim
for unemployment benefits will be disqualified indefinitely by the
Commission until the individual makes a personal appearance as
directed. An individual who has been disqualified indefinitely by
the provisions of this section shall be disqualified for all weeks
between the initial failure and the compliance with this section.
Added by Laws 2015, c. 249, § 6, eff. Nov. 1, 2015.
§40-2-421. Failure to participate in reemployment services through
profiling.
FAILURE TO PARTICIPATE IN REEMPLOYMENT SERVICES THROUGH
PROFILING.
The Oklahoma Employment Security Commission shall establish and
utilize a system of Re-employment Services and Eligibility Assessment
selection for all ex-military service claimants and for unemployment
benefit claimants who will be likely to exhaust unemployment benefits
and who will need job-search assistance services to make a successful
transition to new employment. Any claimant who has been referred to
re-employment services pursuant to the selection system and who fails
to participate in the re-employment services made available to the
claimant, shall be disqualified to receive benefits for each week in
which the failure occurs, unless the Commission determines that:
1. The claimant has previously completed the re-employment
services within the benefit year; or
2. There is good cause for the claimant's failure to participate
in re-employment services.
Added by Laws 2015, c. 249, § 7, eff. Nov. 1, 2015. Amended by Laws
2019, c. 251, § 4, eff. July 1, 2019.
§40-2-422. Seasonal workers and employers.
A. Unemployment benefits based on services by a seasonal worker
performed in seasonal employment are payable only for weeks of
unemployment that occur during the normal seasonal work period.
Benefits shall not be paid based on services performed in seasonal
employment for any week of unemployment that begins during the period
between two (2) successive normal seasonal work periods to any
individual if that individual performs the service in the first of
the normal seasonal work periods and if there is a reasonable
assurance that the individual will perform the service for a seasonal
employer in the second of the normal seasonal work periods. The
notice of reasonable assurance shall be given by the employer to the
employee in writing on or before the last day of work in the season.
If benefits are denied to an individual for any week solely as a
result of this section and the individual is not offered an
opportunity to perform in the second normal seasonal work period for
which reasonable assurance of employment had been given, the
individual is entitled to a retroactive payment of benefits under
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this section for each week that the individual previously filed a
timely claim for benefits. An individual may apply for any
retroactive benefits under this section in accordance with the
provisions of Article 2 of the Employment Security Act of 1980.
B. Not less than twenty (20) days before the estimated beginning
date of a normal seasonal work period, an employer may apply to the
Commission in writing for designation as a seasonal employer. At the
time of application, the employer shall conspicuously display a copy
of the application on the employer's premises. Within ninety (90)
days after receipt of the application, the Commission shall determine
if the employer is a seasonal employer. The employer may appeal this
decision pursuant to the provisions of Section 3-115 of Title 40 of
the Oklahoma Statutes. A determination of the Commission concerning
the status of an employer as a seasonal employer, or the decision of
the Assessment Board or a court of this state through the
administrative appeal process, which has become final, may be
introduced in any proceeding involving a claim for benefits, and the
facts found and decision issued in the determination or decision
shall be conclusive unless substantial evidence to the contrary is
introduced by or on behalf of the claimant.
C. If the employer is determined to be a seasonal employer, the
employer shall give notice to each employee of the employer's status
as a seasonal employer and the beginning and ending dates of the
employer's normal seasonal work periods, and this notice shall be
given to the employee within the first seven (7) days of employment.
On or before the last day of work in the season, if the employer
intends to issue a notice of reasonable assurance of employment for
the next season, the employer shall also give notice to each employee
advising that the employee shall timely file an initial application
for unemployment benefits at the end of the current seasonal work
period and file timely weekly continued claims thereafter to preserve
his or her right to receive retroactive unemployment benefits if he
or she is not reemployed by the seasonal employer in the subsequent
normal seasonal work period. The notices must be on a separate
document written in clear and concise language that states these
provisions. Failure of the employer to give adequate notice as
required by this subsection will result in the termination of the
employer as a seasonal employer under subsection D of this section.
D. The Commission may issue a determination terminating an
employer's status as a seasonal employer on the Commission's own
motion for good cause, or upon the written request of the employer.
The effective date of a termination determination under this
subsection shall be set by the Commission. A determination under
this subsection may be appealed pursuant to the provisions of Section
3-115 of Title 40 of the Oklahoma Statutes.
E. An employer whose status as a seasonal employer is terminated
under subsection D of this section shall not reapply for a seasonal
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employer status determination until after a regularly recurring
normal seasonal work period has begun and ended.
F. If a seasonal employer informs an employee who received
assurance of being rehired that, despite the assurance, the employee
will not be rehired at the beginning of the employer's next normal
seasonal work period, this section does not prevent the employee from
receiving unemployment benefits in the same manner and to the same
extent he or she would receive benefits under the Employment Security
Act of 1980 from an employer who has not been determined to be a
seasonal employer.
G. A successor of a seasonal employer is considered to be a
seasonal employer unless the successor provides the Commission,
within one hundred twenty (120) days after the transfer, with a
written request for termination of its status as a seasonal employer
in accordance with subsection D of this section.
H. At the time an employee is hired by a seasonal employer, the
employer shall notify the employee in writing if the employee will be
a seasonal worker. The employer shall provide the worker with
written notice of any subsequent change in the employee's status as a
seasonal worker. If an employee of a seasonal employer is denied
benefits because that employee is a seasonal worker, the employee may
contest that designation by filing an appeal pursuant to the
provisions of Part 6 of Article 2 of the Employment Security Act of
1980.
I. As used in this section:
1. "Construction industry" means the work activity designated in
Sector Group 23 – Construction of the North American Industrial
Classification System published by the Executive Office of the
President, Office of Management and Budget, 2012 edition;
2. "Normal seasonal work period" means that period, or those
periods, of time during which an individual is employed in seasonal
employment, as determined by the Commission;
3. "Seasonal employment" means the employment of one or more
individuals primarily hired to perform services during regularly
recurring periods of twenty-six (26) weeks or less in any fifty-two-
week period other than services in the construction industry;
4. "Seasonal employer" means an employer, other than an employer
in the construction industry, who applies to the Commission for
designation as a seasonal employer and whom the Commission determines
to be an employer whose operations and business require employees
engaged in seasonal employment; and
5. "Seasonal worker" means a worker who has been paid wages by a
seasonal employer for work performed only during the normal seasonal
work period.
Added by Laws 2016, c. 338, § 1, eff. Nov. 1, 2016.
§40-2-501. Applicability.
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APPLICABILITY. This part applies to procedures for benefits.
Added by Laws 1980, c. 323, § 2-501, eff. July 1, 1980.
§40-2-502. Posting of information.
POSTING OF INFORMATION. Each employer shall post and maintain in
places readily accessible to its employees, statements concerning
benefit rights, claims for benefits and any other matters relating to
the administration of this act as the Commission may by rule
prescribe. Each employer shall supply to its employees copies of
statements or other materials relating to claims for benefits when
and as the Commission may by rule prescribe. Statements and other
materials shall be supplied by the Commission to all Oklahoma
employers through the Internet website of the Commission, without
cost to the employer.
Added by Laws 1980, c. 323, § 2-502, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 9, eff. Sept. 1, 1993; Laws 2010, c. 216, § 6,
eff. July 1, 2010.
§40-2-503. Claims, notices and objections.
CLAIMS, NOTICES AND OBJECTIONS.
A. Claims for benefits shall be made in accordance with all
rules that the Oklahoma Employment Security Commission may prescribe.
B. Promptly after an initial claim or an additional initial
claim is filed, the Commission shall give written notice of the claim
to the last employer of the claimant for whom he or she worked at
least fifteen (15) working days. The required fifteen (15) working
days are not required to be consecutive. Provided, that promptly
after the Commission is notified of the claimant's separation from an
employment obtained by a claimant during a continued claim series,
the Commission shall give written notice of the claim to the last
separating employer. Notices to separating employers during a
continued claim series will be given to the last employer in the
claim week without regard to length of employment. Each notice shall
contain an admonition that failure to respond to the notice could
affect the employer's tax rate.
C. Promptly after the claim is paid for the fifth week of
benefits the Commission shall give written notice of the claim to all
other employers of the claimant during the claimant's base period.
The notice will be given pursuant to Section 3-106 of this title.
D. Notices shall be deemed given when the Commission deposits
the same in the United States mail addressed to the employer's last-
known address. Notice shall be presumed prima facie to have been
given to the employer to whom addressed on the date stated in the
written notice. If the employer has elected to be notified by
electronic means according to procedures set out in Oklahoma
Employment Security Commission rules, notice shall be deemed to be
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given when the Commission transmits the notification by electronic
means.
E. Within ten (10) days after the date on the notice or the date
of the postmark on the envelope in which the notice was sent,
whichever is later, an employer may file with the Commission at the
address prescribed in the notice written objections to the claim
setting forth specifically the facts which:
1. Make the claimant ineligible for benefits under Sections 2-
201 through 2-210 of this title;
2. Disqualify the claimant from benefits under Sections 2-401
through 2-417 and 2-419 of this title; or
3. Relieve such employer from being charged for the benefits
wages of such claimant.
F. An untimely employer objection to a claim for unemployment
benefits made pursuant to subsection E of this section may be allowed
for good cause shown.
Added by Laws 1980, c. 323, § 2-503, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 9, emerg. eff. June 25, 1981; Laws 1993, c. 219,
§ 10, eff. Sept. 1, 1993; Laws 1995, c. 340, § 10, eff. Jan. 1, 1996;
Laws 1997, c. 30, § 9, eff. July 1, 1997; Laws 2004, c. 102, § 4,
eff. Nov. 1, 2004; Laws 2008, c. 132, § 8, eff. Nov. 1, 2008; Laws
2012, c. 196, § 4, emerg. eff. May 8, 2012; Laws 2013, c. 71, § 6,
eff. Nov. 1, 2013; Laws 2014, c. 220, § 6, eff. Nov. 1, 2014; Laws
2018, c. 14, § 7, eff. Nov. 1, 2018; Laws 2019, c. 251, § 5, eff.
July 1, 2019.
§40-2-503.1. Filing of employer protest and documents through
employer portal.
FILING OF EMPLOYER PROTEST AND DOCUMENTS THROUGH EMPLOYER PORTAL.
A. The procedure set out in this section for the filing of a
statement of objection through the employer portal is an optional
procedure for the employer. If the employer chooses not to utilize
this procedure, the employer must file its protest in accordance with
subsection E of Section 2-503 of Title 40 of the Oklahoma Statutes.
B. An employer may file a statement of objections to the claim
of a former employee at any time from the moment of discharge or
separation from employment of the employee until the expiration of
the ten-day time period set out in subsection E of Section 2-503 of
Title 40 of the Oklahoma Statutes. The statement of objection must
be filed through the employer portal on the Oklahoma Employment
Security Commission's Internet website and must contain a statement
of specific facts and documentation which:
1. Disclose the name and social security number of the employee;
2. Make the claimant ineligible for benefits under Sections 2-
201 through 2-210 of Title 40 of the Oklahoma Statutes;
3. Disqualify the claimant for benefits under Sections 2-401
through 2-419 of Title 40 of the Oklahoma Statutes; or
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4. Relieve the employer from being charged for the benefits
wages of this claimant.
C. Any statement of objection filed pursuant to this section
within the time period and in the manner set out in subsection B of
this section shall be considered a valid protest to a claim for
unemployment benefits filed by the former employee and the employer
shall be considered an interested party to the claim. A statement of
objection filed pursuant to this section outside the time period or
in any manner other than as set out in subsection B of this section
shall not be considered a valid protest to a claim for unemployment
of the former employee, and the employer shall not be considered an
interested party to the claim.
Added by Laws 2015, c. 249, § 8, eff. April 30, 2016.
§40-2-504. Determinations of benefits.
DETERMINATIONS OF BENEFITS. A determination upon a claim for
benefits shall be made promptly by a representative of the
Commission. It shall include a statement as to whether and in what
amount claimant is entitled to benefits for the week with respect to
which the determination is made. In the event the claimant is
determined to be ineligible for or disqualified from benefits under
Part 2 or Part 4 of this Article the determination shall state the
reasons therefor. The initial determination in a benefit year shall
include a statement as to whether the claimant has been paid the
wages required under this act, and if so, the beginning and ending
dates of the benefit year, the weekly benefit amount, and the maximum
total amount of benefits payable to him with respect to such benefit
year.
Added by Laws 1980, c. 323, § 2-504, eff. July 1, 1980.
§40-2-505. Determinations in labor dispute cases.
DETERMINATIONS IN LABOR DISPUTE CASES. Whenever any claim
involves the application of the provisions of Section 2-410, the
representative of the Commission first considering the claim shall,
if so directed by the Commission, promptly transmit such claim and
all filed objections thereto to an appeal tribunal which shall make a
determination upon the issues involved under that section. Such
appeal tribunal shall make the determination thereon after affording
the claimant and each employer who filed an objection an opportunity
for a hearing in accordance with the provisions of this section with
respect to hearings and determinations of appeal tribunals. The
parties shall be promptly notified of the determination, together
with the reasons therefor. Such determination shall be the final
decision on the claim, unless, within ten (10) days after the mailing
of notice to a party's last-known address, appeal is filed with the
Board of Review.
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Added by Laws 1980, c. 323, § 2-505, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 10, emerg. eff. June 25, 1981.
§40-2-506. Redeterminations.
REDETERMINATIONS.
The Oklahoma Employment Security Commission may reconsider a
determination only when it finds that an error in computation or
identity has occurred in connection therewith, or that wages of the
claimant pertinent to such determination, but not considered in
connection therewith, have been newly determined, or that reimbursed
pay or back pay was received by a claimant under circumstances that
would reduce the amount of benefits drawn, or that benefits have been
allowed or denied or the amount of benefits fixed on the basis of
misrepresentation or mistake of material facts, but no such
redetermination shall be made after the expiration of the benefit
year established by the initial determination, except that a
determination made because of a false statement or representation or
failure to disclose a material fact in violation of Section 5-102 or
5-103 of this title may be redetermined within two (2) years from the
date of such false statement or representation or failure to
disclose. Notice of any such redetermination shall be promptly given
to the parties entitled to notice of the original determination, in
the manner prescribed in the Employment Security Act of 1980 with
respect to notice of an original determination. If the amount of
benefits is increased upon such redetermination, an appeal therefrom
solely with respect to the matters involved in such increase may be
filed in the manner and subject to the limitations provided in Part 5
of Article 2 of the Employment Security Act of 1980. If the amount
of benefits is decreased upon such redetermination, the matters
involved in such decrease shall be subject to review in connection
with an appeal by claimant from any determination upon a subsequent
claim for benefits which may be affected in amount or duration by
such redetermination. Subject to the same limitations and for the
same reasons, the Commission may reconsider the determination in any
case in which the final decision has been rendered by an appeal
tribunal, the Board of Review or a court, and may apply to the body
or court which rendered such final decision to issue a revised
decision. In the event that an appeal involving an original
determination is pending as of the date a redetermination thereof is
issued, such appeal, unless withdrawn, shall be treated as an appeal
from such redetermination.
Added by Laws 1980, c. 323, § 2-506, eff. July 1, 1980. Amended by
Laws 2007, c. 354, § 6, eff. Nov. 1, 2007; Laws 2014, c. 220, § 7,
eff. Nov. 1, 2014.
§40-2-507. Notice of determinations.
NOTICE OF DETERMINATIONS.
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Notice of a determination upon a claim shall be given promptly to
the claimant by delivery thereof or by mailing the notice to the
claimant's last-known address or by electronic means if the claimant
elected this form of notification through procedures set out by
Oklahoma Employment Security Commission rules. Notice of a
determination shall also be given promptly to the last employer of
the claimant, for whom the claimant worked at least fifteen (15)
working days, that objected to the claim in accordance with the
provisions of subsection E of Section 2-503 of this title and to each
other employer who timely filed a written objection to the claim. If
the employer has elected to be notified by electronic means according
to procedures set out in Oklahoma Employment Security Commission
rules, notice shall be deemed to be given when the Commission
transmits the notification by electronic means.
Added by Laws 1980, c. 323, § 2-507, emerg. eff. June 13, 1980.
Amended by Laws 1981, c. 259, § 11, emerg. eff. June 25, 1981; Laws
1997, c. 30, § 11, eff. July 1, 1997; Laws 2012, c. 196, § 5, emerg.
eff. May 8, 2012.
§40-2-601. Applicability.
APPLICABILITY. This part applies to appeals from determinations
of the Commission or its representatives to its appeals tribunal, to
appeals from decisions of its appeals tribunal to the Board of Review
and to judicial review of decisions of the Board of Review.
Added by Laws 1980, c. 323, § 2-601, eff. Oct. 1, 1980.
§40-2-602. Appeal referees.
APPEAL REFEREES. (1) The Executive Director, with approval by
the Commission, shall appoint one or more referees who shall
constitute the appeal tribunal. The referees shall act under the
direct supervision of the Executive Director.
(2) Each appeal from a determination made by the Commission or
one of its representatives shall be assigned to a referee who shall
conduct a hearing after notice to the parties, receive the evidence
in such hearing and decide the appeal.
Added by Laws 1980, c. 323, § 2-602, eff. Oct. 1, 1980. Amended by
Laws 1982, c. 304, § 8, operative Oct. 1, 1982; Laws 1991, c. 295, §
1, eff. Sept. 1, 1991.
§40-2-603. Appeal tribunal.
APPEAL TRIBUNAL.
The claimant or any other party entitled to notice of a
determination may file an appeal from the determination with the
appeal tribunal within ten (10) days after the date of mailing of the
notice to the claimant’s or other party’s last-known address or, if
the notice is not mailed, within ten (10) days after the date of
delivery of the notice. The claimant or other party may file an
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appeal in any manner allowed by Section 1-224 of this title or by
telephone to the Commission’s call center. In order to be considered
timely, filing of an appeal made by telephone through a claims
representative must be completed before the end of normal business
hours.
Added by Laws 1980, c. 323, § 2-603, eff. Oct. 1, 1980. Amended by
Laws 2002, c. 452, § 12, eff. Nov. 1, 2002; Laws 2010, c. 216, § 7,
eff. July 1, 2010.
§40-2-604. Hearing.
HEARING. The appeal referee to whom the appeal is assigned,
after affording the parties reasonable opportunity for a fair
hearing, shall make findings and conclusions, and on the basis
thereof affirm, modify, or reverse such determination; provided,
however, that whenever an appeal involves a question as to whether
services were performed by claimant in employment or for an employer,
or as to amount of wages reported by an employer for claimant, the
tribunal referee shall give special notice of such issue and of the
pendency of the appeal by mail to the employer and to the Commission,
both of whom shall thenceforth be parties to the proceeding and be
afforded a reasonable opportunity to adduce evidence bearing on such
questions; provided, that any party who enters an appearance before
the tribunal referee waives the requirement of special notice by
mail.
Added by Laws 1980, c. 323, § 2-604, eff. Oct. 1, 1980.
§40-2-605. Notice of referee decision.
NOTICE OF REFEREE DECISION.
The parties shall be promptly notified of such referee's decision
and shall be furnished with a copy of the decision, including the
findings and conclusions in support thereof. Such decision shall be
final unless, within ten (10) days after the date of mailing of
notice thereof to the parties' last-known addresses, or, in the
absence of such mailing, within ten (10) days after the delivery of
such notice, further review before the Board of Review is initiated
pursuant to Section 2-606 of this title.
Added by Laws 1980, c. 323, § 2-605, eff. Oct. 1, 1980. Amended by
Laws 2011, c. 256, § 4.
§40-2-606. Appeals from tribunal referee decisions to Board of
Review.
APPEALS FROM TRIBUNAL REFEREE DECISIONS TO BOARD OF REVIEW.
The Board of Review shall review the record of an appeal filed by
any of the parties entitled to notice on a determination of an appeal
tribunal referee. An appeal to the Board of Review may be filed in
any manner allowed by Section 1-224 of this title. On appeal, the
Board of Review may affirm, modify, reverse, or remand any decision
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of an appeal tribunal referee on the basis of evidence previously
submitted, or on the basis of additional evidence received by an
appeal tribunal referee on remand. The Board of Review shall
promptly notify the parties of its decision in writing, and the
decision shall be final unless within thirty (30) days after the
mailing of the decision to the parties’ last-known addresses, a
proceeding for judicial review is initiated pursuant to Section 2-610
of this title.
Added by Laws 1980, c. 323, § 2-606, eff. Oct. 1, 1980. Amended by
Laws 1982, c. 304, § 9, operative Oct. 1, 1982; Laws 2004, c. 102, §
5, eff. Nov. 1, 2004; Laws 2010, c. 216, § 8, eff. July 1, 2010; Laws
2011, c. 256, § 5.
§40-2-607. Rules and procedures in appeals.
RULES AND PROCEDURES IN APPEALS.
The Board of Review shall adopt reasonable rules governing the
manner of filing appeals and the conduct of hearings and appeals
before the Board of Review, consistent with the provisions of the
Employment Security Act of 1980. The Oklahoma Employment Security
Commission shall adopt and, from time to time, may modify and amend
rules governing appeals before the Appeal Tribunal of the Commission
and its referees. The Oklahoma Employment Security Commission shall
create and maintain a precedent manual to reflect current statutes
and statutory changes along with current case law that is applicable
to questions of law which may arise during hearing or appeals. The
precedent manual shall be updated by the Commission within thirty
(30) days of the effective date of any statutory changes and shall be
available at the offices of the Commission and on any Internet
website maintained by the Commission. When the same or substantially
similar evidence is relevant and material to the matters in issue in
claims by more than one individual or in claims by a single
individual with respect to two (2) or more weeks of unemployment, the
same time and place for considering each such claim may be fixed,
hearings thereon jointly conducted, a single record of the
proceedings made, and evidence introduced with respect to one
proceeding considered as introduced in the others, provided that in
the judgment of the appeal tribunal referee having jurisdiction of
the proceeding, such consolidation would not be prejudicial to any
party. No person shall participate as an appeal tribunal referee or
member of the Board of Review on any case in which the person has a
personal interest. A record shall be kept of all testimony and
proceedings before an appeal tribunal referee, but the testimony need
not be transcribed unless judicial review is initiated. Witnesses
subpoenaed pursuant to this section shall be allowed fees at a rate
fixed by the Commission, and fees of witnesses subpoenaed on behalf
of the Commission, the employer, or any claimant, shall be deemed
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part of the expense of administering the Employment Security Act of
1980.
Added by Laws 1980, c. 323, § 2-607, eff. Oct. 1, 1980. Amended by
Laws 1982, c. 304, § 10, operative Oct. 1, 1982; Laws 1990, c. 333, §
4, emerg. eff. May 31, 1990; Laws 1998, c. 161, § 9, eff. July 1,
1998; Laws 2011, c. 256, § 6; Laws 2016, c. 287, § 4, eff. Nov. 1,
2016.
§40-2-608. Conclusiveness of determinations and decisions.
CONCLUSIVENESS OF DETERMINATIONS AND DECISIONS.
Except insofar as reconsideration of any determination is had
under Section 2-506 of this title, any right, fact, or matter in
issue, directly passed upon or necessarily involved in a
determination or redetermination which has become final, or in a
decision on appeal under this subsection which has become final,
shall be conclusive for all the purposes of this act as between the
Commission, the claimant, and all employers who had notice of such
determination, redetermination, or decision. Subject to appeal
proceedings and judicial review as provided in this title, any
determination, redetermination or decision as to rights to benefits
shall be conclusive for all the purposes of this act and shall not be
subject to collateral attack by any party.
Added by Laws 1980, c. 323, § 2-608, eff. Oct. 1, 1980. Amended by
Laws 2011, c. 256, § 7.
§40-2-609. Rule of decision.
RULE OF DECISION.
A final decision of the Board of Review and the principles of law
declared in arriving at such decision, unless expressly or impliedly
overruled by the passage of a more recent statute, by a later
decision of the Board of Review, or by a court of competent
jurisdiction, shall be binding upon the Commission and Appeal
Tribunal referees in subsequent proceedings which involve the same
questions of law or fact. In no event shall a decision of the Board
of Review, or by a court of competent jurisdiction, decided prior to
a change in law by the Legislature supersede or be binding upon the
Commission, Appeal Tribunal referees, Board of Review, or any court
of competent jurisdiction in proceedings subsequent to the passage of
statutory changes.
Added by Laws 1980, c. 323, § 2-609, eff. Oct. 1, 1980. Amended by
Laws 2011, c. 256, § 8; Laws 2014, c. 220, § 8, eff. Nov. 1, 2014;
Laws 2016, c. 287, § 5, eff. Nov. 1, 2016.
§40-2-610. Judicial review.
JUDICIAL REVIEW.
A. Within the thirty (30) days after the day a notice of
decision of the Board of Review is mailed to the parties, the
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Oklahoma Employment Security Commission, or any party to the
proceedings before the Board of Review, may obtain judicial review by
filing in the district court of the county in which the claimant
resides, or if the claimant is not a resident of the State of
Oklahoma then in the District Court of Oklahoma County, a petition
for review of the decision of the Board of Review. The petition for
review shall set out the names of all codefendants in the style of
the case, which shall include:
1. The Board of Review;
2. The Oklahoma Employment Security Commission; and
3. All other parties to the proceeding before the Board of
Review.
The petition for review need not be verified but shall state
specifically the grounds upon which the review is sought. A copy of
the petition for review shall be served upon the Board of Review at
its official address and the petitioner shall also deliver to the
Board of Review as many copies of the petition as there are
defendants. The Board of Review shall send to each party to the
proceeding a copy of the petition by mail, and the mailing shall be
deemed to be service upon all the parties. In any proceeding under
this section the findings of the Board of Review as to the facts, if
supported by evidence, shall be conclusive and the jurisdiction of
the court shall be confined to questions of law. No additional
evidence shall be received by the court, but the court may remand the
case and order additional evidence to be taken by the Appeal Tribunal
of the Oklahoma Employment Security Commission.
B. Within sixty (60) days of the date of service of the petition
on the Board of Review, the Board of Review shall file with the court
a certified copy of the record of the case, including all documents
and papers properly admitted into evidence and a transcript of all
testimony taken in the matter, together with the Board of Review's
findings, conclusions, and decision.
C. The proceedings shall be heard in a summary manner and shall
be given precedence over all other civil cases. An appeal may be
taken from the decision of the district court to the Supreme Court of
this state in the same manner as is provided in other civil cases.
It shall not be necessary as a condition precedent to judicial review
of any decision of the Board of Review to enter exceptions to the
rulings of the Board, and no bond shall be required as a condition of
initiating a proceeding for judicial review or entering an appeal
from the decision of the court. Upon the final termination of the
judicial proceeding, the Board of Review shall enter an order in
accordance with the mandate of the district or appellate court.
Added by Laws 1980, c. 323, § 2-610, eff. Oct. 1, 1980. Amended by
Laws 2006, c. 176, § 10, eff. July 1, 2006; Laws 2008, c. 132, § 9,
eff. Nov. 1, 2008; Laws 2011, c. 256, § 9.
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§40-2-610.1. Conclusiveness of proceedings.
Any findings of fact or law, judgment, conclusion or final order
made by the Oklahoma Employment Security Commission, its referees,
the Appeal Tribunal or Board of Review in an unemployment insurance
proceeding shall not be conclusive or binding in any separate or
subsequent action or proceeding, and shall not be used as evidence in
any separate or subsequent action or proceeding, between an
individual and his or her present or prior employer in any other
forum regardless of whether or not the prior action was between the
same or related parties or involved the same facts.
Added by Laws 1991, c. 295, § 2, eff. Sept. 1, 1991. Renumbered from
§ 2-610A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
§40-2-610A. Renumbered as § 2-610.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-2-611. Commission is a party.
COMMISSION IS A PARTY. The Commission shall be a party to and
entitled to notice in any proceeding involving a claim for benefits
before a referee or the Board of Review. In any proceeding for
judicial review the Commission may be represented by any attorney
employed by the Commission or designated by it for that purpose or,
at the Commission's request, by the Attorney General.
Added by Laws 1980, c. 323, § 2-611, eff. Oct. 1, 1980.
§40-2-612. Payment of benefits.
PAYMENT OF BENEFITS.
Benefits shall be promptly paid on any claim in accordance with a
determination or redetermination or the decision of a referee, the
Board of Review or a reviewing court upon the issuance of the
determination, redetermination or decision, regardless of the
pendency of an appeal, or petition for judicial review that is
provided by the Employment Security Act of 1980, unless and until the
determination, redetermination, or decision has been modified or
reversed by a subsequent redetermination or decision, in which event
benefits shall be paid or denied for weeks of unemployment thereafter
in accordance with the modifying or reversing redetermination or
decision. No injunction, supersedeas, stay or other writ or process
suspending the payment of the benefits shall be issued by any court,
but if the determination, redetermination or decision is finally
modified or reversed to deny benefits no employer's account shall
remain charged with benefit wages pursuant to the erroneous
determination, redetermination or decision and benefits shall not be
paid for any weeks of unemployment involved in the modification or
reversal that begin after the final decision.
Added by Laws 1980, c. 323, § 2-612, eff. Oct. 1, 1980. Amended by
Laws 2011, c. 256, § 10.
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§40-2-613. Benefit overpayments.
BENEFIT OVERPAYMENTS.
An overpayment of unemployment benefits shall be classified in
one of three ways with recovery and recoupment to be conducted as
follows:
1. Fraud overpayment: in which an individual intentionally
makes a false statement or representation or fails to disclose a
material fact, and has received any sum as benefits to which the
individual was not entitled. The individual shall be liable to repay
this sum, plus a penalty of twenty-five percent (25%) of the amount
of the original overpayment and interest at the rate of one percent
(1%) per month on the unpaid balance of the overpayment, to the
Oklahoma Employment Security Commission. Three-fifths (3/5) of the
penalty amount collected shall be deposited in the Unemployment Trust
Fund for the State of Oklahoma and the remaining two-fifths (2/5)
shall be deposited in the Oklahoma Employment Security Commission
Revolving Fund. The interest shall cease to accrue when the total
accrued interest equals the amount of the overpayment. If an
overpayment is modified, the interest shall cease to accrue when the
total accrued interest equals the amount of the modified overpayment.
The Commission shall deduct the principal sum from any future
benefits payable to the individual;
2. Claimant error overpayment: in which an individual, by
mistake of law or fact, makes a false statement or representation or
fails to disclose a material fact and has received any sum as
benefits to which the individual was not entitled. The individual
shall be liable to repay this sum, plus interest at the rate of one
percent (1%) per month on the unpaid balance of the overpayment, to
the Commission. The interest shall cease to accrue when the total
accrued interest equals the amount of the overpayment. If an
overpayment is modified, the interest shall cease to accrue when the
total accrued interest equals the amount of the modified overpayment.
The Commission shall deduct the principal sum from any future
benefits payable to the individual; or
3. Administrative overpayment – in which:
a. an individual has received any sum as benefits under
the Employment Security Act of 1980 due to an error by
the Commission or an employer, or
b. an individual has received benefits and the decision to
grant benefits was reversed at a higher level of
appeal.
The individual shall be liable to have this sum deducted from any
future benefits payable to the individual with respect to the benefit
year current at the time of the receipt and the next subsequent
benefit year that begins within one (1) year after the expiration of
the benefit year current at the time of the receipt. No interest
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shall accrue on administrative overpayments. An individual may
voluntarily repay an administrative overpayment with private funds.
Added by Laws 1980, c. 323, § 2-613, eff. Oct. 1, 1980. Amended by
Laws 1981, c. 259, § 12, emerg. eff. June 25, 1981; Laws 1986, c.
205, § 5, emerg. eff. June 6, 1986; Laws 1987, c. 10, § 2, emerg.
eff. March 31, 1987; Laws 1992, c. 318, § 1, eff. July 1, 1992; Laws
2002, c. 452, § 13, eff. Nov. 1, 2002; Laws 2005, c. 182, § 5, eff.
Nov. 1, 2005; Laws 2012, c. 196, § 6, emerg. eff. May 8, 2012; Laws
2016, c. 287, § 6, eff. Nov. 1, 2016; Laws 2018, c. 14, § 8, eff.
Nov. 1, 2018.
§40-2-614. Waiver of appeal time.
WAIVER OF APPEAL TIME.
All time periods provided for appeals pursuant to the provisions
of Article 2 of the Employment Security Act of 1980 may be waived for
good cause shown up to one (1) year after the date of the
determination or redetermination; provided, this waiver shall not
apply to appeals to district court of decisions of the Board of
Review.
Added by Laws 1983, c. 270, § 7, emerg. eff. June 23, 1983. Amended
by Laws 1992, c. 318, § 2, eff. July 1, 1992; Laws 2003, c. 177, § 4,
eff. Nov. 1, 2003; Laws 2019, c. 251, § 6, eff. July 1, 2019.
§40-2-615. Waiver of interest.
Any interest, or any portion thereof, that accrues pursuant to
the provisions of Section 2-613 of Title 40 of the Oklahoma Statutes,
may be waived by the Oklahoma Employment Security Commission provided
the failure of the claimant to remit payment at the time a
determination of overpayment was made:
1. Is explained to the satisfaction of the Commission;
2. Resulted from a mistake by the claimant of either the law or
the facts concerning the repayment of overpayment benefits; or
3. Was caused by insolvency of the claimant.
No waiver of interest shall be granted unless a request for waiver is
filed with the Commission within a three-year period from the date
the interest accrued. No waiver of interest shall be granted to a
claimant if it is determined that the claimant received an
overpayment of benefits through fraud.
Added by Laws 2002, c. 452, § 14, eff. Nov. 1, 2002.
§40-2-616. Notice of overpayment determination.
NOTICE OF OVERPAYMENT DETERMINATION.
If the Oklahoma Employment Security Commission or its
representative determines that an individual has been overpaid
unemployment benefits pursuant to Section 2-613 of this title, the
individual shall be sent a notice of overpayment determination. If
the individual disagrees with this determination, the individual may
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file an appeal of the determination with the Appeal Tribunal within
twenty (20) days after the date of the mailing of the notice to the
individual's last-known address or, if the notice is not mailed,
within twenty (20) days after the date of the delivery of the notice.
If the individual fails to appeal the determination within the time
provided, without good cause, then the determination will be deemed
final and no further appeal shall be allowed.
Added by Laws 2002, c. 452, § 15, eff. Nov. 1, 2002. Amended by Laws
2011, c. 256, § 11; Laws 2013, c. 71, § 7, eff. Nov. 1, 2013.
§40-2-617. Warrant of levy and lien.
WARRANT OF LEVY AND LIEN.
A. If the notice of overpayment determination issued pursuant to
Section 2-616 of this title becomes final due to a lack of appeal or
if the determination is affirmed on appeal, and if the amount due is
not paid within ninety (90) days of the date that the determination
becomes final, then the Oklahoma Employment Security Commission may
issue a warrant of levy and lien under its official seal, which shall
state the name and Social Security number of the debtor and list the
amount of indebtedness with interest. The warrant of levy and lien
shall be for all purposes the equivalent of a judgment of a court of
record.
B. The Commission may file a copy of the warrant of levy and
lien with the county clerk of the county or counties in which the
individual has property and thereupon the county clerk shall index
the warrant of levy and lien in the same manner as judgments using
the name of the individual named in the warrant of levy and lien,
indicating that it is due to an overpayment of unemployment insurance
benefits, showing the amount due with interest, the date upon which
the warrant of levy and lien was filed, and shall index the warrant
of levy and lien against the real property described therein, if any
is described. If the county clerk charges a fee for the filing of
the warrant of levy and lien, the Commission may add the amount of
the fee to the indebtedness owing by the individual named in the
warrant of levy and lien.
C. The filing of the notice in the office of the county clerk of
the county in which the individual resides shall constitute and be
evidence and notice of the state's lien upon the title to any
interest in any real or personal property of the individual named in
the notice. The lien shall be in addition to any and all other liens
existing in favor of the state to secure the payment of any unpaid
indebtedness, interest, penalty, fees and costs, and the lien shall
be paramount and superior to all other liens of whatsoever kind or
character, attaching to any of the property subsequent to the date of
the recording and shall be in addition to any other lien provided for
in this act. This lien shall be permanent and continuing without any
requirement for executions under Section 735 of Title 12 of the
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Oklahoma Statutes or any other similar statute. This lien shall
continue on personal property of the individual until the amount of
the indebtedness, interest, fees and costs are paid. This lien shall
continue on real property until released by payment or for a maximum
of ten (10) years after the date of its filing.
D. The Commission may file a copy of the notice with the court
clerk in the county in which the individual is employed or resides,
and it shall be filed in the same manner as a judgment of a court of
record for the purpose of pursuing any post-judgment collection
procedure that is deemed appropriate. The Commission may send the
notice to the sheriff in a county in which the individual owns real
or personal property for execution. Upon receiving the notice, the
sheriff shall proceed to execute the notice in all respects and with
like effect and in same manner prescribed by law in respect to
executions against property upon judgment of the court of record; and
the sheriff shall execute and deliver to the purchaser a bill of sale
or deed, as the case may be. Any purchaser, other than the state,
shall be entitled, upon application to the court having jurisdiction
of the property, to have confirmation (the procedure for which shall
be the same as is now provided for the confirmation of a sale under
execution) of the sale prior to the issuance of a bill of sale or
deed. The state shall be authorized to make bids at any such sale to
the amount of indebtedness, interest, costs, and fees accrued. In
the event the bid of the state is successful, the sheriff shall issue
a proper muniment of title to the Commission, and the Commission
shall hold the title for the use and benefit of the state. The state
may sell any property obtained in this manner through the procedures
available for the sale of excess property of the state. Any money
received by the Commission through the sale of property in this
manner shall be credited against the indebtedness of the individual.
The sheriff shall be entitled to the same fee for executing the
notice as the sheriff would be entitled to receive if executing an
execution issued by the court clerk of the county upon a judgment of
a court of record.
Added by Laws 2002, c. 452, § 16, eff. Nov. 1, 2002. Amended by Laws
2016, c. 287, § 7, eff. Nov. 1, 2016.
§40-2-618. Levy on income and monetary assets.
LEVY ON INCOME AND MONETARY ASSETS.
A. As used in this section, the following words have the
following meanings:
1. "Bank" means any state bank or banking association, national
bank or banking association, savings and loan company, credit union,
or any other financial institution;
2. "Bank account" means any checking or savings account the
debtor has with any bank;
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3. "Debtor" means any person that is the subject of a warrant of
levy and lien issued pursuant to Section 2-617 of this title;
4. "Earnings" means any form of payment to an individual
including, but not limited to, salary, wages, commission, or other
compensation; and
5. "Employer" means any type of business or organization that
owes earnings to a debtor.
B. If any debtor shall fail to pay his or her indebtedness to
the Oklahoma Employment Security Commission and after the debtor has
been notified of the amount due and demand for payment has been made,
it shall be lawful for the Commission to collect the amount owed by
levy upon the debtor's employer or any bank account of the debtor.
C. To levy upon an employer of the debtor, the Commission must
serve a Notice of Levy on the employer along with the warrant of levy
and lien that sets out the amount owing on the benefit overpayment of
the debtor, with interest. The levy will have the same priority, and
be subject to the same exceptions, as a continuing earnings
garnishment provided for in Section 1173.4 of Title 12 of the
Oklahoma Statutes. The following procedures will apply to a Notice
of Levy served on an employer:
1. The employer shall answer the Notice of Levy on a form
provided by the Commission. The employer shall follow the procedure
for answering a continuing earnings garnishment as set out in
subsection F of Section 1173.4 of Title 12 of the Oklahoma Statutes;
2. The Notice of Levy shall be a lien on the debtor's property
in the same manner as provided for in subsection G of Section 1173.4
of Title 12 of the Oklahoma Statutes. The Notice of Levy shall also
be subject to the procedures and time limits set out in subsections
H, I, J and K of Section 1173.4 of Title 12 of the Oklahoma Statutes,
except that when a document is required to be filed with the clerk of
the court, the document will instead be filed with the Commission as
directed on the forms provided;
3. Any employer that fails or refuses to surrender money or
rights to money belonging to its employee in the employer's
possession, or that fails or refuses to make the appropriate
deduction from wages pursuant to a levy provided for by this statute
upon being served with a Notice of Levy and supporting warrant of
levy and lien of the Commission, shall be liable to the Commission in
a sum equal to the amount of money, rights to money, or wage
deduction not so surrendered, but not exceeding the amount of the
debtor's indebtedness for the collection of which the levy has been
made, together with accrued interest pursuant to Section 2-613 of
this title, and the cost of service of the Notice of Levy. Any
amount recovered in this manner shall be credited against the
liability of the debtor for the benefit overpayment indebtedness, for
which the levy was made; and
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4. Any employer in possession of money or rights to money
subject to levy upon which a levy has been made that surrenders the
money or rights to money to the Commission shall be discharged from
any obligation or liability to the debtor and any other person or
entity with respect to such money or rights to money arising from the
surrender or payment.
D. To levy upon a debtor's bank account, the Commission must
serve a Notice of Levy on the bank in which the debtor has an
account, along with the warrant of levy and lien issued against the
debtor. The following procedures will apply to a Notice of Levy
served on a bank:
1. Upon receiving the Notice of Levy and the warrant of levy and
lien issued against the debtor, the bank shall deliver all of the
debtor's interest in the money in the debtor's bank account at the
time of service of the levy, subject to the banker's lien or right of
set off or any other priority claim of the bank, up to the amount of
indebtedness indicated on the warrant of levy and lien plus accrued
interest pursuant to Section 2-613 of this title and any fees for
service of process, to the Commission office indicated in the Notice
of Levy;
2. The delivery of this money shall occur within ten (10) days
of the date of service of the Notice of Levy;
3. If there is no money in the debtor's bank account at the time
the Notice of Levy is served, or if the bank account has been closed,
an officer of the bank on which the Notice of Levy is served shall
make a statement to that effect on the Notice of Levy. The statement
shall be notarized and returned to the office of the Commission that
is indicated in the Notice of Levy;
4. Any bank that fails or refuses to surrender money or rights
to money in a bank account subject to levy, upon being served with a
Notice of Levy and supporting warrant of levy and lien of the
Commission, shall be liable to the Commission in a sum equal to the
amount of money or rights to money not so surrendered, but not
exceeding the amount of the debtor's indebtedness for the collection
of which the levy has been made, together with accrued interest
pursuant to Section 2-613 of this title, and the cost of service of
the Notice of Levy. Any amount recovered in this manner shall be
credited against the liability of the debtor for the benefit
overpayment indebtedness, for which the levy was made; and
5. Any bank in possession of money or rights to money subject to
levy, upon which a levy has been made, that surrenders the money or
rights to money to the Commission shall be discharged from any
obligation or liability to the debtor and any other person or entity
with respect to such money or rights to money arising from the
surrender or payment.
E. Service of the Notice of Levy and the warrant of levy and
lien shall be made in the same manner as provided in Section 2004 of
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Title 12 of the Oklahoma Statutes for service of process in civil
actions.
F. If a sheriff's department is enlisted to serve the Notice of
Levy, that sheriff's department shall be entitled to a service fee of
Fifty Dollars ($50.00) that is to be paid by the Commission and added
to the debtor's indebtedness.
G. Claims for exemptions and any other matter relating to the
levy shall be filed with the Appeal Tribunal of the Oklahoma
Employment Security Commission. An order of exemption may relate
back no more than thirty (30) days before the filing of the claim for
exemption and shall extend no further than the expiration date or
termination of the levy. Appeal from the Appeal Tribunal decision
shall be governed by the appeal procedures set out in Part 6 of
Article 2 of the Employment Security Act of 1980, and the
Administrative Rules of the Oklahoma Employment Security Commission
pertaining thereto.
Added by Laws 2002, c. 452, § 17, eff. Nov. 1, 2002. Amended by Laws
2003, c. 177, § 5, eff. Nov. 1, 2003; Laws 2008, c. 132, § 10, eff.
Nov. 1, 2008; Laws 2015, c. 249, § 9, eff. Nov. 1, 2015.
§40-2-619. Treasury offset program – Benefit overpayment
collections.
TREASURY OFFSET PROGRAM – BENEFIT OVERPAYMENT COLLECTIONS.
A. The Oklahoma Employment Security Commission shall be
authorized to collect unemployment benefit overpayment indebtedness
through the Tax Offset Program of the U.S. Department of the Treasury
pursuant to 26 U.S.C., Section 6402(f) and 31 CFR, Section 285.8.
The Commission may submit overpayment indebtedness due to fraud that
was established pursuant to paragraph 1 of Section 2-613 of Title 40
of the Oklahoma Statutes and overpayment indebtedness due to claimant
error that was established under paragraph 2 of Section 2-613 of
Title 40 of the Oklahoma Statutes, if the claimant error overpayment
was due to a failure to report earnings.
B. Before submitting an indebtedness to the U.S. Department of
the Treasury for collection through the Tax Offset Program, the
Oklahoma Employment Security Commission shall notify the debtor in
writing of the amount of the debt and the date the indebtedness was
established. The notification shall give the debtor sixty (60) days
from the date of mailing of the notice to present evidence to the
Commission that all or a part of the indebtedness is not legally
enforceable or is otherwise invalid.
C. If the debtor responds to the notice by presenting evidence,
the Commission shall evaluate the evidence and review its records of
the indebtedness. Based on this evaluation and review, the
Commission may modify the amount of the indebtedness. Once the
evaluation and review process is complete, the indebtedness shall be
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submitted to the U.S. Department of the Treasury for collection
through the Tax Offset Program.
D. If no evidence is presented by the debtor within the sixty-
day time period allowed by the notice, the amount of the indebtedness
will be submitted to the U.S. Department of the Treasury for
collection through the Tax Offset Program.
E. If the Oklahoma Employment Security Commission receives an
erroneous payment from the U.S. Department of the Treasury, the
Oklahoma Employment Security Commission shall return the payment to
the U.S. Department of the Treasury. If the money that was
erroneously paid to the Oklahoma Employment Security Commission had
been credited to an unemployment benefit overpayment indebtedness,
that indebtedness shall be reinstated to the amount that existed
before the payment was credited.
Added by Laws 2015, c. 249, § 10, eff. Nov. 1, 2015.
§40-2-701. Definitions of terms applicable to extended benefits.
DEFINITIONS OF TERMS APPLICABLE TO EXTENDED BENEFITS. The words
and phrases used in this Part shall, unless the context clearly
requires otherwise, have the meanings prescribed in this part.
Added by Laws 1980, c. 323, § 2-701, eff. July 1, 1980.
§40-2-702. Applicability.
APPLICABILITY. The provisions of this part shall apply to the
Extended Benefits Program.
Added by Laws 1980, c. 323, § 2-702, eff. July 1, 1980.
§40-2-703. Extended benefit period.
EXTENDED BENEFIT PERIOD. "Extended benefit period" means a
period which shall:
(1) begin with the third week after the first week for which
there is a state "on" indicator; and
(2) end with either of the following weeks, whichever occurs
later:
(a) the third week after the first week for which there is
a state "off" indicator, or
(b) the thirteenth consecutive week of such period.
No extended benefit period may begin by reason of a state "on"
indicator before the fourteenth week following the end of a prior
extended benefit period which was in effect with respect to this
state.
Added by Laws 1980, c. 323, § 2-703, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 11, operative Oct. 1, 1982.
§40-2-706. State "on" indicator.
STATE "ON" INDICATOR.
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There is a "state 'on' indicator" for this state for a week if
the Oklahoma Employment Security Commission determines, in accordance
with the regulations of the Secretary of Labor of the United States,
that for the period consisting of such week and the immediately
preceding twelve (12) weeks, the rate of insured unemployment, not
seasonally adjusted:
1. Equaled or exceeded one hundred twenty percent (120%) of the
average of such rates for the corresponding thirteen-week period
ending in each of the preceding two (2) calendar years, and equaled
or exceeded five percent (5%); or
2. Equaled or exceeded six percent (6%).
Any optional or revised "state 'on' indicator" or indicators or
optional waiver by a state of any such indicator or part of any such
indicator provided for by Congress for any period of time shall be
considered to be in effect in Oklahoma for such period of time.
Added by Laws 1980, c. 323, § 2-706, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 12, operative Oct. 1, 1982; Laws 2002, c. 452, §
18, eff. Nov. 1, 2002.
§40-2-707. State "off" indicator.
STATE "OFF" INDICATOR.
There is a "state 'off' indicator" for this state for a week if
the Commission determines, in accordance with the regulations of the
Secretary of Labor of the United States, that for the period
consisting of such week and the immediately preceding twelve (12)
weeks, the rate of insured unemployment, not seasonally adjusted was
either:
1. Less than six percent (6%) and was less than one hundred
twenty percent (120%) of the average of such rates for the
corresponding thirteen-week period ending in each of the preceding
two (2) calendar years; or
2. Less than five percent (5%).
Any optional or revised "state 'off' indicator" or indicators or
optional waiver by a state of any such indicator or part of any such
indicator provided for by Congress for any period of time shall be
considered to be in effect in Oklahoma for such period of time.
Added by Laws 1980, c. 323, § 2-707, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 13, operative Oct. 1, 1982; Laws 2002, c. 452, §
19, eff. Nov. 1, 2002.
§40-2-708. Rate of insured unemployment.
RATE OF INSURED UNEMPLOYMENT. "Rate of insured unemployment",
for purposes of Sections 2-706 and 2-707 of this title, means the
percentage derived by dividing:
(1) the average weekly number of weeks claimed for weeks of
unemployment for regular benefits, including interstate claims filed
in this state with respect to the most recent thirteen-consecutive-
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week period, as determined by the Commission on the basis of its
reports to the Secretary of Labor of the United States, by
(2) the average monthly employment covered under this act for
the first four (4) of the most recent six (6) completed calendar
quarters ending before the end of such thirteen-week period.
Added by Laws 1980, c. 323, § 2-708, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 14, operative Oct. 1, 1982.
§40-2-709. Regular benefits.
REGULAR BENEFITS. "Regular benefits" mean benefits payable to an
individual under this act, or under any other state law, including
dependents' allowances and benefits payable to federal civilian
employees and to ex-servicemen pursuant to 5 U.S.C. Chapter 85, other
than extended benefits.
Added by Laws 1980, c. 323, § 2-709, eff. July 1, 1980.
§40-2-710. Extended benefits.
EXTENDED BENEFITS. "Extended benefits" mean benefits, including
benefits payable to federal civilian employees and to ex-servicemen
pursuant to 5 U.S.C. Chapter 85, payable to an individual under the
provisions of this Part 7 for weeks of unemployment, as defined by
this act, in his eligibility period.
Added by Laws 1980, c. 323, § 2-710, eff. July 1, 1980.
§40-2-711. Eligibility period.
ELIGIBILITY PERIOD. "Eligibility period" of an individual for
extended benefits means the period consisting of the weeks in his
benefit year as defined by this act, which begin in an extended
benefit period and, if his benefit year ends within such extended
benefit period, any weeks thereafter which begin in such extended
benefit period.
Added by Laws 1980, c. 323, § 2-711, eff. July 1, 1980.
§40-2-712. Exhaustee.
EXHAUSTEE. A. "Exhaustee" means an individual who, with respect
to any week of unemployment in his eligibility period:
(1) has received, prior to such week, all the regular benefits
payable to him according to the monetary determination for his
current benefit year that includes such week under this act, or of
any other state law; or
(2) has received, prior to such week, all the regular benefits
available to him in his current benefit year that includes such week
under this act or of any other state law after a cancellation of some
or all of his wage credits or the partial or total reduction of his
right to regular compensation; or
(3) his benefit year having expired prior to such week, has
insufficient wages or employment, or both, on the basis of which he
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could establish in any state a new benefit year that would include
such week, or having established a new benefit year that includes
such week, he is precluded from receiving regular benefits by reason
of the provisions of Part 1 of Article 2 or the provision of any
other state law that meets the requirements of Section 3304(a)(7) of
the Internal Revenue Code of 1954; and
(4) has no right to unemployment benefits or allowances, as the
case may be, under the following federal laws: The Railroad
Unemployment Insurance Act, the Trade Expansion Act, and the
Automotive Products Trade Act; and
(5) has not received and is not seeking for such week
unemployment benefits under the law of Canada, but if he is seeking
such benefits and the appropriate agency finally determines that he
is not entitled to benefits under such law, he is an exhaustee.
B. For purposes of paragraphs (1) and (2) of subsection A, an
individual shall be deemed to have received in his current benefit
year all of the regular benefits payable to him according to the
monetary determination or available to him, as the case may be, even
though:
(1) as a result of a pending appeal with respect to wages or
employment or both that were not included in the original monetary
determination with respect to such benefit year, he may subsequently
be determined to be entitled to more regular benefits; or
(2) having established a benefit year, no regular benefits are
payable to him during such year because his wage credits were
cancelled or his right to regular compensation was totally reduced as
the result of the application of a disqualification.
Added by Laws 1980, c. 323, § 2-712, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 13, emerg. eff. June 25, 1981.
§40-2-713. State law.
STATE LAW. "State law" means the unemployment insurance law of
any state, approved by the Secretary of Labor of the United States
under Section 3304 of the Internal Revenue Code of 1954.
Added by Laws 1980, c. 323, § 2-713, eff. July 1, 1980.
§40-2-714. Extended benefits.
EXTENDED BENEFITS. Except when the result would be inconsistent
with the other provisions of this section, as provided in the rules
of the Commission, the provisions of this act which apply to claims
for, or the payment of, regular benefits shall apply to claims for,
and the payment of, extended benefits including, but not limited to,
claim filing, claimant reporting and registration, information to
claimants, notices to claimants of their weekly and total extended
benefit amounts determinations, redeterminations, appeals and review,
week for which benefits are paid, disqualifications and eligibility
requirements, but excluding those provisions which apply to any
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waiting period, monetary qualifying or requalifying requirements and
the computation of weekly and total amounts of regular benefits.
Added by Laws 1980, c. 323, § 2-714, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 11, eff. Sept. 1, 1993.
§40-2-715. Eligibility for extended benefits.
ELIGIBILITY FOR EXTENDED BENEFITS.
A. An individual shall be eligible to receive extended benefits
with respect to any week of unemployment in the eligibility period of
the individual only if the Commission finds that with respect to such
week:
1. The individual is an "exhaustee" as defined in Section 2-712
of this title; and
2. Except as otherwise provided by this section, the individual
has satisfied the requirements of the Employment Security Act of
1980, for the receipt of regular benefits that are applicable to
individuals claiming extended benefits, including not being subject
to a disqualification under the Employment Security Act of 1980,
Section 1-101 et seq. of this title, for the receipt of benefits.
B. An individual shall not be eligible for extended benefits
unless, in the base period with respect to which the individual
exhausted all rights to regular benefits, the individual shall have
been paid wages for insured work of not less than one and one-half (1
1/2) times the amount of wages during that quarter of the base period
of the individual in which the wages were the highest.
C. Any payment of extended benefits under the Employment
Security Act of 1980 shall not be made to any individual for any week
of unemployment in his or her eligibility period during which the
individual:
1. Fails to accept any offer of suitable work;
2. Fails to apply for any suitable work to which referred by the
state employment service; or
3. Fails to actively engage in seeking suitable work.
D. Suitable work shall be defined as any work which is within
such individual's capabilities, except that if the individual
furnishes satisfactory evidence that the individual's prospects for
obtaining work in his or her customary occupation within a reasonably
short period are good, the determination of whether any work is
suitable work with respect to such individual shall be made in
accordance with the provisions of Section 2-408 of this title with
respect to regular benefit claimants.
1. Any work which is within the capabilities of such individual
means that the individual has the physical and mental capacity to do
the work and the background and experience which would enable the
individual to perform the job.
2. Work for an extended benefit claimant shall not be considered
suitable if the gross weekly pay of the job does not exceed the
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extended weekly benefit amount payable to the individual for a week
of total unemployment plus the amount of any Supplemental
Unemployment Benefits (SUB), as defined in Section 501(c)(17)(D) of
the Internal Revenue Code of 1954, 26 U.S.C., Section 501, payable
for such week and equal the higher of the federal minimum wage
provided by Section 6(a)(1) of the Fair Labor Standards Act of 1938,
29 U.S.C., Section 206, without regard to any exemption or any
applicable state or local minimum wage.
E. If any individual is ineligible for extended benefits for any
week by reason of a failure described in subsection B of this
section, such individual shall be ineligible to receive extended
benefits for the week in which such failure occurred and until the
individual has been employed during at least four (4) different weeks
which begin after such failure and has earned wages equal to or in
excess of four (4) times his weekly benefit amount.
F. 1. Extended benefits shall not be denied to any individual
for any week by reason of a failure to accept an offer of, or apply
for, suitable work if the position was not offered to such individual
in writing or was not listed with the state employment service.
2. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if such failure would not result in a denial of
benefits under the provisions of Sections 2-408, 2-409, 2-417 and 2-
418 of this title to the extent that such provisions are not
inconsistent with the provisions of this section.
3. Extended benefits shall not be denied to any individual for
any week by reason of a failure to accept an offer of or apply for
suitable work if the work failed to meet any of the requirements of
Section 2-409 of this title.
G. An individual shall be treated as actively engaged in seeking
work during any week if such individual has engaged in a systematic
and sustained effort to obtain work during such week, and such
individual provides tangible evidence to the state employment service
that he has engaged in such an effort during such week.
H. An individual filing an interstate claim shall not be
eligible for extended benefits after the first two (2) weeks of
extended benefits that are payable if no extended benefit period is
in effect for such week in the state where the claim is filed.
I. The state employment service shall refer any claimant
entitled to extended benefits to any suitable work which meets the
criteria prescribed in this section.
Added by Laws 1980, c. 323, § 2-715, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 14, emerg. eff. June 25, 1981; Laws 1982, c.
304, § 15, operative Oct. 1, 1982; Laws 1984, c. 252, § 4, emerg.
eff. May 29, 1984; Laws 1993, c. 88, § 1, emerg. eff. April 18, 1993;
Laws 1994, c. 166, § 3, eff. Sept. 1, 1994; Laws 1995, c. 340, § 11,
eff. July 1, 1995; Laws 2002, c. 452, § 20, eff. Nov. 1, 2002.
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NOTE: Laws 1994, c. 73, § 1 repealed by Laws 1994, c. 166, § 4, eff.
Sept. 1, 1994.
§40-2-716. Weekly extended benefit amount.
WEEKLY EXTENDED BENEFIT AMOUNT. (1) The weekly extended benefit
amount payable to an individual for a week of total unemployment in
his eligibility period shall be an amount equal to the weekly benefit
amount payable to him for a week of total unemployment during his
current benefit year, or if he has no current benefit year, his most
recent benefit year. If the individual had more than one (1) weekly
amount of regular benefits for total unemployment during such benefit
year, the weekly amount of extended benefits for total unemployment
shall be the average of such weekly benefit amounts.
(2) The weekly benefit amount of extended benefits payable for a
week of less than total unemployment shall be based on the weekly
benefit amount determined pursuant to subsection (1) of this section.
Provided, that for any week during a period in which federal payments
to states under Section 204 of the Federal-State Extended
Unemployment Compensation Act of 1970 are reduced under an order
issued under Section 252 of the Balanced Budget and Emergency Deficit
Control Act of 1985, the weekly extended benefit amount payable to an
individual for a week of total unemployment in his eligibility period
shall be reduced by a percentage equivalent to the percentage of the
reduction in the federal payment. Such reduced weekly extended
benefit amount, if not a full dollar amount, shall be rounded to the
nearest lower full dollar amount.
Added by Laws 1980, c. 323, § 2-716, eff. July 1, 1980. Amended by
Laws 1986, c. 205, § 6, emerg. eff. June 6, 1986.
§40-2-717. Total amount of extended benefits payable.
TOTAL AMOUNT OF EXTENDED BENEFITS PAYABLE. The total extended
benefit amount payable to any eligible individual with respect to his
applicable benefit year shall be the least of the following amounts:
(1) fifty percent (50%) of the total amount of regular benefits
which were payable to him under this act, during his applicable
benefit year;
(2) thirteen (13) times his average weekly benefit amount as
determined in subsection (1) of this section which was payable to him
under this act, for a week of total unemployment during such benefit
year;
(3) thirty-nine (39) times his average weekly benefit amount as
determined in subsection (1) of Section 2-716 payable to him under
this act, for a week of total unemployment during such benefit year,
reduced by the regular benefits paid, or deemed paid, to him during
such benefit year.
(4) If an individual is entitled to more extended benefits as a
result of an appeal which afforded him more regular benefits, an
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appropriate change shall be made in the individual's total extended
benefit amount.
(5) If an individual who has received extended benefits for a
week or weeks of unemployment is determined to be entitled to more
regular benefits with respect to such week or weeks as the result of
an appeal, the extended benefits paid to him shall be treated as if
they were regular benefits up to the greater amount of regular
benefits to which he has been determined to be entitled. If the
individual is entitled to more extended benefits as a result of being
entitled to more regular benefits, the total extended benefit amount
payable to him shall be amended accordingly.
Added by Laws 1980, c. 323, § 2-717, eff. July 1, 1980.
§40-2-718. Public announcement of extended benefit period.
PUBLIC ANNOUNCEMENT OF EXTENDED BENEFIT PERIOD. Whenever an
extended benefit period is to become effective in this state, as a
result of a state "on" indicator, or an extended benefit period is to
be terminated in this state as a result of state "off" indicators,
the Commission shall make an appropriate public announcement.
Added by Laws 1980, c. 323, § 2-718, eff. July 1, 1980. Amended by
Laws 1982, c. 304, § 16, operative Oct. 1, 1982.
§40-2-719. Commission to make computations.
COMMISSION TO MAKE COMPUTATIONS. Computations required by the
provisions of this part shall be made by the Commission, in
accordance with regulations prescribed by the Secretary of Labor of
the United States.
Added by Laws 1980, c. 323, § 2-719, eff. July 1, 1980.
§40-2-720. Commission to ensure compliance.
COMMISSION TO ENSURE COMPLIANCE. In the administration of the
provisions of this Part which are enacted to conform with the
requirements of the Federal-State Extended Unemployment Compensation
Act of 1970, and the Unemployment Compensation Amendments of 1976,
the Commission shall take such action as may be necessary to ensure
that the provisions are so interpreted and applied so as to meet the
requirements of such federal act as interpreted by the Department of
Labor of the United States, and to secure to this state the full
reimbursement of the federal share of extended benefits paid under
this act that are reimbursable under the federal act.
Added by Laws 1980, c. 323, § 2-720, eff. July 1, 1980.
§40-2-721. Employers not liable for reimbursed payments.
EMPLOYERS NOT LIABLE FOR REIMBURSED PAYMENTS. Notwithstanding
any other provisions of this act no employer shall be liable for
payments in lieu of contributions with respect to extended benefit
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payments which are wholly reimbursed to the state by the federal
government.
Added by Laws 1980, c. 323, § 2-721, eff. July 1, 1980.
§40-2-722. Reimbursement deposited in fund.
REIMBURSEMENT DEPOSITED IN FUND. Reimbursement of the federal
share shall be deposited in the Unemployment Compensation Fund
created by this act.
Added by Laws 1980, c. 323, § 2-722, eff. July 1, 1980.
§40-2-723. Overpayments, restitution, offset, and recoupment.
OVERPAYMENTS, RESTITUTION AND OFFSET. The provisions of this act
applicable to recovery of overpayments, including restitution,
offset, and recoupment shall apply to overpayments of extended
benefits. If there is recovery of extended benefits, that proportion
of the amount restored or offset which represents the federal share
of the original payments shall be restored to the appropriate federal
account.
Added by Laws 1980, c. 323, § 2-723, eff. July 1, 1980. Amended by
Laws 2010, c. 216, § 9, eff. July 1, 2010.
§40-2-724. Limitation on amount of combined unemployment insurance
and Trade Act benefits received.
LIMITATION ON AMOUNT OF COMBINED UNEMPLOYMENT INSURANCE AND TRADE
ACT BENEFITS RECEIVED. If the benefit year of any individual ends
within an extended benefit period, the remaining balance of extended
benefits that the individual would be entitled to receive in that
extended benefit period, with respect to weeks of unemployment
beginning after the end of the benefit year, shall be reduced, but
not below zero, by the product of the number of weeks for which the
individual received any amounts as trade readjustment allowances
within that benefit year, multiplied by the weekly benefit amount for
extended benefits of the individual.
Added by Laws 1982, c. 304, § 17, operative Oct. 1, 1982.
§40-2-801. Child support obligations.
CHILD SUPPORT OBLIGATIONS.
A. Beginning October 1, 1982, any individual filing a new claim
for unemployment compensation shall, at the time of filing such
claim, disclose whether or not the individual owes child support
obligations. If any such individual discloses that he or she owes
child support obligations, and is determined to be eligible for
unemployment compensation, the Commission shall notify the state or
local child support enforcement agency enforcing such obligation that
the individual has been determined to be eligible for unemployment
compensation.
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B. The Commission shall deduct and withhold from any
unemployment compensation payable to an individual that owes child
support obligations:
(1) the amount specified by the individual to the Commission to
be deducted and withheld under this subsection, if neither paragraphs
(2) or (3) of this subsection are applicable, or
(2) the amount, if any, determined pursuant to an agreement
submitted to the Commission under 42 U.S.C., Section 654(19)(B)(i) by
the state or local child support enforcement agency, unless paragraph
(3) of this subsection is applicable, or
(3) any amount otherwise required to be so deducted and withheld
from such unemployment compensation pursuant to legal process, which
shall mean any writ, order, summons or other similar process in the
nature of garnishment, which:
(a) is issued by:
(i) a court of competent jurisdiction within any
state, territory or possession of the United
States,
(ii) a court of competent jurisdiction in any foreign
country with which the United States has entered
into an agreement which requires the United States
to honor such process, or
(iii) an authorized official pursuant to an order of
such a court of competent jurisdiction or pursuant
to state or local law, and
(b) is directed to, and the purpose of which is to compel,
a governmental entity, which holds monies which are
otherwise payable to an individual, to make a payment
from such monies to another party in order to satisfy a
legal obligation of such individual to provide child
support.
C. All income withholding orders or other legal process issued
to collect child support through a deduction from unemployment
benefits and all other documents necessary to complete the deduction
shall be served on the appropriate state or local child support
enforcement agency and on the Oklahoma Employment Security
Commission.
D. Any amount deducted and withheld under subsection B of this
section shall be paid by the Commission to the appropriate state or
local child support enforcement agency.
E. Any amount deducted and withheld under subsection B of this
section shall for all purposes be treated as if it were paid to the
individual as unemployment compensation and paid by such individual
to the state or local child support enforcement agency in
satisfaction of the individual's child support obligations.
F. For purposes of subsections A through E of this section, the
term "unemployment compensation" means any compensation payable under
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the Employment Security Act of 1980, Section 1-101 of this title,
including amounts payable by the Commission pursuant to an agreement
under any federal law providing for compensation, assistance or
allowances with respect to unemployment.
G. This section applies only if appropriate arrangements have
been made for reimbursement by the state or local child support
enforcement agency for the administrative costs, as determined by the
Commission, incurred by the Commission under this section which are
attributable to child support obligations being enforced by the state
or local child support enforcement agency.
H. For purposes of this section:
(1) "Child support obligations" means only obligations which are
being enforced pursuant to a plan described in 42 U.S.C., Section
654, which has been approved by the Secretary of Health and Human
Services under 42 U.S.C., Section 651 et seq.
(2) "State or local child support enforcement agency" means any
agency of a state or a political subdivision thereof, operating
pursuant to a plan described in 42 U.S.C., Section 654, which has
been approved by the Secretary of Health and Human Services under 42
U.S.C., Section 651 et seq.
(3) Deductions from unemployment insurance authorized by
subsection B of this section in satisfaction of child support
obligations are only those obligations defined in paragraph (1) of
this subsection, and the recipient of said deductions shall be
defined as only a state or local child support enforcement agency
operating pursuant to an approved plan described in 42 U.S.C.,
Section 654 and referenced in paragraph (2) of this subsection.
Added by Laws 1982, c. 304, § 18, operative Oct. 1, 1982. Amended by
Laws 1990, c. 235, § 2, eff. Sept. 1, 1990; Laws 2018, c. 14, § 9,
eff. Nov. 1, 2018.
§40-2-802. Reports by employers to Employment Security Commission -
New hire registry.
REPORTS BY EMPLOYERS TO EMPLOYMENT SECURITY COMMISSION – NEW HIRE
REGISTRY.
A. Employers doing business in the State of Oklahoma shall
report to the Oklahoma Employment Security Commission, the hiring or
employment of any person who resides or works in this state to whom
the employer anticipates paying earnings.
B. Such report shall contain the employee's name, address,
social security number, date of employment, state of employment,
along with the employer's name, address, and federal identification
number.
C. The report must be made within twenty (20) days of hiring, or
twice monthly, not less than twelve (12) nor more than sixteen (16)
days apart if reported electronically or magnetically. The report
may be made by mailing a copy of the employee's W-4 form, by
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submitting a fax transmission of the employee's W-4 form, by
submitting electronic media in a format that can be used by the
Commission, or by any other means authorized by the Commission.
D. The Child Support Enforcement Division shall be the official
New Hire Registry for the State of Oklahoma and will obtain the new
hire information from the Oklahoma Employment Security Commission.
E. The Child Support Enforcement Division shall enter into
agreements with state agencies administering unemployment, employment
services, workforce system programs, workers' compensation, public
assistance, Medicaid, food stamps, vocational rehabilitation, and
other programs specified by federal law or regulation, to provide
such information upon request.
F. Used in this section:
1. "Employee" means an individual who is an employee as defined
by the Internal Revenue Code of 1986, 26 U.S.C., Section 3401 et seq.
"Employee" does not mean an employee of a federal or state agency
performing intelligence or counterintelligence functions if the head
of such agency has determined that reporting with respect to that
employee could endanger the safety of the employee or compromise an
ongoing investigation or intelligence mission;
2. "Employer" means an individual or other entity who is an
employer as defined by the Internal Revenue Code of 1986, 26 U.S.C.,
Section 3401(d) and includes any governmental entity and any labor
organization; and
3. "Labor organization" means an entity as defined by the
National Labor Relations Act, 29 U.S.C., Section 152(5) including,
but not limited to, any entity known as a "hiring hall" which is used
by the organization and an employer to carry out requirements
described in Section 8(f)(3) of the National Labor Relations Act, 29
U.S.C., Section 158(f)(3), of an agreement between the organization
and the employer.
Added by Laws 1994, c. 356, § 34, eff. Sept. 1, 1994. Amended by
Laws 1997, c. 402, § 8, eff. July 1, 1997; Laws 2001, c. 329, § 1,
emerg. eff. June 1, 2001; Laws 2002, c. 452, § 21, eff. Nov. 1, 2002;
Laws 2015, c. 249, § 11, eff. Nov. 1, 2015.
§40-2-803. Food purchase assistance overissuances.
FOOD PURCHASE ASSISTANCE OVERISSUANCES.
A. An individual filing a new claim for unemployment
compensation shall, at the time of filing the claim, disclose whether
or not he or she owes an uncollected overissuance of food purchase
assistance benefits, as defined in 7 U.S.C., Section 2022(c)(1). The
Oklahoma Employment Security Commission shall notify the state food
purchase assistance agency enforcing such obligations of any
individual who discloses that he or she owes food purchase assistance
overissuances and who is determined to be eligible for unemployment
compensation.
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B. The Commission shall deduct and withhold from any
unemployment compensation payable to an individual who owes an
uncollected overissuance:
1. The amount specified by the individual to the Commission to
be deducted and withheld under this section;
2. The amount, if any, determined pursuant to an agreement
submitted to the state food purchase assistance agency under 7
U.S.C., Section 2022(c)(3)(A); or
3. Any amount otherwise required to be deducted and withheld
from unemployment compensation pursuant to 7 U.S.C., Section 2022(c)
(3)(B).
C. Any amount deducted and withheld under this section shall be
paid by the Commission to the appropriate state food purchase
assistance agency.
D. Any amount deducted and withheld under subsection B of this
section shall for all purposes be treated as if it were paid to the
individual as unemployment compensation and paid by the individual to
the state food purchase assistance agency as repayment of the
individual's uncollected overissuance.
E. For purposes of this section, the term "unemployment
compensation" means any compensation payable under this act including
amounts payable by the Commission pursuant to an agreement under any
federal law providing for compensation, assistance, or allowances
with respect to unemployment.
F. This section applies only if arrangements have been made for
reimbursement by the state food purchase assistance agency for the
administrative costs incurred by the Commission under this section
which are attributable to the repayment of uncollected overissuances
to the state food purchase assistance agency.
Added by Laws 1997, c. 30, § 10, eff. July 1, 1997. Amended by Laws
2018, c. 14, § 10, eff. Nov. 1, 2018.
§40-2-900. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-901. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-902. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-903. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-904. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-905. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-906. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-907. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
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§40-2-908. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-909. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-2-910. Repealed by Laws 2014, c. 220, § 11, eff. Nov. 1, 2014.
§40-3. Obstructing work of labor officials.
No person shall interfere with, obstruct or hinder by force or
otherwise the Commissioner of Labor, his deputies, assistants, or
special agents, or factory inspectors while in the performance of
their duties, or refuse to properly answer questions asked by such
officers pertaining to the laws over which he has supervision under
the provisions of this act, or refuse them admittance to any place
where and when labor is being performed which is affected by the
provisions of this act.
Laws 1910-11, c. 128, p. 283, § 3.
§40-3-101. Applicability.
APPLICABILITY.
(1) The provisions of this Article 3 apply to the payment of
contributions by employers.
(2) The provisions of this Part 1 apply to employers other than
employers who are subject to Part 7, or employers who have elected to
reimburse under Part 8 of this article, or employers who have elected
to reimburse under paragraph 2 of subsection E of Section 1-108 of
this title.
Added by Laws 1980, c. 323, § 3-101, eff. July 1, 1980. Amended by
Laws 2006, c. 176, § 11, eff. July 1, 2006.
§40-3-102. Contributions.
CONTRIBUTIONS.
A. Contributions shall accrue and become payable by each
employer for each calendar year in which the employer is subject to
the Employment Security Act of 1980, with respect to wages for
employment. Such contributions shall become due and be paid by each
employer to the Oklahoma Employment Security Commission for the
Unemployment Compensation Fund in accordance with such rules as the
Commission may prescribe, and shall not be deducted, in whole or in
part, from the wages of individuals in the employer's employ.
B. In the payment of any contributions, a fractional part of a
cent shall be disregarded unless it amounts to one-half cent ($0.005)
or more, in which case it shall be increased to one cent ($0.01).
C. Each employer shall be notified of its contribution rate for
a given calendar year on or before September 30 of the previous
calendar year. The notice shall be mailed to the employer at the
employer's last-known address. If the employer has elected to be
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notified by electronic means according to procedures set out in
Oklahoma Employment Security Commission rules, notice shall be deemed
to be given when the Commission transmits the notification by
electronic means. The employer shall file an appeal to the rate
notice within twenty (20) days after the mailing of the notice of the
contribution rate, or the date of transmission by electronic means.
Upon the filing of a timely appeal, the Commission shall provide for
a review and issue a determination to the employer. If the employer
does not file a timely appeal, the contribution rate of the employer
shall become conclusive and binding.
D. Within twenty (20) days after the date of mailing of the
notice of the determination, the employer may file with the
Commission at the address prescribed in the notice the employer's
specific written objections to the contribution rate so determined.
The matter will be heard upon those specific written objections by a
representative appointed by the Commission. The decision shall be
made in writing and notice shall be mailed to the employer. The
employer may appeal to the district court by filing a petition for
review with the clerk of that court within thirty (30) days after the
date of mailing stated upon the notice of decision.
Added by Laws 1980, c. 323, § 3-102, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 15, emerg. eff. June 25, 1981; Laws 1993, c.
219, § 12, eff. Sept. 1, 1993; Laws 1997, c. 30, § 12, eff. July 1,
1997; Laws 2006, c. 176, § 12, eff. July 1, 2006; Laws 2012, c. 196,
§ 7, emerg. eff. May 8, 2012; Laws 2019, c. 251, § 7, eff. July 1,
2019.
§40-3-103. Repealed by Laws 2016, c. 287, § 13, eff. Nov. 1, 2016.
§40-3-104. Repealed by Laws 2013, c. 71, § 14, eff. Nov. 1, 2013.
§40-3-105. Benefit wages - Quarter charged.
BENEFIT WAGES - QUARTER CHARGED.
When in any benefit year a claimant is paid benefits for his or
her fifth compensable week of unemployment or is paid benefits as
defined in paragraph 3 of Section 4-702 of this title, his or her
taxable wages during his or her base period shall be treated, for the
purpose of this part, as though they had been paid in the calendar
quarter in which the fifth compensable week of unemployment benefits
are paid.
Added by Laws 1980, c. 323, § 3-105, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 9, emerg. eff. June 23, 1983; Laws 1995, c. 340,
§ 13, eff. Jan. 1, 1996; Laws 2014, c. 220, § 9, eff. Nov. 1, 2014.
§40-3-106. Benefit wages charged and relief therefrom.
BENEFIT WAGES CHARGED AND RELIEF THEREFROM.
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A. The Oklahoma Employment Security Commission shall give notice
to each base period employer of a claimant promptly after the
claimant is issued his or her fifth week of benefits by the
Commission or promptly after the Commission receives notice of the
amounts paid as benefits by another state under a reciprocal
arrangement. Notice shall be deemed given under this subsection when
the Commission deposits the same with the United States Postal
Service addressed to the employer at an address designated by the
employer to receive the notice or at the employer's last-known
address. If the employer has elected to be notified by electronic
means according to procedures set out in Oklahoma Employment Security
Commission rules, notice shall be deemed to be given when the
Commission transmits the notification by electronic means. Notice
shall be presumed prima facie to have been given to the employer to
whom addressed on the date stated in the written notice. This notice
shall give the name and social security number of the claimant, the
date the claim was filed, and the amount of benefit wages charged to
the employer in each quarter of the base period.
B. Within twenty (20) days from the date stated upon the notice
provided for in subsection A of this section, the employer may file
with the Commission written objections to being charged with the
benefit wages upon one or more of the grounds for objection set forth
in subsection G of this section. The employer's written objection
must set forth specifically:
1. The date on which the employment was terminated;
2. Full particulars as to the circumstances of the termination
including the reason given by the individual for voluntarily leaving
the employment, or the nature of the misconduct for which discharged,
as the case may be;
3. Full particulars as to the regular scheduled part-time or
full-time employment of the employee including the starting date, and
ending date if any, of the continuous period of such part-time or
full-time employment; and
4. Such other information as called for by the notice.
C. Upon receipt of the employer's written objections, the
Commission shall make a determination as to whether or not the
employer is entitled to be relieved from the charging of benefit
wages. The Commission shall promptly notify the employer of that
determination. Provided further, the twenty-day time period for
filing written objections with the Commission as provided for in
subsection B of this section may be waived for good cause shown.
D. Within twenty (20) days after the mailing of the
determination provided for in subsection C of this section, the
employer may file with the Commission or its representative a written
protest to the determination and request an oral hearing de novo to
present evidence in support of its protest. The Commission or its
representative shall, by written notice, advise the employer of the
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date of the hearing, which shall not be less than ten (10) days from
the date of mailing of the written notice. At the discretion of the
Commission, this hearing shall be conducted by the Commission or its
representative appointed by the Commission for this purpose.
Pursuant to the hearing, the Commission or its representative shall,
as soon as practicable, make a written order setting forth its
findings of fact and conclusions of law, and shall send it to the
employer.
E. If any employer fails to file a written protest within the
period of twenty (20) days, as provided by subsection D of this
section, then the determination shall be final, and no appeal shall
thereafter be allowed.
F. The employer or the Commission may appeal the order of the
Commission or its representative to the district court by filing a
petition for review with the clerk of that court within thirty (30)
days after the date the order was mailed to all parties. The mailing
date shall be specifically stated in the order.
G. The benefit wages charged to an employer for a given calendar
year shall be the total of the benefit wages stated in the notices
given to the employer by the Commission. Provided, that an employer
shall be relieved of a benefit wage charge if the employer proves to
the satisfaction of the Commission that the benefit wage charge
includes wages paid by the employer to any employee or former
employee, who:
1. Left employment with that employer, or with his or her last
employer, voluntarily without good cause connected to the work;
2. Was discharged from such employment for misconduct connected
with his or her work;
3. Was a regular scheduled employee of that employer prior to
the week the employee separated from other employment, and continued
to work for the employer through the fifth compensable week of
unemployment in his or her established benefit year;
4. Was separated from his or her employment as a direct result
of a major natural disaster, declared as such by the President
pursuant to the Disaster Relief Act of 1974, P.L. 93-288, and such
employee would have been entitled to disaster unemployment assistance
if he or she had not received unemployment insurance benefits;
5. Was discharged by an employer for unsatisfactory performance
during an initial employment probationary period. As used in this
paragraph, "probationary period" means a period of time set forth in
an established probationary plan which applies to all employees or a
specific group of employees and does not exceed ninety (90) calendar
days from the first day a new employee begins work. The employee
must be informed of the probationary period within the first seven
(7) work days. There must be conclusive evidence to establish that
the individual was separated due to unsatisfactory work performance;
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6. Left employment to attend training approved under the Trade
Act of 1974 and is allowed unemployment benefits pursuant to Section
2-416 of this title; or
7. Was separated from employment for compelling family
circumstances as defined in Section 2-210 of this title.
H. If an employer recalls an employee deemed unemployed as
defined by the Employment Security Act of 1980 and the employee
continues to be employed or the employee voluntarily terminates
employment or is discharged for misconduct within the benefit year,
the employer shall be entitled to have the benefit wage charged
against the employer's experience rating for the employee reduced by
the ratio of the number of weeks of remaining eligibility of the
employee to the total number of weeks of entitlement.
I. An employer shall not be charged with benefit wages of a
laid-off employee if the employer lists as an objection in a
statement filed in accordance with subsection B of this section that
the employee collecting benefits was hired to replace a United States
serviceman or servicewoman called into active duty and laid-off upon
the return to work by that serviceman or servicewoman. The
Unemployment Compensation Fund shall be charged with the benefit
wages of the laid-off employee.
J. If the Commission receives a notice of amounts paid as
benefits by another state under a reciprocal agreement, and the
notice is received after three (3) years from the effective date of
the underlying benefit claim, no benefit wage charge will be made
against the employer identified in the notice, or if a benefit wage
charge is made based on such a notice, the employer will be relieved
of the charge when the facts are brought to the attention of the
Commission.
K. An employer shall not be eligible to be relieved of a benefit
wage charge under paragraphs 1 and 2 of subsection G of this section
if the employer was sent a notice of benefit claim, pursuant to
Section 2-503 of this title, and failed to timely file protest to the
benefit claim.
Added by Laws 1980, c. 323, § 3-106, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 16, emerg. eff. June 25, 1981; Laws 1982, c.
150, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 270, § 10, emerg.
eff. June 23, 1983; Laws 1990, c. 333, § 5, emerg. eff. May 31, 1990;
Laws 1991, c. 120, § 1, emerg. eff. April 29, 1991; Laws 1991, c.
254, § 15, eff. July 1, 1991; Laws 1992, c. 318, § 3, eff. July 1,
1992; Laws 1995, c. 340, § 14, eff. Jan. 1, 1996; Laws 1997, c. 30, §
13, eff. July 1, 1997; Laws 1998, c. 161, § 10, eff. July 1, 1998;
Laws 2002, c. 452, § 22, eff. Nov. 1, 2002; Laws 2003, c. 177, § 6,
eff. Nov. 1, 2003; Laws 2004, c. 102, § 6, eff. Nov. 1, 2004; Laws
2005, c. 182, § 6, eff. Nov. 1, 2005; Laws 2006, c. 176, § 13, eff.
July 1, 2006; Laws 2007, c. 354, § 7, eff. Nov. 1, 2007; Laws 2009,
c. 460, § 5, eff. Nov. 1, 2009; Laws 2011, c. 256, § 12; Laws 2012,
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c. 196, § 8, emerg. eff. May 8, 2012; Laws 2015, c. 249, § 13, eff.
Nov. 1, 2015; Laws 2019, c. 251, § 8, eff. July 1, 2019.
§40-3-106.1. Relief from benefit wages charged──Addendum.
RELIEF FROM BENEFIT WAGES CHARGED - ADDENDUM.
The benefit wages charged to an employer for a given calendar
year shall be the total of the benefit wages stated in the notices
given to the employer by the Commission. Provided, that on and after
April 19, 1995, an employer's benefit wages shall not include wages
paid by the employer to any employee who was separated from his or
her employment as a direct result of a natural disaster, fire, flood,
or explosion that causes employees to be separated from one
employer's employment. The Commission shall adopt emergency rules
for immediate implementation of this section and subsequently adopt
permanent rules for review by the 1996 Legislature.
Added by Laws 1995, c. 340, § 15, emerg. eff. June 9, 1995.
§40-3-106.2. Separating employers - Relief from benefit wage
charges.
SEPARATING EMPLOYERS – RELIEF FROM BENEFIT WAGE CHARGES.
A separating employer will not be charged with benefit wages, or
will be relieved of the charge upon notification of the Oklahoma
Employment Security Commission, if the former employee who is the
subject of the charge was separated from employment under one of the
circumstances listed in subsection G of Section 3-106 of Title 40 of
the Oklahoma Statutes.
Added by Laws 2006, c. 176, § 14, eff. July 1, 2006.
§40-3-107. Benefit wage ratio.
BENEFIT WAGE RATIO.
The benefit wage ratio of each employer shall be a percentage
equal to the total of the employer's benefit wages in the experience
period divided by the employer's total taxable payroll for the
experience period on which contributions have been paid to the
Commission on or before July 31 of the calendar year immediately
preceding the year for which the tax rate is being calculated.
Added by Laws 1980, c. 323, § 3-107, eff. July 1, 1980. Amended by
Laws 2006, c. 176, § 15, eff. July 1, 2006; Laws 2016, c. 287, § 8,
eff. Nov. 1, 2016.
§40-3-108. State experience factor.
STATE EXPERIENCE FACTOR.
The total benefits paid from the Unemployment Compensation Fund
during the experience period, less all amounts credited to the Fund
other than employers' contributions, interest, penalties, fees and
interest earned on the Fund, divided by the statewide total of
benefit wages of all employers for the experience period, after
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adjustments to the nearest multiple of one percent (1%) shall be
termed the "state experience factor." The state experience factor
for any year shall be determined prior to the due date of the first
contribution payment on wages for employment in that year.
Added by Laws 1980, c. 323, § 3-108, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 13, eff. Sept. 1, 1993; Laws 2006, c. 176, § 16,
eff. July 1, 2006.
§40-3-109. Experience rate.
EXPERIENCE RATE. The contribution rate for each employer for
each calendar quarter after July 1, 2010, to be applied to the
employer’s current payroll shall be in accordance with the following
table based upon the state experience factor and his benefit wage
ratio:
When the State
Experience
Factor
Is: If the Employer's Benefit Wage Ratio Does Not Exceed:
1% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
2 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0
3 3.3 6.7 10.0 13.3 16.7 20.0 23.3 26.7 30.0 33.3
4 2.5 5.0 7.5 10.0 12.5 15.0 17.5 20.0 22.5 25.0
5 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0
6 1.7 3.3 5.0 6.7 8.3 10.0 11.7 13.3 15.0 16.7
7 1.4 2.9 4.3 5.7 7.1 8.6 10.0 11.4 12.9 14.3
8 1.3 2.5 3.8 5.0 6.3 7.5 8.8 10.0 11.3 12.5
9 1.1 2.2 3.3 4.4 5.6 6.7 7.8 8.9 10.0 11.1
10 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0
11 0.9 1.8 2.7 3.6 4.5 5.5 6.4 7.3 8.2 9.1
12 0.8 1.7 2.5 3.3 4.2 5.0 5.8 6.7 7.5 8.3
13 0.8 1.5 2.3 3.1 3.8 4.6 5.4 6.2 6.9 7.7
14 0.7 1.4 2.1 2.9 3.6 4.3 5.0 5.7 6.4 7.1
15 0.7 1.3 2.0 2.7 3.3 4.0 4.7 5.3 6.0 6.7
16 0.6 1.3 1.9 2.5 3.1 3.8 4.4 5.0 5.6 6.3
17 0.6 1.2 1.8 2.4 2.9 3.5 4.1 4.7 5.3 5.9
18 0.6 1.1 1.7 2.2 2.8 3.3 3.9 4.4 5.0 5.6
19 0.5 1.1 1.6 2.1 2.6 3.2 3.7 4.2 4.7 5.3
20 0.5 1.0 1.5 2.0 2.5 3.0 3.5 4.0 4.5 5.0
21 0.5 1.0 1.4 1.9 2.4 2.9 3.3 3.8 4.3 4.8
22 0.5 0.9 1.4 1.8 2.3 2.7 3.2 3.6 4.1 4.5
23 0.4 0.9 1.3 1.7 2.2 2.6 3.0 3.5 3.9 4.3
24 0.4 0.8 1.3 1.7 2.1 2.5 2.9 3.3 3.8 4.2
25 0.4 0.8 1.2 1.6 2.0 2.4 2.8 3.2 3.6 4.0
26 0.4 0.8 1.2 1.5 1.9 2.3 2.7 3.1 3.5 3.8
27 0.4 0.7 1.1 1.5 1.9 2.2 2.6 3.0 3.3 3.7
28 0.4 0.7 1.1 1.4 1.8 2.1 2.5 2.9 3.2 3.6
29 0.3 0.7 1.0 1.4 1.7 2.1 2.4 2.8 3.1 3.4
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30 0.3 0.7 1.0 1.3 1.7 2.0 2.3 2.7 3.0 3.3
31 0.3 0.6 1.0 1.3 1.6 1.9 2.3 2.6 2.9 3.2
32 0.3 0.6 0.9 1.3 1.6 1.9 2.2 2.5 2.8 3.1
33 0.3 0.6 0.9 1.2 1.5 1.8 2.1 2.4 2.7 3.0
34 0.3 0.6 0.9 1.2 1.5 1.8 2.1 2.4 2.6 2.9
35 0.3 0.6 0.9 1.1 1.4 1.7 2.0 2.3 2.6 2.9
36 0.3 0.6 0.8 1.1 1.4 1.7 1.9 2.2 2.5 2.8
37 0.3 0.5 0.8 1.1 1.4 1.6 1.9 2.2 2.4 2.7
38 0.3 0.5 0.8 1.1 1.3 1.6 1.8 2.1 2.4 2.6
39 0.3 0.5 0.8 1.0 1.3 1.5 1.8 2.1 2.3 2.6
40 0.3 0.5 0.8 1.0 1.3 1.5 1.8 2.0 2.3 2.5
41 0.2 0.5 0.7 1.0 1.2 1.5 1.7 2.0 2.2 2.4
42 0.2 0.5 0.7 1.0 1.2 1.4 1.7 1.9 2.1 2.4
43 0.2 0.5 0.7 0.9 1.2 1.4 1.6 1.9 2.1 2.3
44 0.2 0.5 0.7 0.9 1.1 1.4 1.6 1.8 2.0 2.3
45 0.2 0.4 0.7 0.9 1.1 1.3 1.6 1.8 2.0 2.2
46 0.2 0.4 0.7 0.9 1.1 1.3 1.5 1.7 2.0 2.2
47 0.2 0.4 0.6 0.9 1.1 1.3 1.5 1.7 1.9 2.1
48 0.2 0.4 0.6 0.8 1.0 1.3 1.5 1.7 1.9 2.1
49 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0
50 0.2 0.4 0.6 0.8 1.0 1.2 1.4 1.6 1.8 2.0
The Employer's Contribution Rate Shall Be:
0.1 0.2 0.3 0.4 0.5 0.6 0.7 0.8 0.9 1.0
When the State
Experience
Factor
Is: If the Employer's Benefit Wage Ratio Does Not Exceed:
1% 110% 120% 130% 140% 150% 160% 170% 180% 190% 200%
2 55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 95.0 100.0
3 36.7 40.0 43.3 46.7 50.0 53.3 56.7 60.0 63.3 66.7
4 27.5 30.0 32.5 35.0 37.5 40.0 42.5 45.0 47.5 50.0
5 22.0 24.0 26.0 28.0 30.0 32.0 34.0 36.0 38.0 40.0
6 18.3 20.0 21.7 23.3 25.0 26.7 28.3 30.0 31.7 33.3
7 15.7 17.1 18.6 20.0 21.4 22.9 24.3 25.7 27.1 28.6
8 13.8 15.0 16.3 17.5 18.8 20.0 21.3 22.5 23.8 25.0
9 12.2 13.3 14.4 15.6 16.7 17.8 18.9 20.0 21.1 22.2
10 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0
11 10.0 10.9 11.8 12.7 13.6 14.5 15.5 16.4 17.3 18.2
12 9.2 10.0 10.8 11.7 12.5 13.3 14.2 15.0 15.8 16.7
13 8.5 9.2 10.0 10.8 11.5 12.3 13.1 13.8 14.6 15.4
14 7.9 8.6 9.3 10.0 10.7 11.4 12.1 12.9 13.6 14.3
15 7.3 8.0 8.7 9.3 10.0 10.7 11.3 12.0 12.7 13.3
16 6.9 7.5 8.1 8.8 9.4 10.0 10.6 11.3 11.9 12.5
17 6.5 7.1 7.6 8.2 8.8 9.4 10.0 10.6 11.2 11.8
18 6.1 6.7 7.2 7.8 8.3 8.9 9.4 10.0 10.6 11.1
19 5.8 6.3 6.8 7.4 7.9 8.4 8.9 9.5 10.0 10.5
20 5.5 6.0 6.5 7.0 7.5 8.0 8.5 9.0 9.5 10.0
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21 5.2 5.7 6.2 6.7 7.1 7.6 8.1 8.6 9.0 9.5
22 5.0 5.5 5.9 6.4 6.8 7.3 7.7 8.2 8.6 9.1
23 4.8 5.2 5.7 6.1 6.5 7.0 7.4 7.8 8.3 8.7
24 4.6 5.0 5.4 5.8 6.3 6.7 7.1 7.5 7.9 8.3
25 4.4 4.8 5.2 5.6 6.0 6.4 6.8 7.2 7.6 8.0
26 4.2 4.6 5.0 5.4 5.8 6.2 6.5 6.9 7.3 7.7
27 4.1 4.4 4.8 5.2 5.6 5.9 6.3 6.7 7.0 7.4
28 3.9 4.3 4.6 5.0 5.4 5.7 6.1 6.4 6.8 7.1
29 3.8 4.1 4.5 4.8 5.2 5.5 5.9 6.2 6.6 6.9
30 3.7 4.0 4.3 4.7 5.0 5.3 5.7 6.0 6.3 6.7
31 3.5 3.9 4.2 4.5 4.8 5.2 5.5 5.8 6.1 6.5
32 3.4 3.8 4.1 4.4 4.7 5.0 5.3 5.6 5.9 6.3
33 3.3 3.6 3.9 4.2 4.5 4.8 5.2 5.5 5.8 6.1
34 3.2 3.5 3.8 4.1 4.4 4.7 5.0 5.3 5.6 5.9
35 3.1 3.4 3.7 4.0 4.3 4.6 4.9 5.1 5.4 5.7
36 3.1 3.3 3.6 3.9 4.2 4.4 4.7 5.0 5.3 5.6
37 3.0 3.2 3.5 3.8 4.1 4.3 4.6 4.9 5.1 5.4
38 2.9 3.2 3.4 3.7 3.9 4.2 4.5 4.7 5.0 5.3
39 2.8 3.1 3.3 3.6 3.8 4.1 4.4 4.6 4.9 5.1
40 2.8 3.0 3.3 3.5 3.8 4.0 4.3 4.5 4.8 5.0
41 2.7 2.9 3.2 3.4 3.7 3.9 4.1 4.4 4.6 4.9
42 2.6 2.9 3.1 3.3 3.6 3.8 4.0 4.3 4.5 4.8
43 2.6 2.8 3.0 3.3 3.5 3.7 4.0 4.2 4.4 4.7
44 2.5 2.7 3.0 3.2 3.4 3.6 3.9 4.1 4.3 4.5
45 2.4 2.7 2.9 3.1 3.3 3.6 3.8 4.0 4.2 4.4
46 2.4 2.6 2.8 3.0 3.3 3.5 3.7 3.9 4.1 4.3
47 2.3 2.6 2.8 3.0 3.2 3.4 3.6 3.8 4.0 4.3
48 2.3 2.5 2.7 2.9 3.1 3.3 3.5 3.8 4.0 4.2
49 2.2 2.4 2.7 2.9 3.1 3.3 3.5 3.7 3.9 4.1
50 2.2 2.4 2.6 2.8 3.0 3.2 3.4 3.6 3.8 4.0
The Employer's Contribution Rate Shall Be:
1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 2.0
When the State
Experience
Factor
Is: If the Employer's Benefit Wage Ratio Does Not Exceed:
1% 210% 220% 230% 240% 250% 260% 270% 280% 290% 300%
2 105.0 110.0 115.0 120.0 125.0 130.0 135.0 140.0 145.0 150.0
3 70.0 73.3 76.7 80.0 83.3 86.7 90.0 93.3 96.7 100.0
4 52.5 55.0 57.5 60.0 62.5 65.0 67.5 70.0 72.5 75.0
5 42.0 44.0 46.0 48.0 50.0 52.0 54.0 56.0 58.0 60.0
6 35.0 36.7 38.3 40.0 41.7 43.3 45.0 46.7 48.3 50.0
7 30.0 31.4 32.9 34.3 35.7 37.1 38.6 40.0 41.4 42.9
8 26.3 27.5 28.8 30.0 31.3 32.5 33.8 35.0 36.3 37.5
9 23.3 24.4 25.6 26.7 27.8 28.9 30.0 31.1 32.2 33.3
10 21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0
11 19.1 20.0 20.9 21.8 22.7 23.6 24.5 25.5 26.4 27.3
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12 17.5 18.3 19.2 20.0 20.8 21.7 22.5 23.3 24.2 25.0
13 16.2 16.9 17.7 18.5 19.2 20.0 20.8 21.5 22.3 23.1
14 15.0 15.7 16.4 17.1 17.9 18.6 19.3 20.0 20.7 21.4
15 14.0 14.7 15.3 16.0 16.7 17.3 18.0 18.7 19.3 20.0
16 13.1 13.8 14.4 15.0 15.6 16.3 16.9 17.5 18.1 18.8
17 12.4 12.9 13.5 14.1 14.7 15.3 15.9 16.5 17.1 17.6
18 11.7 12.2 12.8 13.3 13.9 14.4 15.0 15.6 16.1 16.7
19 11.1 11.6 12.1 12.6 13.2 13.7 14.2 14.7 15.3 15.8
20 10.5 11.0 11.5 12.0 12.5 13.0 13.5 14.0 14.5 15.0
21 10.0 10.5 11.0 11.4 11.9 12.4 12.9 13.3 13.8 14.3
22 9.5 10.0 10.5 10.9 11.4 11.8 12.3 12.7 13.2 13.6
23 9.1 9.6 10.0 10.4 10.9 11.3 11.7 12.2 12.6 13.0
24 8.8 9.2 9.6 10.0 10.4 10.8 11.3 11.7 12.1 12.5
25 8.4 8.8 9.2 9.6 10.0 10.4 10.8 11.2 11.6 12.0
26 8.1 8.5 8.8 9.2 9.6 10.0 10.4 10.8 11.2 11.5
27 7.8 8.1 8.5 8.9 9.3 9.6 10.0 10.4 10.7 11.1
28 7.5 7.9 8.2 8.6 8.9 9.3 9.6 10.0 10.4 10.7
29 7.2 7.6 7.9 8.3 8.6 9.0 9.3 9.7 10.0 10.3
30 7.0 7.3 7.7 8.0 8.3 8.7 9.0 9.3 9.7 10.0
31 6.8 7.1 7.4 7.7 8.1 8.4 8.7 9.0 9.4 9.7
32 6.6 6.9 7.2 7.5 7.8 8.1 8.4 8.8 9.1 9.4
33 6.4 6.7 7.0 7.3 7.6 7.9 8.2 8.5 8.8 9.1
34 6.2 6.5 6.8 7.1 7.4 7.6 7.9 8.2 8.5 8.8
35 6.0 6.3 6.6 6.9 7.1 7.4 7.7 8.0 8.3 8.6
36 5.8 6.1 6.4 6.7 6.9 7.2 7.5 7.8 8.1 8.3
37 5.7 5.9 6.2 6.5 6.8 7.0 7.3 7.6 7.8 8.1
38 5.5 5.8 6.1 6.3 6.6 6.8 7.1 7.4 7.6 7.9
39 5.4 5.6 5.9 6.2 6.4 6.7 6.9 7.2 7.4 7.7
40 5.3 5.5 5.8 6.0 6.3 6.5 6.8 7.0 7.3 7.5
41 5.1 5.4 5.6 5.9 6.1 6.3 6.6 6.8 7.1 7.3
42 5.0 5.2 5.5 5.7 6.0 6.2 6.4 6.7 6.9 7.1
43 4.9 5.1 5.3 5.6 5.8 6.0 6.3 6.5 6.7 7.0
44 4.8 5.0 5.2 5.5 5.7 5.9 6.1 6.4 6.6 6.8
45 4.7 4.9 5.1 5.3 5.6 5.8 6.0 6.2 6.4 6.7
46 4.6 4.8 5.0 5.2 5.4 5.7 5.9 6.1 6.3 6.5
47 4.5 4.7 4.9 5.1 5.3 5.5 5.7 6.0 6.2 6.4
48 4.4 4.6 4.8 5.0 5.2 5.4 5.6 5.8 6.0 6.3
49 4.3 4.5 4.7 4.9 5.1 5.3 5.5 5.7 5.9 6.1
50 4.2 4.4 4.6 4.8 5.0 5.2 5.4 5.6 5.8 6.0
The Employer's Contribution Rate Shall Be:
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 3.0
When the State
Experience
Factor
Is: If the Employer's Benefit Wage Ratio Does Not Exceed:
1% 310% 320% 330% 340% 350% 360% 370% 380% 390% 400%
2 155.0 160.0 165.0 170.0 175.0 180.0 185.0 190.0 195.0 200.0
@(+**#**( )%
3 103.3 106.7 110.0 113.3 116.7 120.0 123.3 126.7 130.0 133.3
4 77.5 80.0 82.5 85.0 87.5 90.0 92.5 95.0 97.5 100.0
5 62.0 64.0 66.0 68.0 70.0 72.0 74.0 76.0 78.0 80.0
6 51.7 53.3 55.0 56.7 58.3 60.0 61.7 63.3 65.0 66.7
7 44.3 45.7 47.1 48.6 50.0 51.4 52.9 54.3 55.7 57.1
8 38.8 40.0 41.3 42.5 43.8 45.0 46.3 47.5 48.8 50.0
9 34.4 35.6 36.7 37.8 38.9 40.0 41.1 42.2 43.3 44.4
10 31.0 32.0 33.0 34.0 35.0 36.0 37.0 38.0 39.0 40.0
11 28.2 29.1 30.0 30.9 31.8 32.7 33.6 34.5 35.5 36.4
12 25.8 26.7 27.5 28.3 29.2 30.0 30.8 31.7 32.5 33.3
13 23.8 24.6 25.4 26.2 26.9 27.7 28.5 29.2 30.0 30.8
14 22.1 22.9 23.6 24.3 25.0 25.7 26.4 27.1 27.9 28.6
15 20.7 21.3 22.0 22.7 23.3 24.0 24.7 25.3 26.0 26.7
16 19.4 20.0 20.6 21.3 21.9 22.5 23.1 23.8 24.4 25.0
17 18.2 18.8 19.4 20.0 20.6 21.2 21.8 22.4 22.9 23.5
18 17.2 17.8 18.3 18.9 19.4 20.0 20.6 21.1 21.7 22.2
19 16.3 16.8 17.4 17.9 18.4 18.9 19.5 20.0 20.5 21.1
20 15.5 16.0 16.5 17.0 17.5 18.0 18.5 19.0 19.5 20.0
21 14.8 15.2 15.7 16.2 16.7 17.1 17.6 18.1 18.6 19.0
22 14.1 14.5 15.0 15.5 15.9 16.4 16.8 17.3 17.7 18.2
23 13.5 13.9 14.3 14.8 15.2 15.7 16.1 16.5 17.0 17.4
24 12.9 13.3 13.8 14.2 14.6 15.0 15.4 15.8 16.3 16.7
25 12.4 12.8 13.2 13.6 14.0 14.4 14.8 15.2 15.6 16.0
26 11.9 12.3 12.7 13.1 13.5 13.8 14.2 14.6 15.0 15.4
27 11.5 11.9 12.2 12.6 13.0 13.3 13.7 14.1 14.4 14.8
28 11.1 11.4 11.8 12.1 12.5 12.9 13.2 13.6 13.9 14.3
29 10.7 11.0 11.4 11.7 12.1 12.4 12.8 13.1 13.4 13.8
30 10.3 10.7 11.0 11.3 11.7 12.0 12.3 12.7 13.0 13.3
31 10.0 10.3 10.6 11.0 11.3 11.6 11.9 12.3 12.6 12.9
32 9.7 10.0 10.3 10.6 10.9 11.3 11.6 11.9 12.2 12.5
33 9.4 9.7 10.0 10.3 10.6 10.9 11.2 11.5 11.8 12.1
34 9.1 9.4 9.7 10.0 10.3 10.6 10.9 11.2 11.5 11.8
35 8.9 9.1 9.4 9.7 10.0 10.3 10.6 10.9 11.1 11.4
36 8.6 8.9 9.2 9.4 9.7 10.0 10.3 10.6 10.8 11.1
37 8.4 8.6 8.9 9.2 9.5 9.7 10.0 10.3 10.5 10.8
38 8.2 8.4 8.7 8.9 9.2 9.5 9.7 10.0 10.3 10.5
39 7.9 8.2 8.5 8.7 9.0 9.2 9.5 9.7 10.0 10.3
40 7.8 8.0 8.3 8.5 8.8 9.0 9.3 9.5 9.8 10.0
41 7.6 7.8 8.0 8.3 8.5 8.8 9.0 9.3 9.5 9.8
42 7.4 7.6 7.9 8.1 8.3 8.6 8.8 9.0 9.3 9.5
43 7.2 7.4 7.7 7.9 8.1 8.4 8.6 8.8 9.1 9.3
44 7.0 7.3 7.5 7.7 8.0 8.2 8.4 8.6 8.9 9.1
45 6.9 7.1 7.3 7.6 7.8 8.0 8.2 8.4 8.7 8.9
46 6.7 7.0 7.2 7.4 7.6 7.8 8.0 8.3 8.5 8.7
47 6.6 6.8 7.0 7.2 7.4 7.7 7.9 8.1 8.3 8.5
48 6.5 6.7 6.9 7.1 7.3 7.5 7.7 7.9 8.1 8.3
49 6.3 6.5 6.7 6.9 7.1 7.3 7.6 7.8 8.0 8.2
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50 6.2 6.4 6.6 6.8 7.0 7.2 7.4 7.6 7.8 8.0
The Employer's Contribution Rate Shall Be:
3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 4.0
When the State
Experience
Factor
Is: If the Employer's Benefit Wage Ratio Does Not Exceed:
1% 410% 420% 430% 440% 450% 460% 470% 480% 490% 500%
2 205.0 210.0 215.0 220.0 225.0 230.0 235.0 240.0 245.0 250.0
3 136.7 140.0 143.3 146.7 150.0 153.3 156.7 160.0 163.3 166.7
4 102.5 105.0 107.5 110.0 112.5 115.0 117.5 120.0 122.5 125.0
5 82.0 84.0 86.0 88.0 90.0 92.0 94.0 96.0 98.0 100.0
6 68.3 70.0 71.7 73.3 75.0 76.7 78.3 80.0 81.7 83.3
7 58.6 60.0 61.4 62.9 64.3 65.7 67.1 68.6 70.0 71.4
8 51.3 52.5 53.8 55.0 56.3 57.5 58.8 60.0 61.3 62.5
9 45.6 46.7 47.8 48.9 50.0 51.1 52.2 53.3 54.4 55.6
10 41.0 42.0 43.0 44.0 45.0 46.0 47.0 48.0 49.0 50.0
11 37.3 38.2 39.1 40.0 40.9 41.8 42.7 43.6 44.5 45.5
12 34.2 35.0 35.8 36.7 37.5 38.3 39.2 40.0 40.8 41.7
13 31.5 32.3 33.1 33.8 34.6 35.4 36.2 36.9 37.7 38.5
14 29.3 30.0 30.7 31.4 32.1 32.9 33.6 34.3 35.0 35.7
15 27.3 28.0 28.7 29.3 30.0 30.7 31.3 32.0 32.7 33.3
16 25.6 26.3 26.9 27.5 28.1 28.8 29.4 30.0 30.6 31.3
17 24.1 24.7 25.3 25.9 26.5 27.1 27.6 28.2 28.8 29.4
18 22.8 23.3 23.9 24.4 25.0 25.6 26.1 26.7 27.2 27.8
19 21.6 22.1 22.6 23.2 23.7 24.2 24.7 25.3 25.8 26.3
20 20.5 21.0 21.5 22.0 22.5 23.0 23.5 24.0 24.5 25.0
21 19.5 20.0 20.5 21.0 21.4 21.9 22.4 22.9 23.3 23.8
22 18.6 19.1 19.5 20.0 20.5 20.9 21.4 21.8 22.3 22.7
23 17.8 18.3 18.7 19.1 19.6 20.0 20.4 20.9 21.3 21.7
24 17.1 17.5 17.9 18.3 18.8 19.2 19.6 20.0 20.4 20.8
25 16.4 16.8 17.2 17.6 18.0 18.4 18.8 19.2 19.6 20.0
26 15.8 16.2 16.5 16.9 17.3 17.7 18.1 18.5 18.8 19.2
27 15.2 15.6 15.9 16.3 16.7 17.0 17.4 17.8 18.1 18.5
28 14.6 15.0 15.4 15.7 16.1 16.4 16.8 17.1 17.5 17.9
29 14.1 14.5 14.8 15.2 15.5 15.9 16.2 16.6 16.9 17.2
30 13.7 14.0 14.3 14.7 15.0 15.3 15.7 16.0 16.3 16.7
31 13.2 13.5 13.9 14.2 14.5 14.8 15.2 15.5 15.8 16.1
32 12.8 13.1 13.4 13.8 14.1 14.4 14.7 15.0 15.3 15.6
33 12.4 12.7 13.0 13.3 13.6 13.9 14.2 14.5 14.8 15.2
34 12.1 12.4 12.6 12.9 13.2 13.5 13.8 14.1 14.4 14.7
35 11.7 12.0 12.3 12.6 12.9 13.1 13.4 13.7 14.0 14.3
36 11.4 11.7 11.9 12.2 12.5 12.8 13.1 13.3 13.6 13.9
37 11.1 11.4 11.6 11.9 12.2 12.4 12.7 13.0 13.2 13.5
38 10.8 11.1 11.3 11.6 11.8 12.1 12.4 12.6 12.9 13.2
39 10.5 10.8 11.0 11.3 11.5 11.8 12.1 12.3 12.6 12.8
40 10.3 10.5 10.8 11.0 11.3 11.5 11.8 12.0 12.3 12.5
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41 10.0 10.2 10.5 10.7 11.0 11.2 11.5 11.7 12.0 12.2
42 9.8 10.0 10.2 10.5 10.7 11.0 11.2 11.4 11.7 11.9
43 9.5 9.8 10.0 10.2 10.5 10.7 10.9 11.2 11.4 11.6
44 9.3 9.5 9.8 10.0 10.2 10.5 10.7 10.9 11.1 11.4
45 9.1 9.3 9.6 9.8 10.0 10.2 10.4 10.7 10.9 11.1
46 8.9 9.1 9.3 9.6 9.8 10.0 10.2 10.4 10.7 10.9
47 8.7 8.9 9.1 9.4 9.6 9.8 10.0 10.2 10.4 10.6
48 8.5 8.8 9.0 9.2 9.4 9.6 9.8 10.0 10.2 10.4
49 8.4 8.6 8.8 9.0 9.2 9.4 9.6 9.8 10.0 10.2
50 8.2 8.4 8.6 8.8 9.0 9.2 9.4 9.6 9.8 10.0
The Employer's Contribution Rate Shall Be:
4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 5.0
When the State
Experience
Factor
Is: If the Employer's Benefit Wage Ratio Does Not Exceed:
1% 510% 520% 530% 540%
2 255.0 260.0 265.0 270.0
3 170.0 173.3 176.7 180.0
4 127.5 130.0 132.5 135.0
5 102.0 104.0 106.0 108.0
6 85.0 86.7 88.3 90.0
7 72.9 74.3 75.7 77.1
8 63.8 65.0 66.3 67.5
9 56.7 57.8 58.9 60.0
10 51.0 52.0 53.0 54.0
11 46.4 47.3 48.2 49.1
12 42.5 43.3 44.2 45.0
13 39.2 40.0 40.8 41.5
14 36.4 37.1 37.9 38.6
15 34.0 34.7 35.3 36.0
16 31.9 32.5 33.1 33.8
17 30.0 30.6 31.2 31.8
18 28.3 28.9 29.4 30.0
19 26.8 27.4 27.9 28.4
20 25.5 26.0 26.5 27.0
21 24.3 24.8 25.2 25.7
22 23.2 23.6 24.1 24.5
23 22.2 22.6 23.0 23.5
24 21.3 21.7 22.1 22.5
25 20.4 20.8 21.2 21.6
26 19.6 20.0 20.4 20.8
27 18.9 19.3 19.6 20.0
28 18.2 18.6 18.9 19.3
29 17.6 17.9 18.3 18.6
30 17.0 17.3 17.7 18.0
31 16.5 16.8 17.1 17.4
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32 15.9 16.3 16.6 16.9
33 15.5 15.8 16.1 16.4
34 15.0 15.3 15.6 15.9
35 14.6 14.9 15.1 15.4
36 14.2 14.4 14.7 15.0
37 13.8 14.1 14.3 14.6
38 13.4 13.7 13.9 14.2
39 13.1 13.3 13.6 13.8
40 12.8 13.0 13.3 13.5
41 12.4 12.7 12.9 13.2
42 12.1 12.4 12.6 12.9
43 11.9 12.1 12.3 12.6
44 11.6 11.8 12.0 12.3
45 11.3 11.6 11.8 12.0
46 11.1 11.3 11.5 11.7
47 10.9 11.1 11.3 11.5
48 10.6 10.8 11.0 11.3
49 10.4 10.6 10.8 11.0
50 10.2 10.4 10.6 10.8
The Employer's Contribution Rate Shall Be:
5.1 5.2 5.3 5.4
If the employer's benefit wage ratio exceeds the amount in the
last column of the table on the line for the current year's state
experience factor, his contribution rate shall be five and five-
tenths percent (5.5%).
Added by Laws 1980, c. 323, § 3-109, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 11, emerg. eff. June 23, 1983; Laws 1986, c.
205, § 7, emerg. eff. June 6, 1986; Laws 2010, c. 216, § 10, eff.
July 1, 2010.
§40-3-109.1. Rate reduction.
RATE REDUCTION. Notwithstanding the provisions of Sections 3-
103, 3-109, 3-110 and 3-113 of this title, for the time period
beginning July 1, 1998, and ending December 31, 2001, the
contribution rate assigned to an employer shall be reduced by fifty
percent (50%); provided: the tax rate of employers assigned a tax
rate pursuant to Sections 3-103 and 3-110 of this title shall not be
reduced to less than one percent (1%); employers who qualify for an
earned rate calculated pursuant to Section 3-109 of this title, and
are given a rate of five and one-half percent (5.5%) shall be reduced
to no less than five and four-tenths percent (5.4%); and employers
who qualify for an earned rate calculated pursuant to Section 3-109
of this title, and are given a rate of one-tenth of one percent
(0.1%), shall be reduced to a rate of zero percent (0.0%).
Added by Laws 1997, c. 30, § 14, eff. July 1, 1997. Amended by Laws
1998, c. 161, § 11, eff. July 1, 1998; Laws 1999, c. 382, § 1, eff.
July 1, 1999.
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§40-3-109.2. Rate reduction for computer fund assessment.
RATE REDUCTION FOR COMPUTER FUND ASSESSMENT.
Notwithstanding the provisions of Sections 3-103, 3-109, 3-110,
and 3-113 of Title 40 of the Oklahoma Statutes, for the time period
beginning July 1, 1997, and ending June 30, 1998, the contribution
rate assigned to an employer shall be reduced by fifty percent (50%).
Provided, the tax rate of employers assigned a tax rate pursuant to
Sections 3-103 and 3-110 of Title 40 of the Oklahoma Statutes shall
not be reduced to less than one percent (1%). Provided further,
employers who qualify for an earned rate calculated pursuant to
Section 3-109 of Title 40 of the Oklahoma Statutes, and are given a
rate of five and one-half percent (5.5%), shall not be eligible for
the rate reduction provided for in this section.
Added by Laws 1997, c. 391, § 3, eff. July 1, 1997.
§40-3-109.3. Rate reduction for technology reinvestment
apportionment.
RATE REDUCTION FOR TECHNOLOGY REINVESTMENT APPORTIONMENT.
Notwithstanding the provisions of Sections 3-109, 3-110.1 and 3-
113 of Title 40 of the Oklahoma Statutes, for the time period
beginning January 1, 2018, and ending December 31, 2022, the tax rate
computed for or assigned to an employer shall be reduced by five
percent (5%). Provided, the tax rate of employers assigned a tax
rate pursuant to Section 3-110.1 of Title 40 of the Oklahoma Statutes
shall not be reduced to less than one percent (1%). Provided
further, employers who qualify for an earned tax rate calculated
pursuant to Section 3-109 of Title 40 of the Oklahoma Statutes, and
are given the highest tax rate in the rate table for the given year,
shall not be eligible for the rate reduction provided for in this
section.
Added by Laws 2017, c. 345, § 8, eff. July 1, 2017.
§40-3-110. Repealed by Laws 2015, c. 249, § 20, eff. Nov. 1, 2015.
§40-3-110.1. Unemployment tax rate.
UNEMPLOYMENT TAX RATE.
Each employer, unless otherwise prescribed in Section 3-111.1, 3-
701 or 3-801 of this title, shall pay unemployment tax as follows:
1. All employers shall have an assigned tax rate of one and one-
half percent (1.5%) until sufficient experience history exists in the
employer's account to meet the At-Risk Rule set out in paragraph 3 of
this section. If the account meets the At-Risk Rule, the employer
will qualify for an earned tax rate calculated pursuant to the
provisions of Part 1 of Article III of the Employment Security Act of
1980;
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2. If an employer qualified for an earned tax rate under
paragraph 1 of this section, or under a prior law, and at the time
the employer's tax rate is being determined for a subsequent year the
employer account lacks sufficient experience history to meet the At-
Risk Rule of paragraph 3 of this section, the employer shall revert
to the assigned tax rate of one and one-half percent (1.5%). The
employer shall pay at the assigned tax rate until the provisions of
paragraph 1 of this section are met; and
3. "At-Risk Rule" means an employer is required to be at-risk
for a claim of unemployment benefits before an earned tax rate is
calculated. An employer shall meet the At-Risk Rule and be eligible
for an earned tax rate if, throughout the calendar year immediately
preceding the year for which the employer's tax rate is being
determined, there was an individual who could have filed a claim for
unemployment benefits in each quarter of that year establishing a
base period, as defined by Section 1-202 of this title, which would
include wages from that employer.
Added by Laws 2015, c. 249, § 14, eff. Nov. 1, 2015. Amended by Laws
2016, c. 287, § 9, eff. Nov. 1, 2016.
§40-3-111. Repealed by Laws 2016, c. 287, § 14, eff. Nov. 1, 2016.
§40-3-111.1. Successor and predecessor employers - Special rules on
transfer of rates and experience.
SUCCESSOR AND PREDECESSOR EMPLOYERS - SPECIAL RULES ON TRANSFER
OF RATES AND EXPERIENCE.
A. Notwithstanding any other provision of law, the following
shall apply regarding assignments of rates and transfers of
experience:
1. If an employer transfers its trade or business, or a separate
and distinct establishment, or unit thereof, to another employer or
an entity that does not meet the definition of an employer at the
time of the transfer and there is substantially common ownership,
management or control of the two employers or entities at the time of
the transfer, then the experience rating account attributable to the
transferred trade or business shall be combined with the experience
rating account of the employer to whom such business is so
transferred. The employer transferring its trade or business shall
be the predecessor employer and the employer or entity acquiring the
transferred trade or business shall be the successor employer. The
successor employer shall acquire the experience rating account of the
predecessor employer, including the predecessor's actual tax and
benefit experience, annual payrolls and tax rate. The successor
employer shall also become jointly and severally liable with the
predecessor employer for all current or delinquent taxes, interest,
penalties and fees owed to the Oklahoma Employment Security
Commission by the predecessor employer. In the case of the transfer
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of a separate and distinct establishment or unit within the
predecessor employer, the successor employer shall acquire that
portion of the items identified above that relate to the
establishment or unit acquired or its pro-rata share; and
2. Whenever a person who is not an employer under the Employment
Security Act of 1980 at the time it acquires the trade or business of
an employer, the experience rating account of the acquired business
shall not be transferred to that person if the Commission finds that
the person acquired the business solely or primarily for the purpose
of obtaining a lower tax rate. Instead, the person shall be assigned
a tax rate under Section 3-110.1 of this title. In determining
whether the business was acquired solely or primarily for the purpose
of obtaining a lower tax rate, the Commission shall examine objective
factors which may include the cost of acquiring the business, whether
the person continued the business enterprise of the acquired
business, how long the business enterprise was continued, or whether
a substantial number of new employees were hired for performance of
duties unrelated to the business activity conducted prior to
acquisition.
B. 1. If a person knowingly violates or attempts to violate
paragraph 1 or 2 of subsection A of this section or any other
provision of the Employment Security Act of 1980 related to
determining the assignment of the tax rate, or if a person knowingly
advises another person in a way that results in a violation of such
provision, the person shall be subject to the following penalties:
a. if the person is an employer, then the employer shall
be assessed a penalty equal to ten percent (10%) of the
actual taxes due in the calendar quarter in which the
employer violated or attempted to violate the
provisions of this section and a penalty equal to ten
percent (10%) of the actual taxes due in each of the
following three (3) calendar quarters. The funds in
payment of this penalty shall be deposited in the
Oklahoma Employment Security Commission Revolving Fund
established under Section 4-901 of this title,
b. if the person is not an employer, the person shall be
subject to a civil money penalty of at least One
Hundred Dollars ($100.00) and not more than Five
Thousand Dollars ($5,000.00) to be determined by the
Assessment Board of the Oklahoma Employment Security
Commission. Any fine shall be deposited in the
Oklahoma Employment Security Commission Revolving Fund
established under Section 4-901 of this title.
2. For purposes of this section, the term "knowingly" means
having actual knowledge of or acting with deliberate ignorance or
reckless disregard for the prohibition involved.
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3. For the purposes of this section, the term "violates or
attempts to violate" includes, but is not limited to, intent to
evade, misrepresentation or willful nondisclosure.
4. In addition to the penalty imposed by paragraph 1 of this
subsection, any person who violates the provisions of this section
shall be guilty of a misdemeanor and may be imprisoned for up to one
(1) year.
C. The Commission shall establish procedures to identify the
transfer or acquisition of a business for purposes of this section.
D. For purposes of this section:
1. "Person" has the meaning given such term by 26 U.S.C.,
Section 7701(a)(1); and
2. "Trade or business" shall include the employer's workforce.
E. This section shall be interpreted and applied in such a
manner as to meet the minimum requirements contained in any guidance
or regulations issued by the United States Department of Labor.
Added by Laws 2005, c. 182, § 8, eff. Nov. 1, 2005. Amended by Laws
2013, c. 71, § 10, eff. Nov. 1, 2013; Laws 2016, c. 287, § 10, eff.
Nov. 1, 2016.
§40-3-112. Repealed by Laws 2015, c. 249, § 20, eff. Nov. 1, 2015.
§40-3-113. Conditional factors.
CONDITIONAL FACTORS.
For each calendar year commencing after December 31, 2006, except
for those employers with a benefit wage ratio of zero (0) and as
otherwise provided in this section, the contribution rate for each
employer for the calendar year shall be increased, in the
circumstances and in the amounts as follows:
(1) - Condition "a" - If the balance of the unemployment
compensation fund is less than three and one-half (3 1/2) times, but
not less than three (3) times, the net benefits paid for the most
recent twenty (20) consecutive completed calendar quarters divided by
five (5), on July 1 of any given year, the contribution rate for the
next calendar year for each employer whose benefit wage ratio with
respect to that year is zero percent (0%) shall be increased by one-
tenth of one percent (1/10 of 1%) of wages paid by the employer
during the year; the contribution rate for each employer whose
benefit rate wage ratio with respect to that year is more than zero
percent (0%), but not more than one-tenth of one percent (1/10 of
1%), shall be increased by two-tenths of one percent (2/10 of 1%) of
wages paid by the employer during the year and the contribution rate
for each employer whose benefit wage ratio with respect to that year
is more than one-tenth of one percent (1/10 of 1%), shall be
increased by three-tenths of one percent (3/10 of 1%) of wages paid
by the employer during that year.
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(2) - Condition "b" - If the balance of the unemployment
compensation fund is less than three (3) times, but not less than two
and one-half (2 1/2) times, the net benefits paid for the most recent
twenty (20) consecutive completed calendar quarters divided by five
(5), as of July 1 of any given year, the contribution rate for the
next calendar year for each employer shall be increased by thirty-
three and one-third percent (33 1/3%) of the rate; provided that the
total rate, if not a multiple of one-tenth of one percent (1/10 of
1%), shall be computed to the next higher multiple of one-tenth of
one percent (1/10 of 1%) of wages paid by the employer during that
year; provided, further, that the contribution rate for each employer
whose benefit wage ratio with respect to that year is zero percent
(0%) shall be increased by two-tenths of one percent (2/10 of 1%) of
wages paid by the employer during that year; the contribution rate
for each employer whose benefit wage ratio with respect to that year
is more than zero percent (0%), but not more than one-tenth of one
percent (1/10 of 1%), shall be increased by three-tenths of one
percent (3/10 of 1%) of wages paid by the employer during that year;
and the contribution rate for each employer whose benefit wage ratio
with respect to that year is more than one-tenth of one percent (1/10
of 1%), shall be increased by at least four-tenths of one percent
(4/10 of 1%) of wages paid by the employer during that year.
(3) - Condition “c” - If the balance of the unemployment
compensation fund is less than two and one-half (2 1/2) times, but
not less than two (2) times, the net benefits paid for the most
recent twenty (20) consecutive completed calendar quarters divided by
five (5), as of July 1 of any given year, the contribution rate for
the next calendar year for each employer shall be increased by one-
half (1/2) of that rate; provided that the total rate, if not a
multiple of one-tenth of one percent (1/10 of 1%), shall be computed
to the next higher multiple of one-tenth of one percent (1/10 of 1%)
of wages paid by the employer during that year; provided, further,
that the contribution rate for each employer whose benefit wage ratio
with respect to that year is zero percent (0%) shall be increased by
three-tenths of one percent (3/10 of 1%) of wages paid by the
employer during that year; the contribution rate for each employer
whose benefit wage ratio with respect to that year is more than zero
percent (0%), but not more than one-tenth of one percent (1/10 of
1%), shall be increased by four-tenths of one percent (4/10 of 1%) of
wages paid by the employer during that year; and the contribution
rate for each employer whose benefit wage ratio with respect to that
year is more than one-tenth of one percent (1/10 of 1%), shall be
increased by at least five-tenths of one percent (5/10 of 1%) of
wages paid by the employer during that year.
(4) - Condition “d” - If the balance of the unemployment
compensation fund is less than two (2) times the net benefits paid
for the most recent twenty (20) consecutive completed calendar
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quarters divided by five (5), as of July 1 of any given year, the
contribution rate for the next calendar year for each employer shall
be increased by sixty-six and two-thirds percent (66 2/3 %) of the
rate; provided that the total rate, if not a multiple of one-tenth of
one percent (1/10 of 1%) shall be computed to the next higher
multiple of one-tenth of one percent (1/10 of 1%) of wages paid by
the employer during that year; provided, further, that the
contribution rate for each employer whose benefit wage ratio with
respect to that year is zero percent (0%) shall be increased by four-
tenths of one percent (4/10 of 1%) of wages paid by the employer
during that year; the contribution rate for each employer whose
benefit wage ratio with respect to that year is more than zero
percent (0%), but not more than one-tenth of one percent (1/10 of
1%), shall be increased by five-tenths of one percent (5/10 of 1%) of
wages paid by the employer during that year; the contribution rate
for each employer whose benefit wage ratio with respect to that year
is more than one-tenth of one percent (1/10 of 1%), shall be
increased by at least six-tenths of one percent (6/10 of 1%) of wages
paid by the employer during that year.
(5) The contribution rate, excluding any surcharge, for an
employer whose contribution rate is three and four-tenths percent
(3.4%) or more shall not be increased by more than two (2) percentage
points in any one (1) year. The contribution rate, excluding any
surcharge, for an employer whose contribution rate is less than three
and four-tenths percent (3.4%) shall not be increased to more than
five and four-tenths percent (5.4%) in one (1) year.
For the purposes of this section “net benefits paid for the most
recent twenty (20) consecutive completed calendar quarters” means the
total amount of monies withdrawn from this state’s account in the
unemployment trust fund in the United States Treasury for each of the
most recent twenty (20) consecutive completed calendar quarters, plus
the balance in the benefit account at the start of the period, less
the balance in the benefit account at the end of the period. The
contribution rate for those employers with a benefit wage ratio of
zero (0) shall be two-tenths of one percent (2/10 of 1%) during those
years when the fund is in conditions “a”, “b”, and “c”, and shall be
three-tenths of one percent (3/10 of 1%) during those years when the
fund is in condition “d”.
(6) Beginning January 1, 1996, except for this paragraph and
paragraph (7) of this section, the provisions of this section shall
be suspended until the Unemployment Trust Fund reaches a High Cost
Multiple of one and one-fourth (1 1/4). The Oklahoma Employment
Security Commission shall determine the High Cost Multiple at the end
of each calendar year and shall include the result of its computation
in a regularly published periodical together with other employment-
related data. As used in this section, "High Cost Multiple" shall be
a figure computed as follows:
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(a) first, net fund reserves in the Unemployment
Compensation Fund as of the date of each computation
required by this section shall be divided by total
wages earned in insured employment for the twelve (12)
months preceding the date of the quarterly High Cost
Multiple computation,
(b) second, the result of the computation from subparagraph
(a) of this paragraph shall be divided by a figure
which is a quotient derived from the computation of the
High-Cost Rate contained in subparagraph (c) of this
paragraph, and
(c) third, the highest ratio of total state benefit
payments experienced previously in any twelve (12)
consecutive months to total wages earned in insured
employment for the same period shall be the High-Cost
Rate.
The result of all computations contained in subparagraphs (a)
through (c) of this paragraph, performed in the sequence as specified
in this section, shall be known as the High Cost Multiple;
(7) Prior to the beginning of each calendar year, the Commission
shall prepare an estimate of the financial condition of the trust
fund. If the estimate for the year shows the balance, at any time
during the year, will fall below the High Cost Multiple as defined in
paragraph (6) of this section, then the Commission shall reinstate
the suspended provisions of this section.
Added by Laws 1980, c. 323, § 3-113, eff. July 1, 1980. Amended by
Laws 1983, c. 270, § 12, emerg. eff. June 23, 1983; Laws 1986, c.
205, § 8, emerg. eff. June 6, 1986; Laws 1987, c. 10, § 3, emerg.
eff. March 31, 1987; Laws 1995, c. 340, § 18, eff. Jan. 1, 1996; Laws
2006, c. 176, § 18, eff. July 1, 2006.
§40-3-114. Estimate of Financial Condition of Fund - Surcharge.
ESTIMATE OF FINANCIAL CONDITION OF FUND - SURCHARGE. Prior to
the beginning of each calendar quarter, the Commission shall prepare
an estimate of the financial condition of the fund for the quarter.
Effective July 1, 1992, if the estimate for any quarter shows a
balance at any time during the quarter of less than Twenty-five
Million Dollars ($25,000,000.00), the Commission shall assess and
collect a surcharge for that calendar quarter in an amount sufficient
to keep the balance at Twenty-five Million Dollars ($25,000,000.00).
The surcharge shall be charged to each employer in proportion to
the employer's total tax liability as of the last completed quarter
for the current calendar year and shall not exceed thirty-three and
one-third percent (33 1/3%) per taxable year.
Added by Laws 1983, c. 270, § 14, emerg. eff. June 23, 1983. Amended
by Laws 1986, c. 205, § 9, emerg. eff. June 6, 1986; Laws 1992, c.
318, § 4, eff. July 1, 1992.
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§40-3-115. Appeal of determinations.
APPEAL OF DETERMINATIONS.
A. If a determination is made by the Oklahoma Employment
Security Commission on any aspect of an employer's account, and a
method of appeal or protest of the determination is not set out in
the statute or rule under which the determination was made, the
employer may appeal or protest the determination under the procedure
set forth in subsection B of this section.
B. 1. All determinations affecting an employer account must be
made by the Commission in writing in a Notice of Determination and
mailed to the employer at the employer's last-known address with the
mailing date and appeal rights set out in the document. If the
employer has elected to be notified by electronic means according to
procedures set out in Oklahoma Employment Security Commission rules,
notice shall be deemed to be given when the Commission transmits the
notification by electronic means.
2. Within twenty (20) days after the mailing or transmission of
the Notice of Determination as provided for in paragraph 1 of this
subsection, the employer may file with the Commission, or its
representative, a written request for a review and redetermination
setting forth the employer's reasons therefor. If any employer fails
to file a written request for review and redetermination within
twenty (20) days without good cause, then the initial determination
of the Commission shall be final, and no further appeal or protest
shall be allowed.
3. If a written request for review and redetermination is filed,
the Commission shall provide for a review and issue a Notice of
Redetermination in the matter. The employer may appeal the
redetermination by filing a written protest within twenty (20) days
of the date of the mailing of the Notice of Redetermination. If the
employer fails to file a written protest within twenty (20) days
without good cause, the redetermination of the Commission shall be
final and no further appeal or protest shall be allowed.
4. Upon the timely filing of a written protest, the Commission
shall provide for an oral hearing de novo to allow the employer to
present evidence in support of the protest. The Commission or its
representatives shall, by written notice, advise the employer of the
date of the hearing, which shall not be less than ten (10) days from
the date of the mailing of the written notice. At the discretion of
the Commission, this hearing shall be conducted by the Commission, or
by a representative appointed by the Commission for this purpose.
The appealing party shall bear the initial burden of proof at the
hearing.
5. Pursuant to the hearing, the Commission or its representative
shall, as soon as practicable, make a written order setting forth its
findings of fact and conclusions of law, and shall mail it to the
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employer at the employer's last-known address with the mailing date
and appeal rights set out in the document.
6. The employer or the Commission may appeal the order to the
district court of the county in which the employer has its principal
place of business by filing a Petition for Review with the clerk of
the court within thirty (30) days after the date the order was mailed
to all parties. If the employer does not have a principal place of
business in any county in Oklahoma, then the Petition for Review
shall be filed with the Oklahoma County District Court. All appeals
shall be governed by Part 4 of Article 3 of the Employment Security
Act of 1980. If the employer fails to file an appeal to the district
court within the time allowed, the order shall be final and no
further appeal shall be allowed.
C. Untimely requests for review and redetermination pursuant to
paragraph 2 of subsection B of this section and written protests for
appeals filed pursuant to paragraph 3 of subsection B of this section
may be allowed for good cause shown, if the request for good cause is
filed in writing with the Commission within one (1) year of the date
of the determination or redetermination that is the basis of the
request for untimely filing.
Added by Laws 1997, c. 30, § 18, eff. July 1, 1997. Amended by Laws
2006, c. 176, § 19, eff. July 1, 2006; Laws 2007, c. 354, § 8, eff.
Nov. 1, 2007; Laws 2012, c. 196, § 9, emerg. eff. May 8, 2012; Laws
2013, c. 71, § 12, eff. Nov. 1, 2013; Laws 2019, c. 251, § 9, eff.
July 1, 2019.
§40-3-116. Reconsideration of determination.
RECONSIDERATION OF DETERMINATION.
A. The Oklahoma Employment Security Commission may reconsider a
determination of the basis of:
1. An error in computation;
2. An error in identity;
3. Misrepresentation of material facts;
4. Mistake of material facts;
5. An error in interpretation or application of the law; or
6. A timely request made pursuant to paragraph 2 of subsection B
of Section 3-115 of Title 40 of the Oklahoma Statutes.
B. A redetermination shall be made within three (3) years of the
last day of the month following the calendar quarter that is subject
to the redetermination.
C. Notice and appeal of a redetermination shall be governed by
the provisions of Section 3-115 of Title 40 of the Oklahoma Statutes.
Added by Laws 2007, c. 354, § 9, eff. Nov. 1, 2007.
§40-3-117. Findings of fact or law.
FINDINGS OF FACT OR LAW.
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Any findings of fact or law, judgment, conclusion or final order
made by the Oklahoma Employment Security Commission or its
representatives under Article 3 of the Employment Security Act of
1980 shall be conclusive and binding for all purposes concerning this
act. The findings of fact or law, judgment, conclusion or final
order of the Oklahoma Employment Security Commission or its
representatives shall not be conclusive or binding in any separate or
subsequent action or proceeding that does not involve the Oklahoma
Employment Security Commission and shall not be used as evidence in
any separate or subsequent action or proceeding in any other forum
regardless of whether or not the prior action was between the same or
related parties or involved the same facts.
Added by Laws 2007, c. 354, § 10, eff. Nov. 1, 2007.
§40-3-118. Electronic unemployment tax filing and payment.
By December 31, 2008, the Oklahoma Employment Security Commission
shall provide a method for employers to file the Employer’s Quarterly
Contributions and Wage Report for Oklahoma state unemployment taxes
through the Internet. The Oklahoma Employment Security Commission
shall also provide by December 31, 2008, a method for employers to
pay Oklahoma state unemployment taxes through an electronic payment
system utilizing the Internet.
Added by Laws 2008, c. 67, § 1, emerg. eff. April 22, 2008.
§40-3-119. Repealed by Laws 2009, c. 2, § 9, emerg. eff. March 12,
2009.
§40-3-120. Required filings by professional employer organizations –
Payment of contributions – Change of election.
REQUIRED FILINGS BY PROFESSIONAL EMPLOYER ORGANIZATIONS – PAYMENT
OF CONTRIBUTIONS – CHANGE OF ELECTION.
A. Each Professional Employer Organization, or PEO, shall file
all reports and pay all contributions required by the Employment
Security Act of 1980 and the Rules of the Oklahoma Employment
Security Commission under one of the following two options. The PEO
may choose the option under which it will report and pay. All PEOs
that do not exercise their option within the compliance date in
subsections C and D of this section shall be assigned to option 1
below. All current client accounts and client accounts set up or
acquired after the election shall be reported and paid according to
the option elected by the PEO or the option assigned to the PEO if no
election is made. The two options are as follows:
1. The PEO shall file quarterly tax returns to report the wages
of all covered employees of all its clients and pay all contributions
due on those wages under one account of the PEO; or
2. The PEO shall file quarterly tax returns to report the wages
of all covered employees under the direction and control of each
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client and pay all contributions due on those wages under the account
assigned to that client by the Oklahoma Employment Security
Commission; provided:
a. a PEO choosing this option shall notify the Oklahoma
Employment Security Commission in writing,
b. a PEO choosing this option shall assist the Commission
in the process of the separation and identification of
the contribution history, the benefit experience
history, and the payroll of each of its clients, and
the Commission shall transfer that experience to the
client account,
c. the Commission shall determine the tax rate of each
client account separately based upon the client's
contribution history, benefit experience history and
actual payroll,
d. if there is not sufficient experience in the client
account after the transfer of experience to establish a
tax rate, the account will be assigned a tax rate
pursuant to Section 3-110.1 of this title, and
e. a PEO choosing this option shall produce all
documentation and information necessary for the
Oklahoma Employment Security Commission to create the
client account within sixty (60) days of choosing this
option. If the information needed by the Commission is
not produced within this sixty-day period, the PEO
shall revert to reporting under the option provided for
in paragraph 1 of subsection A of this section.
B. Within thirty (30) days after the end of each calendar
quarter, each PEO shall file a list of all its clients setting out
the federal employer identification number, the name, the client's
contact information and the current registration certificate of the
PEO issued pursuant to Section 600.4 of this title. The client list
shall be filed in a format prescribed by the Oklahoma Employment
Security Commission. Materials submitted pursuant to this section
shall be deemed records submitted pursuant to the Oklahoma
Professional Employer Organization Recognition and Registration Act
and shall be treated as confidential and subject to the provisions of
subsection C of Section 600.6 of this title and Section 4-508 of this
title.
C. Any PEO with a current employer tax account with the Oklahoma
Employment Security Commission as of the effective date of this act
shall comply with the provisions of this section no later than
January 1, 2015.
D. Any PEO that does not have a current employer tax account
with the Oklahoma Employment Security Commission as of the effective
date of this act shall comply with the provisions of this section
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upon becoming liable for contributions under the Employment Security
Act of 1980.
E. After the initial election or assignment of the option
provided for in subsection A of this section, a PEO shall be
permitted to change its election one time only. The change of
election shall be made by the PEO in writing. The election shall
become effective in the calendar year following the date the
Commission approves the election of the PEO. If the Commission
approves a change of election, all contribution history, benefit
experience history and payroll of each client shall be transferred to
the pooled account, if the option in paragraph 1 of subsection A of
this section is chosen, or the individual client accounts, if the
option in paragraph 2 of subsection A of this section is chosen.
Added by Laws 2014, c. 221, § 2, eff. Nov. 1, 2014. Amended by Laws
2016, c. 287, § 11, eff. Nov. 1, 2016.
§40-3-121. Professional Employer Organizations – Transfer of
experience history.
PROFESSIONAL EMPLOYER ORGANIZATIONS – TRANSFER OF EXPERIENCE
HISTORY.
If a Professional Employer Organization, or PEO, chooses the
option to file quarterly tax returns under the account assigned to
its client pursuant to paragraph 2 of subsection A of Section 3-120
of this title, and if the client has an experience history from a
previous account assigned to that client that can be used in
calculating an earned tax rate pursuant to the provisions of Article
3, Part 1, of the Employment Security Act of 1980, then that
experience history shall be transferred to the account assigned to
that client as a coemployer of that PEO. In addition, if taxable
wages were reported by a client in a previous account of the client
within the calendar year in which the PEO coemployer account is set
up, then the PEO coemployer account shall be given credit for the
taxable wages paid on each employee in the immediately previous
account under which client wages were reported.
Added by Laws 2016, c. 287, § 12, eff. Nov. 1, 2016. Amended by Laws
2017, c. 345, § 5, eff. July 1, 2017.
§40-3-201. Employer for any part of year deemed employer for entire
year.
EMPLOYER FOR ANY PART OF YEAR DEEMED EMPLOYER FOR ENTIRE YEAR.
Except as provided in Section 3-203, any employing unit which is or
becomes an employer subject to this act within any calendar year
shall be deemed to be an employer during the whole of such calendar
year.
Added by Laws 1980, c. 323, § 3-201, eff. July 1, 1980.
§40-3-202. Termination of coverage.
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TERMINATION OF COVERAGE.
Termination of coverage with respect to 1977 or prior years shall
be determined in accordance with provisions applicable to those
years. Except as otherwise provided in Section 3-203 of this title,
an employing unit shall cease to be an employer subject to this act
only as of the first day of any calendar year and only if it files
with the Commission, during January of such year, a written
application for termination of coverage, and the Commission finds
that there were (1) no calendar quarter within the preceding calendar
year in which such employing unit paid for service in employment
wages of One Thousand Five Hundred Dollars ($1,500.00) or more or (2)
no twenty (20) different days, each day being in a different calendar
week within the preceding calendar year, within which such employing
unit employed one or more individuals in employment subject to this
act; provided further that religious, charitable, educational or
other organizations covered under paragraph 8 of Section 1-208 of
this title shall be so terminated if the Commission finds that there
were no twenty (20) different days, each day being in a different
calendar week within the preceding calendar year, within which such
employing unit employed four or more individuals in employment
subject to this act. Provided further that agricultural labor as
covered under paragraph 10 of Section 1-208 of this title shall be so
terminated if the Commission finds that there were (1) no calendar
quarter within the preceding calendar year in which such employing
unit paid wages of Twenty Thousand Dollars ($20,000.00) or more, or
(2) no twenty (20) different days, each day being in a different
calendar week within the preceding calendar year, within which such
employing unit employed ten (10) or more individuals in employment
subject to this act; provided further that domestic service as
covered under paragraph 11 of Section 1-208 of this title shall be
terminated if the Commission finds that there were no calendar
quarters within the preceding calendar year in which such employing
unit paid wages of One Thousand Dollars ($1,000.00) or more.
Provided, however, that if the Federal Congress shall, by amendment
to the Federal Unemployment Tax Act, redefine the term employer to
include employing units not qualified as employers under this
section, all of the provisions of this act shall be applicable to
such employing units. For the purposes of this section, the two or
more employing units mentioned in paragraph 2, 3 or 4 of Section 1-
208 of this title shall be treated as a single employing unit.
Added by Laws 1980, c. 323, § 3-202, eff. July 1, 1980. Amended by
Laws 2005, c. 182, § 9, eff. Nov. 1, 2005.
§40-3-203. Election by employer.
ELECTION BY EMPLOYER.
A. An employing unit, not otherwise subject to the Employment
Security Act of 1980, which files with the Oklahoma Employment
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Security Commission its written election to become an employer
subject hereto for not less than two (2) calendar years shall, with
the written approval of the election by the Commission, become an
employer subject hereto to the same extent as all other employers, as
of the date stated in the approval, and shall cease to be subject
hereto as of January 1 of any calendar year subsequent to the two (2)
required calendar years, only if during January of that year it has
filed with the Commission a written application for termination of
coverage as provided in this section.
B. Any employing unit for which services that do not constitute
employment as defined in the Employment Security Act of 1980 are
performed may file with the Commission a written election that all
such services with respect to which payments are not required under
an employment security law of any other state or of the federal
government and which are performed by individuals in its employ in
one or more distinct establishments or places of business shall be
deemed to constitute employment by an employer for all the purposes
of the Employment Security Act of 1980 for not less than two (2)
calendar years. Upon the written approval of the election by the
Commission, the services shall be deemed to constitute employment
subject to the Employment Security Act of 1980 from and after the
date stated in the approval. The services shall cease to be deemed
employment subject hereto as of January 1 of any calendar year
subsequent to the two (2) required calendar years, only if during
January of that year the employing unit has filed with the Commission
a written application for termination of the coverage.
C. The Commission may terminate the election of an employer or
employing unit made pursuant to subsection A or B of this section at
any time the Commission determines that the employer or employing
unit is not abiding by all requirements of the Employment Security
Act of 1980 and the rules for the administration of that act, or if
the employer or employing unit that has made an election for coverage
becomes delinquent in the payment of its unemployment tax
contributions, interest, penalties or fees.
D. If the Commission makes a determination that an application
of an employer or employing unit submitted under subsections A or B
of this section should be denied, or that a voluntary election should
be terminated under subsection C of this section, the Commission
shall notify the affected employer or employing unit in writing. The
notification of the determination shall be delivered to the employer,
or mailed to the employer's last-known address.
E. A determination made under this section may be appealed
pursuant to the provisions of Section 3-115 of this title.
Added by Laws 1980, c. 323, § 3-203, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 15, eff. Sept. 1, 1993; Laws 1997, c. 30, § 19,
eff. July 1, 1997; Laws 2006, c. 176, § 20, eff. July 1, 2006.
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§40-3-301. Penalty and interest on past-due contributions.
PENALTY AND INTEREST ON PAST-DUE CONTRIBUTIONS.
A. If contributions are not paid on the date on which they are
due and payable as prescribed by the Oklahoma Employment Security
Commission, the whole or part thereafter remaining unpaid shall bear
interest at the rate of one percent (1%) per month for each month or
fraction thereof from and after such date until payment is received
by the Commission. The date on which payment of contributions is
deemed to have been received may be determined by such rules as the
Commission may prescribe.
B. If any employer fails or refuses to file contribution and
wage reports required under the provisions of this act within fifteen
(15) days after written notice has been mailed to the employer by the
Commission or its representative regardless whether or not any wages
or taxable wages were paid, there shall accrue a penalty of One
Hundred Dollars ($100.00) and in addition to such penalty, there
shall be a penalty of ten percent (10%) added to the total
contributions due, collected and paid. Such penalties shall be in
addition to any interest due. The provisions of this subsection
shall not apply to employers that are subject to subsection B of
Section 3-806 of this title.
Added by Laws 1980, c. 323, § 3-301, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 17, eff. July 1, 1981; Laws 1990, c. 333, § 7,
emerg. eff. May 31, 1990; Laws 1993, c. 219, § 16, eff. Sept. 1,
1993; Laws 2006, c. 176, § 21, eff. July 1, 2006.
§40-3-302. Collections.
COLLECTIONS. A. If any employer defaults in any payment of
contributions, interest, penalty or fees thereon, the amount due may
be collected by civil action in the name of the State of Oklahoma.
Civil actions brought under this section to collect contributions,
interest, penalty or fees thereon from an employer shall be heard by
the court at the earliest possible date and shall be entitled to
preference upon the calendar of the court over all other civil
actions except petitions for judicial review under this act.
B. The courts of this state shall in like manner entertain
actions to collect contributions, interest, penalty or fees thereon
for which liability has accrued under the unemployment compensation
law of any other state or of the federal government.
C. No suit, including an action for a declaratory judgment,
shall be maintained and no writ or process shall be issued by any
court of this state which has the purpose or effect of restraining,
delaying, or forestalling the collection of any contributions,
interest, penalties and fees under this act or substituting any
collection procedure for those prescribed in this act.
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Added by Laws 1980, c. 323, § 3-302, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 18, emerg. eff. June 25, 1981; Laws 1993, c.
219, § 17, eff. Sept. 1, 1993.
§40-3-303. Priorities under legal dissolutions or distributions.
PRIORITIES UNDER LEGAL DISSOLUTIONS OR DISTRIBUTIONS. In the
event of any distribution of an employer's assets pursuant to an
order of any court or under the laws of this state, including any
receivership, assignment for benefit of creditors, adjudicated
insolvency, composition, or similar proceedings, all contributions,
interest, penalties and fees imposed by the provisions of this act
are hereby declared to constitute a lien in favor of the state upon
all franchises, property, and the rights to property, whether real or
personal, then belonging to or thereafter acquired by the person,
firm, corporation, partnership or association owing the contribution,
whether such property is employed by such person, firm, corporation,
partnership or association in the prosecution of business, or is in
the hands of an assignee, trustee, or receiver for the benefit of
creditors, from the date of the filing by the Commission of a notice
of claim of said lien in the office of the county clerk of the county
in which such property is located. Said lien shall be in addition to
any lien accrued by the filing of a tax warrant as provided in this
act. Said lien shall be prior, superior and paramount to all other
liens, or encumbrances of whatsoever kind or character, attaching to
any of said property subsequent to the filing of such notice of claim
of lien, except liens for other taxes, in which event said lien shall
be coequal, and claims for wages of not more than Two Hundred Fifty
Dollars ($250.00) to each claimant, earned within six (6) months of
the commencement of any proceeding distributing an employer's assets
pursuant to an order of the court under the laws of this state. Said
lien shall continue until the amount of contribution, interest,
penalty and fees due and owing, and interest subsequently accruing
thereon, is paid. In the event of an employer's adjudication in
bankruptcy, judicially confirmed extension proposal, or composition,
under the Federal Bankruptcy Act of 1898, as amended, contributions
then or thereafter due shall be entitled to such priority as is
provided in that act for taxes due any state of the United States.
Added by Laws 1980, c. 323, § 3-303, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 19, emerg. eff. June 25, 1981; Laws 1993, c.
219, § 18, eff. Sept. 1, 1993.
§40-3-304. Refunds.
REFUNDS. If not later than three (3) years after the date on
which a specific report or return was required to be filed, an
employer, who has paid all amounts owing for that specific quarter,
may make application for an adjustment in connection with that report
or payment, or for a refund thereof because an adjustment cannot be
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made, and if the Commission shall determine that payment of the
contributions, interest, penalty fees or any portion thereof was
erroneous, the Commission shall allow such employer to make an
adjustment thereof, without interest, in connection with subsequent
contribution payments by the employer, or if such adjustment cannot
be made, the Commission shall refund from the fund, without interest,
the amount erroneously paid. For like cause and within the same
period, adjustment or refund may be so made on the Commission's own
initiative.
Added by Laws 1980, c. 323, § 3-304, eff. July 1, 1980. Amended by
Laws 1992, c. 318, § 5, eff. July 1, 1992; Laws 1993, c. 219, § 19,
eff. Sept. 1, 1993.
§40-3-305. Assessments.
ASSESSMENTS.
A. If any employer shall fail to make any report or return as
required by the Employment Security Act of 1980, the Oklahoma
Employment Security Commission or its duly authorized representative,
from any information in the possession of or obtainable by the
Commission, may determine the amount of contribution due from such
employer, and shall mail a copy of the assessment to the last-known
address of the delinquent employer. The assessment so made shall not
preclude the Commission or its representative from making field
audits of the books and records, wherever located, of the employer
and from making further adjustments, corrections or assessments. The
assessments provided for herein must be made, and a copy thereof
delivered to the employer or mailed to the last-known address of the
employer, within three (3) years after the date on which the report
or return was required to be filed.
B. Assessments under this section may be appealed pursuant to
the provisions of Section 3-115 of this title.
Added by Laws 1980, c. 323, § 3-305, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 20, emerg. eff. June 25, 1981; Laws 1990, c.
333, § 8, emerg. eff. May 31, 1990; Laws 1992, c. 318, § 6, eff. July
1, 1992; Laws 1997, c. 30, § 16, eff. July 1, 1997; Laws 2006, c.
176, § 22, eff. July 1, 2006.
§40-3-306. Jeopardy assessments.
JEOPARDY ASSESSMENTS. A. If the Commission, notwithstanding
that a return or report, or that contributions with respect thereto
may not yet be due, and whether prior to or after the close of the
period when any contribution may be due under the provisions of this
act, believes that:
1. An employer intends to depart or remove from the state, or
conceal himself or any of his property subject to a lien for the
payment of contributions;
2. An employer intends to discontinue business; or
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3. An employer intends to do any other act tending to prejudice
or render wholly or partially ineffectual proceedings to compute,
assess or collect any contribution levied under the provisions of
this act,
the Commission shall declare the period for which any contributions
may become due to have terminated for such employer, and shall
immediately assess the contributions from any information in his
possession, notify the employer and demand immediate payment thereof.
In the event of any failure or refusal to pay the contributions, by
the employer upon the demand of the Commission, the contributions
shall immediately become delinquent and the Commission shall proceed
to collect the same as in other cases of delinquent contributions.
B. The order of the Commission assessing the contributions may
be appealed from as provided in Part 4 of this Article 3, or the
employer may furnish to the Commission, under rules prescribed by it,
security that he will make any return or report thereafter to be
required to be filed with the Commission, and pay the contributions
with respect to the period for which such contributions will become
due. After security is approved and accepted, and such further and
other security with respect to the contributions covered thereby is
given as the Commission may, from time to time, find necessary and
require, the payment of such contributions shall not be enforced by
any proceedings prior to the expiration of the time otherwise allowed
for paying such contributions.
C. In cases where the assessment here authorized is made prior
to the close of the period for which contributions become due, and in
case the employer elects to pay his contribution rather than to file
a bond as herein provided for, the employer may pay the Commission
the sum assessed, together with additions to contributions imposed by
law, and at the time of making such payment shall notify the
Commission of his intention, at the close of the period for which
such contributions would have become due, to file suit for recovery.
Upon receipt of such notice, an account shall be set up showing the
amount paid until the termination of thirty (30) days following the
close of the period for which such contributions were due, and if
within such period, namely, within thirty (30) days following the
close of the period for which such contributions were due, the
employer files suit for recovery, the account shall be further
maintained pending the final determination of such suit, after which
it shall be terminated or refund made by the Commission in accordance
with the provisions of Section 3-304 of this title.
Added by Laws 1980, c. 323, § 3-306, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 20, eff. Sept. 1, 1993.
§40-3-307. Remittances - Deposit of monies - Returned checks - Bogus
check complaint.
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A. All remittance, under Section 1-101 et seq. of this title,
shall be made payable to the Oklahoma Employment Security Commission,
at Oklahoma City, Oklahoma, by bank draft, check, cashier's check,
electronic fund transfer, money order, or money, and the Commission
shall issue its receipt, for cash or money payment, to the payor. No
remittance other than cash shall be in final discharge of liability
due the Commission unless and until it shall have been paid in cash.
All monies collected shall be deposited with the State Treasurer.
There shall be assessed, in addition to any other penalties provided
for by law, an administrative service fee of Twenty-five Dollars
($25.00) on each check returned to the Commission or any agent
thereof by reason of the refusal of the bank upon which such check
was drawn to honor the same. There shall be assessed, in addition to
any other penalties provided for by law, an administrative service
fee of Twenty-five Dollars ($25.00) on each electronic fund transfer
that fails due to insufficient funds in the payor’s account.
B. Upon the return of any check by reason of the refusal of the
bank upon which such check was drawn to honor the same, the
Commission may file a bogus check complaint with the appropriate
district attorney who shall refer the complaint to the Bogus Check
Restitution Program established by Section 111 of Title 22 of the
Oklahoma Statutes. Funds collected through the program after
collection of the fee authorized by Section 114 of Title 22 of the
Oklahoma Statutes for deposit in the Bogus Check Restitution Program
Fund in the county treasury shall be transmitted to the Commission
and credited to the liability for which the returned check was drawn
and to the administrative service fee provided by this section.
Added by Laws 1990, c. 333, § 9, emerg. eff. May 31, 1990. Amended
by Laws 2011, c. 256, § 13.
§40-3-308. Perjury - Punishment.
Any person, or member of any firm or association, or any officer,
agent, or employee of any corporation, who shall knowingly make false
answer to any question which may be put to him by the Oklahoma
Employment Security Commission, touching the business or property of
any such person, firm, association, or corporation, or the valuation
thereof, or who shall make or present any false statement filed with
said Commission or required to be filed by this title or by any state
unemployment compensation law, shall be guilty of perjury, and upon
conviction, shall be punished as provided for in Section 4-506 of
Title 40 of the Oklahoma Statutes.
Added by Laws 1990, c. 333, § 10, emerg. eff. May 31, 1990.
§40-3-309. Collection of delinquent contributions, penalties,
interest or fees.
COLLECTION OF DELINQUENT CONTRIBUTIONS, PENALTIES, INTEREST OR
FEES.
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When a determination that an employer owes delinquent
contributions, penalties, interest or fees becomes final, the
Oklahoma Employment Security Commission shall be entitled to proceed
by levy to collect any delinquent contribution and to collect any
penalty, interest or fees due and owing as a result of the
delinquency. Provided, that upon proper application under the
procedures outlined herein, the Assessment Board of the Oklahoma
Employment Security Commission may issue an order continuing or
modifying the levy for the collection of delinquent contributions,
penalties, interest or fees.
Added by Laws 1990, c. 333, § 11, emerg. eff. May 31, 1990. Amended
by Laws 1993, c. 219, § 21, eff. Sept. 1, 1993; Laws 2012, c. 196, §
10, emerg. eff. May 8, 2012.
§40-3-310. Waiver of penalty or interest.
A. Any penalty or interest, or any portion thereof, assessed
because an employer or employee fails to file a report or remit
payment as required by Section 1-101 et seq. of this title may be
waived by the Oklahoma Employment Security Commission provided the
failure of the employer or employee to file a report or remit
payment:
1. Is satisfactorily explained to the Commission;
2. Has resulted from a mistake by the employer or employee of
either the law or the facts subjecting the employer or employee to
file the report or remit payment; or
3. Results from insolvency.
B. Provided, no waiver of penalty or interest assessed for
failure to file a report or remit payment as required by this act
shall be granted unless the request for waiver is filed with the
Commission within a three-year period from the date the penalty or
interest was assessed or accrued.
Added by Laws 1992, c. 318, § 12, eff. July 1, 1992. Renumbered from
§ 5-109 of this title by Laws 1993, c. 219, § 36, eff. Sept. 1, 1993.
Amended by Laws 1994, c. 195, § 5, emerg. eff. May 16, 1994; Laws
2006, c. 176, § 23, eff. July 1, 2006.
§40-3-401. Appeals to district court.
APPEALS TO DISTRICT COURT.
After the administrative appeal hearing process provided for in
Article III of this title is complete, any order, ruling or finding
that directly affects an employer or the Oklahoma Employment Security
Commission may be appealed by the affected entity to the district
court of the county of residence, or principal place of business, of
the employer; provided, however, if the employer is a nonresident of
this state, then to the district court of Oklahoma County.
Added by Laws 1980, c. 323, § 3-401, eff. July 1, 1980. Amended by
Laws 2002, c. 452, § 23, eff. Nov. 1, 2002.
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§40-3-402. Repealed by Laws 1998, c. 161, § 15, eff. July 1, 1998.
§40-3-403. Petition for review and transcript of Commission
proceedings.
PETITION FOR REVIEW AND TRANSCRIPT OF COMMISSION PROCEEDINGS.
Within thirty (30) days after the date of mailing of the order,
ruling, or finding complained of, the party desiring to appeal shall
file in the office of the clerk of the district court of the county
that has the proper jurisdiction, a Petition for Review specifying
the grounds upon which the appeal is based. The Petition for Review
shall set out the names of all parties to the case in the style of
the case, which shall include:
1. The petitioner or entity filing the petition;
2. The Assessment Board as a respondent; and
3. All other parties in the proceeding before the Assessment
Board as respondents.
If a Petition for Review is not filed within the time allowed by this
section, the administrative order, ruling or finding will become
final and the district court will not have jurisdiction to consider
the appeal. The appealing party shall serve a file-stamped copy of
the Petition for Review on all opposing parties or their attorneys
and the Director of the Appellate Division of the Oklahoma Employment
Security Commission. The Director of the Appellate Division shall
then cause a certified transcript of the hearing to be made which
shall consist of all testimony of the parties, all documentary
evidence and other evidence introduced at the hearing, and all
decisions, judgments, or orders rendered as a result of the hearing.
The Director of the Appellate Division shall then cause the certified
transcript to be filed in the appropriate district court within sixty
(60) days of receipt of the Petition for Review. Copies of the
transcript shall be mailed by the Director of the Appellate Division
to all parties named in the style of the case on the Petition for
Review.
Added by Laws 1980, c. 323, § 3-403, eff. July 1, 1980. Amended by
Laws 1998, c. 161, § 12, eff. July 1, 1998; Laws 2007, c. 354, § 11,
eff. Nov. 1, 2007; Laws 2013, c. 71, § 13, eff. Nov. 1, 2013.
§40-3-404. Commission's conclusions of facts conclusive.
COMMISSION'S CONCLUSIONS OF FACTS CONCLUSIVE. In any judicial
review under this part the findings of the Commission, or its duly
authorized representative, as to the facts, if supported by evidence
and in the absence of fraud, shall be conclusive, and the
jurisdiction of the court shall be confined to questions of law.
Added by Laws 1980, c. 323, § 3-404, eff. July 1, 1980.
§40-3-405. Deposit of assessment required.
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DEPOSIT OF ASSESSMENT REQUIRED.
As a condition precedent to the right of an employer to prosecute
an appeal, and as a jurisdictional prerequisite of the district court
to entertain the appeal, it is specifically provided that, if the
appeal be from an order, judgment, finding, or ruling of the Oklahoma
Employment Security Commission or its duly authorized representative,
the employer shall pay to the Commission all amounts owing in the
employer’s account. Any amounts so paid shall, pending the final
determination of the appeal, be reflected by the Commission in the
employer’s account, and if, upon a final determination of the appeal
the order of the Commission is reversed or modified and it is
determined that the contribution or part thereof was erroneously
assessed, or the contributions, penalties, interest or fees should
not be owed to the Commission, the amount paid by the employer shall
be refunded to the employer by the Commission.
Added by Laws 1980, c. 323, § 3-405, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 22, eff. Sept. 1, 1993; Laws 2002, c. 452, § 24,
eff. Nov. 1, 2002.
§40-3-406. Bond in lieu of cash deposit.
BOND IN LIEU OF CASH DEPOSIT. In lieu of the cash payment
provided for in Section 3-405 of this title, the employer may file
with the Commission a surety bond issued by an insurance company that
is licensed by the Oklahoma Insurance Department to issue surety
bonds in this state. The surety bond must be issued in an amount
that is double the amount of the contribution, penalties, interest
and fees assessed or owing, and include the conditions that the
employer will faithfully and diligently prosecute the appeal to a
final determination, and, in the event the order, judgment, ruling or
finding of the Commission or its duly authorized representative be
affirmed on appeal, will pay the contributions, interest, penalty,
costs and fees assessed against, or owing by, the employer.
Added by Laws 1980, c. 323, § 3-406, eff. July 1, 1980. Amended by
Laws 1992, c. 318, § 7, eff. July 1, 1992; Laws 1993, c. 219, § 23,
eff. Sept. 1, 1993.
§40-3-407. Repealed by Laws 2005, c. 182, § 15, eff. Nov. 1, 2005.
§40-3-408. Part construed to provide legal remedy.
PART CONSTRUED TO PROVIDE LEGAL REMEDY. This part shall be
construed to provide a legal remedy by action at law in cases where
any contribution, or the method of collection or enforcement thereof
or any order, ruling, finding or judgment of the Commission or its
duly authorized representative, is complained of or is sought to be
enjoined in any action in any court of this state or the United
States of America.
Added by Laws 1980, c. 323, § 3-408, eff. July 1, 1980.
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§40-3-500. Levy on accounts.
LEVY ON ACCOUNTS.
As used in Part 5 of Article 3 of the Employment Security Act of
1980:
1. "Bank" means any state bank or banking association, national
bank or banking association, savings and loan company, credit union,
or any other financial institution;
2. "Bank account" means any checking or savings account the tax
debtor has with any bank;
3. “Contract proceeds” means any payment or exchange of assets
due to a tax debtor from any contract the tax debtor is a party to or
a beneficiary of;
4. “Contracting entity” means any person, partnership,
corporation, limited liability company or legal entity of any kind
that owes money to a tax debtor due to the provisions of a contract
the entity is bound by;
5. “Earnings” means any form of payment to any individual
including, but not limited to, salary, wages, commissions, or other
compensation;
6. “Employer” means any person, partnership, corporation,
limited liability company or legal entity of any kind that owes
earnings to a tax debtor; and
7. “Tax debtor” means any person, partnership, corporation,
limited liability company or legal entity of any kind that owes the
Oklahoma Employment Security Commission any amount for delinquent
state unemployment taxes, interest, penalties, fees or surcharge.
Added by Laws 2012, c. 196, § 11, emerg. eff. May 8, 2012.
§40-3-501. Commission to issue warrants.
COMMISSION TO ISSUE WARRANTS. If any contribution imposed by the
provisions of this act, or any portion of said contribution, be not
paid before the same becomes delinquent, the Commission may
immediately issue a warrant under its official seal, directed to the
sheriff of any county of the state, commanding him to levy upon and
sell any real or personal property of any delinquent employer found
within his county for the payment of the delinquent contribution,
interest, penalty and fees and the cost of executing the warrant, and
to return such warrant to the Commission, and to pay it any moneys
collected by virtue thereof, by a time to be therein specified, not
more than sixty (60) days from the date of the warrant.
Added by Laws 1980, c. 323, § 3-501, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 21, emerg. eff. June 25, 1981; Laws 1993, c.
219, § 24, eff. Sept. 1, 1993.
§40-3-502. Filing warrant with county clerk.
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FILING WARRANT WITH COUNTY CLERK. The Commission may also file a
copy of its warrant with the county clerk of the county or counties
in which the employer has property and thereupon the county clerk
shall index the warrant in the same manner as judgments using the
name of the delinquent employer named in the warrant, a short name
for the contribution, or tax imposed, and the amount of the
contributions, interest, penalty and fees for which the warrant was
issued, and the date upon which the copy was filed, and shall index
the warrant against the real property described therein, if any is
described. If the county clerk charges a fee for the filing of the
warrant, the Commission may add the amount of the fee to the
indebtedness owing by the delinquent employer named in the warrant.
Added by Laws 1980, c. 323, § 3-502, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 22, emerg. eff. June 25, 1981; Laws 1993, c.
219, § 25, eff. Sept. 1, 1993; Laws 1995, c. 340, § 19, eff. July 1,
1995.
§40-3-503. Filed warrant is lien.
FILED WARRANT IS LIEN. The filing of said warrant in the office
of the county clerk of said county shall constitute and be evidence
and notice of the state's lien upon the title to any interest in any
real or personal property of the delinquent employer against whom
such warrant is issued. Such lien shall be in addition to any and
all other liens existing in favor of the state to secure the payment
of such unpaid contribution, interest, penalty, fees and costs, and
such lien shall be paramount and superior to all other liens of
whatsoever kind or character, attaching to any of said property
subsequent to the date of such recording and shall be in addition to
any other lien provided for in this act. This lien on personal
property shall be permanent and continuing without any requirement
for executions under Section 735 of Title 12 of the Oklahoma Statutes
or any other similar statute. This lien on personal property of the
State of Oklahoma shall continue until the amount of the tax,
contribution, penalty, interest and fees are paid. This lien shall
continue on real property until released by payment or for a maximum
of ten (10) years after the date of its filing.
Added by Laws 1980, c. 323, § 3-503, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 23, emerg. eff. June 25, 1981; Laws 1982, c. 81,
§ 1; Laws 1993, c. 219, § 26, eff. Sept. 1, 1993.
§40-3-504. Sheriff to execute warrant in same manner as judgment.
SHERIFF TO EXECUTE WARRANT IN SAME MANNER AS JUDGMENT. Upon
receiving such warrant the sheriff shall proceed to execute said
warrant in all respects with like effect and in the same manner
prescribed by law in respect to executions against property upon
judgment of the court of record; and such sheriff shall execute and
deliver to the purchaser a bill of sale or deed, as the case may be.
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Any purchaser, other than the State of Oklahoma, shall be entitled,
upon application to the court having jurisdiction of the property, to
have confirmation (the procedure for which shall be the same as is
now provided for the confirmation of a sale under execution) of such
sale prior to the issuance of a bill of sale or deed. The State of
Oklahoma shall be authorized to make bids at any such sale to the
amount of contributions, penalties, interest, costs and fees accrued.
In the event such bid is successful, the sheriff shall issue a proper
muniment of title to the Commission, which said Commission shall hold
such title for the use and benefit of the State of Oklahoma; and any
delinquent employer, or transferee of such delinquent employer, shall
have the right, at any time within one (1) year from the date of such
sale, to redeem such property, upon the payment of all contributions,
penalties, interest, costs and fees accrued to the date of
redemption. Such applicant shall not be entitled to a credit upon
such contributions, penalties, interest, costs and fees, by reason of
any revenue that might have accrued to the State of Oklahoma or other
purchaser under sale prior to such redemption. After the expiration
of the period of redemption herein provided, the State of Oklahoma
may sell such property at public auction, upon giving thirty (30)
days' notice, published in a newspaper of general circulation in the
county where such property is located, to the highest and best bidder
for cash; and upon a sale had thereof, or when a redemption is made,
the Commission for and on behalf of the State of Oklahoma shall issue
its bill of sale or quit claim deed to the successful bidder or to
the redemptioner. The sheriff shall be entitled to the same fee for
his services in executing the warrant, as he would be entitled to
receive if he were executing an execution issued by the court clerk
of said county upon a judgment of a court of record.
Added by Laws 1980, c. 323, § 3-504, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 27, eff. Sept. 1, 1993.
§40-3-505. Failure of sheriff to execute warrant.
FAILURE OF SHERIFF TO EXECUTE WARRANT. If any sheriff shall
refuse or neglect to levy upon and sell any real or personal property
of any delinquent employer as directed by any warrant issued by the
Commission, or shall refuse or neglect, on demand, to pay over to the
Commission, its representatives or attorneys, all moneys by him
collected or received under any warrant issued by the said
Commission, at any time after collecting or receiving the same, such
sheriff or other officer shall, upon motion of the Commission in
court, and after thirty (30) days' notice thereof, in writing, be
amerced in the amount for which any such warrant was issued, together
with all penalties and costs and with an additional penalty of ten
percent (10%) thereon, to and for the use of the State of Oklahoma.
Every surety of any sheriff or officer shall be made a party to the
judgment rendered as aforesaid against the sheriff or other officer.
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Added by Laws 1980, c. 323, § 3-505, eff. July 1, 1980.
§40-3-506. State may be made party defendant.
STATE MAY BE MADE PARTY DEFENDANT. In any action involving the
title to real estate, or the ownership or right to possession of
personal property, the State of Oklahoma may be made a party
defendant for the purpose of determining any lien claimed by it upon
the property involved therein; and in any such action, service of
summons upon the Commission or any member thereof shall be a
sufficient service and binding upon the State of Oklahoma.
Added by Laws 1980, c. 323, § 3-506, eff. July 1, 1980.
§40-3-507. Injunctions.
INJUNCTIONS. When any reports required under this act have not
been filed or may be insufficient to furnish all the information
required by the Commission, or when the contributions imposed by this
act have not been paid, the Commission may institute, in the name of
the State of Oklahoma, upon the relation of the Commission, any
necessary action or proceeding to enjoin such persons, firm,
association or corporation from continuing operations until such
reports have been filed or contributions paid as required, and in all
proper cases injunction shall be issued without a bond being required
from the state.
Added by Laws 1980, c. 323, § 3-507, eff. July 1, 1980.
§40-3-508. Appointment of receiver.
APPOINTMENT OF RECEIVER. Upon a proper showing in any action
under Section 3-507 that contributions are in danger of being lost or
rendered uncollectible by reason of the mismanagement, dissipation or
concealment of the property by the taxpayer and a request for the
appointment of a receiver for the management of the taxpayer is made,
a receiver shall be appointed.
Added by Laws 1980, c. 323, § 3-508, eff. July 1, 1980.
§40-3-509. Levy on bank accounts.
LEVY ON BANK ACCOUNTS.
A. If any tax debtor shall fail to pay his or her indebtedness
to the Oklahoma Employment Security Commission after the tax debtor
has been notified of the amount due and demand for payment has been
made, it shall be lawful for the Oklahoma Employment Security
Commission to collect the amount owed by levy upon any bank account
of the tax debtor.
B. To levy upon a tax debtor's bank account, the Oklahoma
Employment Security Commission must serve a Notice of Levy on the
bank in which the tax debtor has an account, along with the tax
warrants covering all calendar quarters in which the tax debtor owes
unemployment taxes, interest, penalty, fees, or surcharge.
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C. Service of the Notice of Levy and tax warrants shall be made
on the bank in the same manner as provided in Section 2004 of Title
12 of the Oklahoma Statutes for service of process in civil actions.
D. Upon receiving the Notice of Levy and any tax warrants issued
against the tax debtor, the bank shall deliver all of the tax
debtor's interest in the money in the tax debtor's bank account at
the time of the service of the levy, subject to the banker's lien or
right of setoff, or any other priority claim of the bank, up to the
amount of indebtedness indicated on the tax warrants plus accrued
interest pursuant to subsection A of Section 3-301 of Title 40 of the
Oklahoma Statutes and any fees for service of process, to the
representative of the Commission indicated on the Notice of Levy.
The delivery of this money shall occur within ten (10) days of the
date of service of the Notice of Levy.
E. If there is no money in the tax debtor's bank account at the
time the Notice of Levy is served, or if the bank account has been
closed, an officer of the bank on which the Notice of Levy is served
shall make a statement to that effect on the Notice of Levy. The
statement must be notarized and returned to the representative of the
Oklahoma Employment Security Commission named in the Notice of Levy.
F. The Sheriff's Department that serves the Notice of Levy on
the bank shall be entitled to a service fee of Fifty Dollars ($50.00)
that is to be paid by the Oklahoma Employment Security Commission and
added to the tax debtor's indebtedness as a fee in the latest
calendar quarter for which the tax debtor has any type of
indebtedness.
Added by Laws 1992, c. 318, § 9, eff. July 1, 1992. Amended by Laws
2012, c. 196, § 12, emerg. eff. May 8, 2012.
§40-3-510. Enforcement of bank levy.
ENFORCEMENT OF BANK LEVY. A. Any bank that fails or refuses to
surrender any money or rights to money in a bank account subject to
levy, upon being served with a Notice of Levy and supporting tax
warrants of the Oklahoma Employment Security Commission, shall be
liable to the Oklahoma Employment Security Commission in a sum equal
to the amount of money or rights to money not so surrendered, but not
exceeding the amount of the tax debtor's indebtedness for the
collection of which the levy has been made, together with accrued
interest pursuant to subsection A of Section 3-301 of this title, and
the cost of service of the Notice of Levy. Any amount recovered
under this subsection shall be credited against the liability for
taxes, interest, penalty, fees, and surcharge, for the collection of
which the levy was made.
B. Any bank in possession of money or rights to money subject to
levy, upon which a levy has been made, that surrenders such money or
rights to money to the Oklahoma Employment Security Commission shall
be discharged from any obligation or liability to the tax debtor and
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any other person or entity with respect to such money or rights to
money arising from the surrender or payment.
Added by Laws 1992, c. 318, § 10, eff. July 1, 1992.
§40-3-511. Levy upon earnings of tax debtor.
LEVY UPON EARNINGS OF TAX DEBTOR.
A. If any tax debtor shall fail to pay his or her indebtedness
to the Oklahoma Employment Security Commission after the tax debtor
has been notified of the amount due and demand for payment has been
made, it shall be lawful for the Oklahoma Employment Security
Commission to collect the amount owed by levy upon any earnings or
contract proceeds of the tax debtor.
B. To levy upon the earnings of a tax debtor or contract
proceeds owed to a tax debtor, the Oklahoma Employment Security
Commission must serve a Notice of Levy on the employer who employs
the tax debtor or the contracting entity that owes money under
contract to the tax debtor, along with the tax warrants covering all
quarters in which the tax debtor owes unemployment taxes, interest,
penalties, fees or surcharge. The levy will have the same priority,
and be subject to the same exceptions, as a continuing earnings
garnishment provided for in Section 1173.4 of Title 12 of the
Oklahoma Statutes. The following procedures will apply to a Notice
of Levy served on an employer or contracting entity:
1. The employer or contracting entity shall answer the Notice of
Levy on a form provided by the Commission. The employer or
contracting entity shall follow the procedure for answering a
continuing earnings garnishment as set out in subsection F of Section
1173.4 of Title 12 of the Oklahoma Statutes;
2. The Notice of Levy shall be a lien on the debtor's property
in the same manner as provided for in subsection G of Section 1173.4
of Title 12 of the Oklahoma Statutes. The Notice of Levy shall also
be subject to the procedures and time limits set out in subsections
H, I, J and K of Section 1173.4 of Title 12 of the Oklahoma Statutes,
except that when a document is required to be filed with the clerk of
the court, the document will instead be filed with the Commission as
directed on the forms provided;
3. The employer or contracting entity shall deliver all funds
subject to the levy up to the amount of indebtedness indicated on the
tax warrants plus accrued interest pursuant to subsection A of
Section 3-301 of this title and any fees for service of process to
the representative of the Commission indicated on the Notice of Levy.
The delivery of this money shall occur within ten (10) days of the
date the earnings or contract proceeds are due to be paid to the tax
debtor;
4. Any employer that fails or refuses to surrender money or
rights to money belonging to its employee in the employer's
possession, or that fails or refuses to make the appropriate
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deduction from wages pursuant to a levy provided for by this statute
upon being served with a Notice of Levy and supporting warrant of
levy and lien of the Commission, shall be liable to the Commission in
a sum equal to the amount of money, rights to money, or wage
deduction not so surrendered, but not exceeding the amount of the
debtor's indebtedness for the collection of which the levy has been
made, together with accrued interest and penalty pursuant to Section
3-301 of this title, and the cost of service of the Notice of Levy.
Any amount recovered in this manner shall be credited against the
liability of the debtor for which the levy was made; and
5. Any employer in possession of money or rights to money
subject to levy upon which a levy has been made that surrenders the
money or rights to money to the Commission shall be discharged from
any obligation or liability to the debtor and any other person or
entity with respect to such money or rights to money arising from the
surrender or payment.
C. Service of the Notice of Levy and tax warrants shall be made
on the employer or contracting entity in the same manner as provided
in Section 2004 of Title 12 of the Oklahoma Statutes for service of
process in civil actions.
D. The sheriff's department that serves the Notice of Levy on
the employer or contracting entity shall be entitled to a service fee
of Fifty Dollars ($50.00) that is to be paid by the Oklahoma
Employment Security Commission and added to the tax debtor's
indebtedness as a fee in the latest calendar quarter for which the
tax debtor has any type of indebtedness.
E. Claims for Exemption and any other matter related to the levy
shall be filed with the Assessment Board of the Oklahoma Employment
Security Commission. An Order of Exemption may relate back no more
than thirty (30) days before the filing of the Claim for Exemption
and shall extend no further than the expiration date or termination
of the levy. Appeal from the Assessment Board shall be governed by
the appeal procedures set out in Part 4 of Article III of the
Employment Security Act of 1980, and the Administrative Rules of the
Oklahoma Employment Security Commission pertaining thereto.
Added by Laws 2012, c. 196, § 13, emerg. eff. May 8, 2012. Amended
by Laws 2015, c. 249, § 15, eff. Nov. 1, 2015.
§40-3-512. Treasury offset program – Delinquent unemployment taxes.
TREASURY OFFSET PROGRAM – DELINQUENT UNEMPLOYMENT TAXES.
A. The Oklahoma Employment Security Commission shall be
authorized to collect state unemployment tax indebtedness established
pursuant to Article 3 of the Employment Security Act of 1980, through
the Tax Offset Program of the U.S. Department of the Treasury
pursuant to 26 U.S.C., Section 6402(f) and 31 CFR, Section 285.8.
B. Before submitting an indebtedness to the U.S. Department of
the Treasury for collection through the Tax Offset Program, the
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Oklahoma Employment Security Commission shall notify the debtor in
writing of the amount of the debt and the time period the
indebtedness accrued. The notification shall give the debtor sixty
(60) days from the date of mailing of the notice to present evidence
to the Commission that all or a part of the indebtedness is not
legally enforceable or is otherwise invalid.
C. If the debtor responds to the notice by presenting evidence,
the Commission shall evaluate the evidence and review its records of
the indebtedness. Based on this evaluation and review, the
Commission may modify the amount of the indebtedness. Once the
evaluation and review process is complete, the indebtedness shall be
submitted to the U.S. Department of Treasury for collection through
the Tax Offset Program.
D. If no evidence is presented by the debtor within the sixty-
day time period allowed by the notice, the amount of the indebtedness
will be submitted to the U.S. Department of the Treasury for
collection through the Tax Offset Program.
E. If the Oklahoma Employment Security Commission receives an
erroneous payment from the U.S. Department of the Treasury, the
Oklahoma Employment Security Commission shall return the payment to
the U.S. Department of the Treasury. If the money that was
erroneously paid to the Oklahoma Employment Security Commission had
been credited to a state unemployment tax indebtedness, that
indebtedness shall be reinstated to the amount that existed before
the payment was credited.
Added by Laws 2015, c. 249, § 16, eff. Nov. 1, 2015.
§40-3-601. Establishment of unemployment compensation fund.
ESTABLISHMENT OF UNEMPLOYMENT COMPENSATION FUND. There is hereby
established as a special fund, separate and apart from all public
moneys or funds of this state, the Unemployment Compensation Fund,
which shall be administered by the Commission exclusively for the
purpose of this act. This fund shall consist of (1) all
contributions collected pursuant to this act, together with any
interest thereon collected pursuant to this act; (2) all penalties
collected pursuant to the provisions of this act; (3) interest earned
upon any moneys in the fund; (4) any property or securities acquired
through the use of moneys belonging to the fund; (5) all earnings of
such property or securities; and (6) all other moneys received for
the fund from any other source. All moneys in the fund shall be
mingled and undivided.
Added by Laws 1980, c. 323, § 3-601, eff. July 1, 1980.
§40-3-602. State Treasurer custodian of fund.
STATE TREASURER CUSTODIAN OF FUND. The State Treasurer shall be
ex officio the treasurer and custodian of the fund who shall
administer such fund in accordance with the directions of the
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Commission and shall issue his warrants upon it in accordance with
such rules as the Commission shall prescribe.
Added by Laws 1980, c. 323, § 3-602, eff. July 1, 1980. Amended by
Laws 1993, c. 219, § 28, eff. Sept. 1, 1993.
§40-3-603. State Treasurer to maintain three accounts.
STATE TREASURER TO MAINTAIN THREE ACCOUNTS. The State Treasurer
shall maintain within the Fund three separate accounts: (1) a
clearing account, (2) an unemployment trust fund account, and (3) a
benefit account.
Added by Laws 1980, c. 323, § 3-603, eff. July 1, 1980.
§40-3-604. Clearing account.
CLEARING ACCOUNT. All monies payable to the fund, upon receipt
thereof by the Commission, shall be forwarded to the Treasurer who
shall immediately deposit them in the clearing account. Refunds
payable pursuant to this act shall be payable from the clearing
account upon warrants or electronic fund transfers issued under the
direction of the Commission.
Added by Laws 1980, c. 323, § 3-604, eff. July 1, 1980. Amended by
Laws 2010, c. 216, § 11, eff. July 1, 2010.
§40-3-605. Unemployment trust fund.
UNEMPLOYMENT TRUST FUND. After clearance thereof, all other
moneys in the clearing account shall be immediately deposited with
the Secretary of the Treasury of the United States of America to the
credit of the account of this state in the unemployment trust fund,
established and maintained pursuant to Section 904 of the Social
Security Act, as amended, any provisions of law in this state
relating to the deposit, administration, release or disbursement of
moneys in the possession or custody of this state to the contrary
notwithstanding.
Added by Laws 1980, c. 323, § 3-605, eff. July 1, 1980.
§40-3-606. Benefit account.
BENEFIT ACCOUNT. The benefit account shall consist of all moneys
requisitioned from this state's account in the unemployment trust
fund in the United States Treasury. Moneys in the clearing and
benefit account may be deposited in any depository bank in which
general funds of the state may be deposited, but no public deposit
insurance charge or premium shall be paid out of the fund. Moneys in
the clearing and benefit accounts shall not be commingled with other
state funds, but shall be maintained in separate accounts on the
books of the depository bank. Such moneys shall be secured by said
depository bank by collateral in the full amount of funds on deposit.
Such security shall consist of (1) United States Government
obligations, direct or guaranteed, and (2) direct obligations of the
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State of Oklahoma. Such collateral security shall be pledged at not
to exceed the face value of the obligation and shall be kept separate
and distinct from any collateral security pledged to secure other
funds of the state. The State Treasurer shall be liable on his
official bond for the faithful performance of his duties in
connection with the unemployment compensation fund. 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 for losses sustained by the fund shall be deposited
therein.
Added by Laws 1980, c. 323, § 3-606, eff. July 1, 1980.
§40-3-607. Requisitions from unemployment trust account.
REQUISITIONS FROM UNEMPLOYMENT TRUST ACCOUNT. Moneys
requisitioned from this state's account in the unemployment trust
fund shall be used exclusively for the payment of benefits. The
Commission shall, from time to time, requisition from the
unemployment trust fund such amounts, not exceeding the amounts
standing to this state's account therein, as it deems necessary for
the payment of such benefits for a reasonable future period. Upon
receipt thereof such moneys shall be deposited in the benefit
account.
Added by Laws 1980, c. 323, § 3-607, eff. July 1, 1980.
§40-3-608. Expenditures not subject to specific appropriation
requirements.
EXPENDITURES NOT SUBJECT TO SPECIFIC APPROPRIATION REQUIREMENTS.
(1) Expenditures of such moneys in the benefit account and refunds
from the clearing account shall not be subject to any provisions of
law requiring specific appropriations or other formal release by
state officers of money in their custody. All warrants issued for
the payment of benefits and refunds shall bear the signature of a
representative of the Commission duly authorized for that purpose.
(2) Any balance of moneys requisitioned from the unemployment
trust fund which remains unclaimed or unpaid in the benefit account
after the expiration of the period for which such sums were
requisitioned shall either be deducted from estimates for, and may be
utilized for the payment of, benefits during succeeding periods, or,
in the discretion of the Commission, shall be redeposited with the
Secretary of the Treasury of the United States of America, to the
credit of this state's account in the unemployment trust fund.
Added by Laws 1980, c. 323, § 3-608, eff. July 1, 1980.
§40-3-609. Discontinuance of unemployment trust fund.
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DISCONTINUANCE OF UNEMPLOYMENT TRUST FUND. The provisions of
this part to the extent that they relate to the unemployment trust
fund in the Treasury of the United States, shall be operative only so
long as such unemployment trust fund continues to exist and so long
as the Secretary of the Treasury of the United States of America
continues to maintain for this state a separate book account of all
funds deposited therein by this state for benefit purposes, together
with this state's proportionate share of the earnings of such
unemployment trust fund, from which no other state is permitted to
make withdrawals.
Added by Laws 1980, c. 323, § 3-609, eff. July 1, 1980.
§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.
§40-3-701. Applicability.
APPLICABILITY. The provisions of this part shall apply to the
financing of benefits to employees of the state and political
subdivisions thereof and their instrumentalities.
Added by Laws 1980, c. 323, § 3-701, eff. July 1, 1980.
§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
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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.
§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.
§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.
§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
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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.
§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.
§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.
§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
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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.
§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.
§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.
§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.
§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
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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.
§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.
§40-3-806. Payment of in-lieu contributions.
PAYMENT OF IN-LIEU CONTRIBUTIONS.
A. At the end of each calendar quarter the Oklahoma Employment
Security Commission shall notify in writing each nonprofit
organization, or the agent of a group of nonprofit organizations,
which has elected to make payments in lieu of contributions, the
amount, if any, equal to the full amount of regular benefits plus
one-half (1/2) of the amount of extended benefits paid by the
Commission during the quarter that is attributable to service in the
employ of the organization or the members of a group of the
organizations. The full amount shall include all amounts paid as
benefits that are attributable to base period wages paid by the
organization, including any benefit amounts paid in error. The
notification shall be deemed and treated as an assessment of
contributions and the payment of the amount owing shall be collected
as contributions, interest, penalty and fees, if any, are collected,
in accordance with the provisions of the Employment Security Act of
1980. The employer, or group of employers, shall have the rights and
remedies provided by the Employment Security Act of 1980 with respect
to assessments of contributions, including the right of protest,
hearing and appeal. The Commission shall make its assessment or
amend its assessment within three (3) years of the ending date of the
calendar quarter to which the assessment or amendment applies. If no
protest is filed or if filed and confirmed by the Commission or its
authorized representatives, said assessment shall be immediately due
and payable and shall bear interest after forty-five (45) days at the
rate of one percent (1%) per month until paid. If any nonprofit
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organization or group of organizations fails or refuses to pay said
assessment after same has become delinquent within forty-five (45)
days after written request has been mailed to the organization or the
agent of the group by the Commission or its representative, a penalty
of five percent (5%) of the amount due shall be added thereto,
collected and paid. In the case of group accounts, assessments and
penalty and interest provided in this subsection may be prorated in
accordance with Section 3-809 of this title. All collections made
shall be deposited in the Unemployment Compensation Fund.
B. The electing organization, or group of organizations, shall
file reports of wages paid, in the same time and manner as required
of nongovernmental employers for profit. If any electing
organization, or group of organizations, fails or refuses to file its
wage report within fifteen (15) days after written notice a penalty
of Ten Dollars ($10.00) for each day until the report is filed with a
maximum of One Hundred Dollars ($100.00) is hereby imposed against
the organization or group and shall be collected and paid.
C. Payments made by any nonprofit organization under the
provisions of this section shall not be deducted or deductible, in
whole or in part, from the remuneration of individuals in the employ
of the organization.
Added by Laws 1980, c. 323, § 3-806, eff. July 1, 1980. Amended by
Laws 1981, c. 259, § 24, emerg. eff. June 25, 1981; Laws 1990, c.
333, § 12, emerg. eff. May 31, 1990; Laws 1993, c. 219, § 29, eff.
Sept. 1, 1993; Laws 2007, c. 354, § 12, eff. Nov. 1, 2007; Laws 2010,
c. 216, § 12, eff. July 1, 2010.
§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
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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.
§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.
§40-3-809. Repealed by Laws 2017, c. 345, § 14, eff. July 1, 2017.
§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.
§40-4-101. Applicability.
APPLICABILITY. This part shall apply to the Oklahoma Employment
Security Commission.
Added by Laws 1980, c. 323, § 4-101, emerg. eff. June 13, 1980.
§40-4-102. Composition.
COMPOSITION. There is hereby created a Commission to be known as
the Oklahoma Employment Security Commission. The Commission shall
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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.
§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.
§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.
§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
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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.
§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.
§40-4-107. Quorum.
QUORUM. Any three Commissioners shall constitute a quorum. No
vacancy shall impair the right of the remaining Commissioners to
exercise all of the powers of the Commission.
Added by Laws 1980, c. 323, § 4-107, emerg. eff. June 13, 1980.
§40-4-108. Executive Director.
EXECUTIVE DIRECTOR.
A. 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 appoint in the unclassified service a Deputy
Director and an Associate Director, and shall fix the qualifications
and duties of such position. The Executive Director may also appoint
in the unclassified service secretaries to the Executive Director,
Deputy Director, and Associate Director.
B. If a person has acquired grade, rank and career status under
the merit system of personnel administration within the Oklahoma
Employment Security Commission before being appointed as Executive
Director, Deputy Director, Associate Director, or unclassified
secretary, that person shall:
1. Upon termination from the unclassified position, have the
right to be reinstated to the position within the Oklahoma Employment
Security Commission which was held prior to such appointment, or to
an equivalent position, unless the person was terminated for a reason
that would justify termination of a classified employee or disqualify
the person for reinstatement under the Oklahoma Personnel Act or the
rules implementing it; and
2. Be entitled during the unclassified appointment to continue
to participate without interruption in any fringe benefit programs
available to career employees including, but not limited to,
retirement and insurance programs.
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
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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.
§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.
§40-4-201. Applicability.
APPLICABILITY. This part shall apply to the creation,
appointment, salary and qualifications of the Board of Review.
Added by Laws 1980, c. 323, § 4-201, emerg. eff. June 13, 1980.
§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.
§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.
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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.
§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.
§40-4-205. Temporary members.
TEMPORARY MEMBERS. 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 to 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.
§40-4-301. Applicability.
APPLICABILITY. This part shall apply to the powers and duties of
the Commission.
Added by Laws 1980, c. 323, § 4-301, emerg. eff. June 13, 1980.
§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.
§40-4-303. Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,
1990.
§40-4-304. Commission to determine its own organization and
procedure.
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COMMISSION TO DETERMINE ITS OWN ORGANIZATION AND PROCEDURE. The
Commission shall determine its own organization and methods of
procedure in accordance with the provisions of this act.
Added by Laws 1980, c. 323, § 4-304, emerg. eff. June 13, 1980.
§40-4-305. Official seal.
OFFICIAL SEAL. The Commission shall have an official seal which
shall be judicially noticed.
Added by Laws 1980, c. 323, § 4-305, emerg. eff. June 13, 1980.
§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.
§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.
§40-4-308. Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,
1990.
§40-4-309. Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,
1990.
§40-4-310. Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,
1990.
§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.
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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.
§40-4-310A. Renumbered as § 4-310.1 of this title by Laws 2006, c.
176, § 29, eff. July 1, 2006.
§40-4-311. Commission shall publish rules.
COMMISSION SHALL PUBLISH RULES. The Oklahoma Employment Security
Commission shall cause to be printed for distribution to the public
the text of this act, the Commission's rules, its annual reports to
the Governor, and any other material the Commission deems relevant
and suitable and shall furnish the same to any person upon
application therefor.
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.
§40-4-312. Personnel and compensation.
PERSONNEL AND COMPENSATION. Subject to other provisions of this
act, 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 this act.
The Commission may delegate to any such persons such power and
authority as it deems reasonable and proper for the effective
administration of this act, and may in its discretion bond any person
handling moneys or signing checks hereunder. 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 such system on
the basis of efficiency and fitness. The Commission is authorized to
adopt such rules as may be necessary to meet personnel standards
promulgated by the Office of Management and Enterprise Services
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, and to provide for the maintenance of the merit
system required under this section in conjunction with any merit
system applicable to any other state agency or agencies which meets
the personnel standards promulgated by the Office of Management and
Enterprise Services.
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.
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§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.
§40-4-314. Repealed by Laws 2019, c. 251, § 14, eff. July 1, 2019.
§40-4-315. Repealed by Laws 2005, c. 182, § 15, eff. Nov. 1, 2005.
§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
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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.
§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.
§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.
§40-4-319. Recognition programs.
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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.
§40-4-401. Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.
§40-4-402. Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.
§40-4-403. Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.
§40-4-404. Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.
§40-4-405. Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.
§40-4-501. Applicability.
APPLICABILITY. This part shall apply to the maintenance and
production of work records by employers.
Added by Laws 1980, c. 323, § 4-501, emerg. eff. June 13, 1980.
§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.
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§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.
§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.
§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.
§40-4-506. Penalties for failure to attend lawful inquiries or obey
Commission subpoenas.
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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.
§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.
§40-4-508. Information to be kept confidential - Disclosure.
INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE.
A. Except as otherwise provided by law, information obtained
from any employing unit or individual pursuant to the administration
of the Employment Security Act of 1980, any workforce system program
administered or monitored by the Oklahoma Employment Security
Commission, and determinations as to the benefit rights of any
individual shall be kept confidential and shall not be disclosed or
be open to public inspection in any manner revealing the individual's
or employing unit's identity. Any claimant or employer, or agent of
either as authorized in writing, shall be supplied with information
from the records of the Oklahoma Employment Security Commission, to
the extent necessary for the proper presentation of the claim or
complaint in any proceeding under the Employment Security Act of
1980, with respect thereto.
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B. Upon receipt of written request by any employer who maintains
a Supplemental Unemployment Benefit (SUB) Plan, the Commission or its
designated representative may release to that employer information
regarding weekly benefit amounts paid its workers during a specified
temporary layoff period, provided the Supplemental Unemployment
Benefit (SUB) Plan requires benefit payment information before
Supplemental Unemployment Benefits can be paid to the workers. Any
information disclosed under this provision shall be utilized solely
for the purpose outlined herein and shall be held strictly
confidential by the employer.
C. The provisions of this section shall not prevent the
Commission from disclosing the following information and no liability
whatsoever, civil or criminal, shall attach to any member of the
Commission or any employee thereof for any error or omission in the
disclosure of this information:
1. The delivery to taxpayer or claimant a copy of any report or
other paper filed by the taxpayer or claimant pursuant to the
Employment Security Act of 1980;
2. The disclosure of information to any person for a purpose as
authorized by the taxpayer or claimant pursuant to a waiver of
confidentiality. The waiver shall be in writing and shall be
notarized;
3. The Oklahoma Department of Commerce may have access to data
obtained pursuant to the Employment Security Act of 1980 pursuant to
rules promulgated by the Commission. The information obtained shall
be held confidential by the Department and any of its agents and
shall not be disclosed or be open to public inspection. The Oklahoma
Department of Commerce, however, may release aggregated data, either
by industry or county, provided that the aggregation meets disclosure
requirements of the Commission;
4. The publication of statistics so classified as to prevent the
identification of a particular report and the items thereof;
5. The disclosing of information or evidence to the Attorney
General or any district attorney when the information or evidence is
to be used by the officials or other parties to the proceedings to
prosecute or defend allegations of violations of the Employment
Security Act of 1980. The information disclosed to the Attorney
General or any district attorney shall be kept confidential by them
and not be disclosed except when presented to a court in a
prosecution of a violation of Section 1-101 et seq. of this title,
and a violation by the Attorney General or district attorney by
otherwise releasing the information shall be a felony;
6. The furnishing, at the discretion of the Commission, of any
information disclosed by the records or files to any official person
or body of this state, any other state or of the United States who is
concerned with the administration of assessment of any similar tax in
this state, any other state or the United States;
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7. The furnishing of information to other state agencies for the
limited purpose of aiding in the collection of debts owed by
individuals to the requesting agencies or the Oklahoma Employment
Security Commission;
8. The release to employees of the Department of Transportation
or any Metropolitan Planning Organization as defined in 23 U.S.C.,
Section 134 and 49 U.S.C., Section 5303 of information required for
use in federally mandated regional transportation planning, which is
performed as a part of its official duties;
9. The release to employees of the State Treasurer's office of
information required to verify or evaluate the effectiveness of the
Oklahoma Small Business Linked Deposit Program on job creation;
10. The release to employees of the Attorney General, the
Department of Labor, the Workers' Compensation Commission, and the
Insurance Department for use in investigation of workers'
compensation fraud;
11. The release to employees of any Oklahoma state, Oklahoma
county, Oklahoma municipal or Oklahoma tribal law enforcement agency
for use in criminal investigations and the location of missing
persons or fugitives from justice;
12. The release to employees of the Center of International
Trade, Oklahoma State University, of information required for the
development of International Trade for employers doing business in
the State of Oklahoma;
13. The release to employees of the Oklahoma State Regents for
Higher Education of information required for use in the default
prevention efforts and/or collection of defaulted student loans
guaranteed by the Oklahoma Guaranteed Student Loan Program. Any
information disclosed under this provision shall be utilized solely
for the purpose outlined herein and shall be held strictly
confidential by the Oklahoma State Regents for Higher Education;
14. The release to employees of the Center for Economic and
Management Research of the University of Oklahoma, the Center for
Economic and Business Development at Southwestern Oklahoma State
University, or a center of economic and business research or
development at a comprehensive or regional higher education
institution within The Oklahoma State System of Higher Education of
information required to identify economic trends. The information
obtained shall be kept confidential by the higher education
institution and shall not be disclosed or be open to public
inspection. The higher education institution may release aggregated
data, provided that the aggregation meets disclosure requirements of
the Commission;
15. The release to employees of the Office of Management and
Enterprise Services of information required to identify economic
trends. The information obtained shall be kept confidential by the
Office of Management and Enterprise Services and shall not be
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disclosed or be open to public inspection. The Office of Management
and Enterprise Services may release aggregate data, provided that the
aggregation meets disclosure requirements of the Commission;
16. The release to employees of the Department of Mental Health
and Substance Abuse Services of information required to evaluate the
effectiveness of mental health and substance abuse treatment and
state or local programs utilized to divert persons from inpatient
treatment. The information obtained shall be kept confidential by
the Department and shall not be disclosed or be open to public
inspection. The Department of Mental Health and Substance Abuse
Services, however, may release aggregated data, either by treatment
facility, program or larger aggregate units, provided that the
aggregation meets disclosure requirements of the Oklahoma Employment
Security Commission;
17. The release to employees of the Attorney General, the
Oklahoma State Bureau of Investigation, and the Insurance Department
for use in the investigation of insurance fraud and health care
fraud;
18. The release to employees of public housing agencies for
purposes of determining eligibility pursuant to 42 U.S.C., Section
503(i);
19. The release of wage and benefit claim information, at the
discretion of the Commission, to an 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.A., Section 3151(b)(1),
based on a showing of need made to the Commission and after an
agreement concerning the release of information is entered into with
the entity receiving the information;
20. The release of information to the State Wage Interchange
System, at the discretion of the Commission;
21. The release of information to the Bureau of the Census of
the U.S. Department of Commerce for the purpose of economic and
statistical research;
22. The release of employer tax information and benefit claim
information to the Oklahoma Health Care Authority for use in
determining eligibility for a program that will provide subsidies for
health insurance premiums for qualified employers, employees, self-
employed persons, and unemployed persons;
23. The release of employer tax information and benefit claim
information to the State Department of Rehabilitation Services for
use in assessing results and outcomes of clients served;
24. The release of information to any state or federal law
enforcement authority when necessary in the investigation of any
crime in which the Commission is a victim. Information that is
confidential under this section shall be held confidential by the law
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enforcement authority unless and until it is required for use in
court in the prosecution of a defendant in a criminal prosecution;
25. The release of information to vendors that contract with the
Oklahoma Employment Security Commission to provide for the issuance
of debit cards, to conduct electronic fund transfers, to perform
computer programming operations, or to perform computer maintenance
or replacement operations; provided the vendor agrees to protect and
safeguard the information it receives and to destroy the information
when no longer needed for the purposes set out in the contract;
26. The release to employees of the Office of Juvenile Affairs
of information for use in assessing results and outcomes of clients
served as well as the effectiveness of state and local juvenile and
justice programs including prevention and treatment programs. The
information obtained shall be kept confidential by the Office of
Juvenile Affairs and shall not be disclosed or be open to public
inspection. The Office of Juvenile Affairs may release aggregated
data for programs or larger aggregate units, provided that the
aggregation meets disclosure requirements of the Oklahoma Employment
Security Commission;
27. The release of information to vendors that contract with the
State of Oklahoma for the purpose of providing a public electronic
labor exchange system that will support the Oklahoma Employment
Security Commission's operation of an employment service system to
connect employers with job seekers and military veterans. This labor
exchange system would enhance the stability and security of
Oklahoma's economy as well as support the provision of veterans'
priority of service. The vendors may perform computer programming
operations, perform computer maintenance or replacement operations,
or host the electronic solution; provided each vendor agrees to
protect and safeguard all information received, that no information
shall be disclosed to any third party, that the use of the
information shall be restricted to the scope of the contract, and
that the vendor shall properly dispose of all information when no
longer needed for the purposes set out in the contract; or
28. The release of employer tax information and benefit claim
information to employees of a county public defender's office in the
State of Oklahoma and the Oklahoma Indigent Defense System for the
purpose of determining financial eligibility for the services
provided by such entities.
D. Subpoenas to compel disclosure of information made
confidential by this statute shall not be valid, except for
administrative subpoenas issued by federal, state, or local
governmental agencies that have been granted subpoena power by
statute or ordinance. Confidential information maintained by the
Commission can be obtained by order of a court of record that
authorizes the release of the records in writing. All administrative
subpoenas or court orders for production of documents must provide a
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minimum of twenty (20) days from the date it is served for the
Commission to produce the documents. If the date on which production
of the documents is required is less than twenty (20) days from the
date of service, the subpoena or order shall be considered void on
its face as an undue burden or hardship on the Commission. All
administrative subpoenas, court orders or notarized waivers of
confidentiality authorized by paragraph 2 of subsection C of this
section shall be presented with a request for records within ninety
(90) days of the date the document is issued or signed, and the
document can only be used one time to obtain records.
E. Should any of the disclosures provided for in this section
require more than casual or incidental staff time, the Commission
shall charge the cost of the staff time to the party requesting the
information.
F. It is further provided that the provisions of this section
shall be strictly interpreted and shall not be construed as
permitting the disclosure of any other information contained in the
records and files of the Commission.
Added by Laws 1980, c. 323, § 4-508, emerg. eff. June 13, 1980.
Amended by Laws 1981, c. 259, § 26, emerg. eff. June 25, 1981; Laws
1982, c. 304, § 23, operative Oct. 1, 1982; Laws 1984, c. 251, § 1,
emerg. eff. May 29, 1984; Laws 1990, c. 235, § 3, eff. Sept. 1, 1990;
Laws 1993, c. 349, § 35, eff. Sept. 1, 1993; Laws 1994, c. 195, § 8,
emerg. eff. May 16, 1994; Laws 1995, c. 340, § 20, eff. July 1, 1995;
Laws 1997, c. 30, § 20, eff. July 1, 1997; Laws 1997, c. 359, § 15,
eff. July 1, 1997; Laws 2000, c. 348, § 3, eff. Nov. 1, 2000; Laws
2001, c. 363, § 28, eff. July 1, 2001; Laws 2002, c. 452, § 26, eff.
Nov. 1, 2002; Laws 2003, c. 177, § 8, eff. Nov. 1, 2003; Laws 2005,
c. 182, § 12, eff. Nov. 1, 2005; Laws 2006, c. 176, § 27, eff. July
1, 2006; Laws 2007, c. 354, § 15, eff. Nov. 1, 2007; Laws 2010, c.
216, § 13, eff. July 1, 2010; Laws 2010, c. 330, § 1, eff. July 1,
2010; Laws 2011, c. 256, § 15; Laws 2012, c. 196, § 15, emerg. eff.
May 8, 2012; Laws 2012, c. 304, § 132; Laws 2014, c. 220, § 10, eff.
Nov. 1, 2014; Laws 2014, c. 282, § 1, eff. Nov. 1, 2014; Laws 2015,
c. 249, § 19, eff. Nov. 1, 2015; Laws 2017, c. 345, § 6, eff. July 1,
2017; Laws 2019, c. 251, § 10, eff. July 1, 2019.
NOTE: Laws 1997, c. 133, § 453 repealed by Laws 1999, 1st Ex. Sess.,
c. 5, § 452, eff. July 1, 1999. Laws 2002, c. 160, § 1 repealed by
Laws 2003, c. 3, § 19, emerg. eff. March 19, 2003.
§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
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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.
§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
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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.
§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.
§40-4-601. Applicability.
APPLICABILITY. This part shall apply to the Employment Security
Administration Fund.
Added by Laws 1980, c. 323, § 4-601, emerg. eff. June 13, 1980.
§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.
§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.
§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
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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.
§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.
§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.
§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
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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.
§40-4-608. Reed Act distributions.
REED ACT DISTRIBUTIONS.
A. Monies credited to the account of this state in the
Unemployment Trust Fund, described in Section 3-605 of this title, by
the Secretary of the Treasury of the United States pursuant to 42
U.S.C., Section 1103, may be used for the payment of unemployment
benefits to qualified claimants in this state, or may be appropriated
by the Legislature following the procedure set out in 42 U.S.C.,
Section 1103 (c)(2), for the administration of the unemployment
compensation law and public employment offices in this state.
B. Monies credited to the account of this state in the
Unemployment Trust Fund, described in Section 3-605 of this title, by
the Secretary of the Treasury of the United States pursuant to 42
U.S.C., Section 1103, with respect to federal fiscal years 1999,
2000, and 2001, shall be used solely for the administration of the
Unemployment Compensation Program in this state.
Added by Laws 1998, c. 161, § 13, eff. July 1, 1998. Amended by Laws
2002, c. 452, § 28, eff. Nov. 1, 2002.
§40-4-701. Applicability.
APPLICABILITY. This part shall apply to reciprocal arrangements
with agencies of other states, of the federal government, or with
foreign governments.
Added by Laws 1980, c. 323, § 4-701, emerg. eff. June 13, 1980.
§40-4-702. Reciprocal arrangements authorized.
RECIPROCAL ARRANGEMENTS AUTHORIZED. The Commission is hereby
authorized to enter into reciprocal arrangements with appropriate and
duly authorized agencies of other states or of the federal
government, or both, whereby:
1. Services performed by an individual for a single employing
unit for which services are customarily performed in more than one
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state shall be deemed to be services performed entirely within any
one of the states in which:
a. any parts of such individual's service is performed,
b. such individual has his residence, or
c. the employing unit maintains a place of business,
provided there is in effect, as to such services, an election,
approved by the agency charged with the administration of such
state's unemployment compensation law, pursuant to which all the
services performed by such individual for such employing unit are
deemed to be performed entirely within such state;
2. The Commission shall cooperate with the Department of Labor
of the United States to the fullest extent consistent with the
provisions of this act, and shall 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 the Social Security Act,
42 U.S.C., Section 301 et seq., that relate to unemployment
compensation, the Federal Unemployment Tax Act, 26 U.S.C., Section
3301 et seq., the Wagner-Peyser Act, 29 U.S.C., Section 49 et seq.,
the Federal-State Extended Unemployment Compensation Act of 1970, 26
U.S.C., Section 3304 et seq., the Workforce Investment Act of 1998,
29 U.S.C., Section 2801 et seq., and any federal comprehensive
manpower act and any other similar or related federal acts;
3. The Commission shall participate in any arrangements for the
payment of compensation on the basis of combining an individual's
wages and employment covered under said Oklahoma Employment Security
Act, as amended by this act, with his wages and employment covered
under the unemployment compensation laws of other states which are
approved by the United States Secretary of Labor in consultation with
the state unemployment compensation agencies as reasonably calculated
to assure the prompt and full payment of compensation in such
situations and which include provisions for:
a. applying the base period of a single state law to a
claim involving the combining of an individual's wages
and employment covered under two or more state
unemployment compensation laws, and
b. avoiding the duplicate use of wage and employment by
reason of such combining; and
4. Contributions due under this act with respect to wages for
insured work shall for the purposes of this act be deemed to have
been paid to the fund as of the date payment was made as
contributions therefor under another state or federal unemployment
compensation law, but no such arrangement shall be entered into
unless it contains provisions for such reimbursement to the fund of
such contributions and the actual earnings thereon as the Commission
finds will be fair and reasonable as to all affected interests.
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Added by Laws 1980, c. 323, § 4-702, emerg. eff. June 13, 1980.
Amended by Laws 1993, c. 219, § 35, eff. Sept. 1, 1993; Laws 2010, c.
216, § 14, eff. July 1, 2010.
§40-4-703. Reimbursements to be deemed benefits.
REIMBURSEMENTS TO BE DEEMED BENEFITS. Reimbursements paid from
the fund pursuant to subsection (3) of Section 4-702 of this act
shall be deemed to be benefits for the purpose of this act. The
Commission is authorized to make to other state or federal agencies
and to receive from such other state or federal agencies
reimbursements from or to the fund in accordance with arrangements
entered into pursuant to Section 4-702 of this act.
Added by Laws 1980, c. 323, § 4-703, emerg. eff. June 13, 1980.
§40-4-704. Cooperation authorized.
COOPERATION AUTHORIZED. The administration of this act and of
other state and federal unemployment compensation and public
employment service laws will be promoted by cooperation between this
state and such other states and the appropriate federal agencies in
exchanging services, and making available facilities and information.
The Commission is therefore authorized to make such investigations,
secure and transmit such information, make available such services
and facilities and exercise such of the other powers provided herein
with respect to the administration of this act as it deems necessary
or appropriate to facilitate the administration of any such
unemployment compensation or public employment service law, and, in
like manner, to accept and utilize information, services and
facilities made available to this state by the agency charged with
the administration of any such other unemployment compensation or
public employment service law.
Added by Laws 1980, c. 323, § 4-704, emerg. eff. June 13, 1980.
§40-4-705. Cooperative arrangements with foreign governments.
COOPERATIVE ARRANGEMENTS WITH FOREIGN GOVERNMENTS. To the extent
permissible under the laws and Constitution of the United States, the
Commission is authorized to enter into or cooperate in arrangements
whereby facilities and services provided under the unemployment
compensation law of any foreign government, may be utilized for the
taking of claims and the payment of benefits under the employment
security law of this state or under a similar law of such government.
Added by Laws 1980, c. 323, § 4-705, emerg. eff. June 13, 1980.
§40-4-801. Applicability.
APPLICABILITY. This part applies to the Oklahoma State
Employment Service.
Added by Laws 1980, c. 323, § 4-801, emerg. eff. June 13, 1980.
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§40-4-802. Establishment.
ESTABLISHMENT. The Oklahoma State Employment Service is hereby
established in the Employment Security Division of the Commission.
The Commission, in the conduct of such service, shall establish and
maintain free public employment offices in such number and in such
places as may be necessary for the proper administration of this act
and for the purposes of performing such functions as are within the
purview of the Act of Congress entitled "An Act to provide for the
establishment of a national employment system and for cooperation
with the States in the promotion of such system, and for other
purposes," approved June 6, 1933, (48 Stat. 113; U.S.C., title 29,
Section 49 (c)) as amended, hereinafter referred to as the "Wagner-
Peyser Act." The provisions of the said Act of Congress are hereby
accepted by this state, and the Commission is hereby designated and
constituted the agency of this state for the purposes of said act.
Added by Laws 1980, c. 323, § 4-802, emerg. eff. June 13, 1980.
§40-4-803. Moneys to be paid into the Employment Security
Administration.
MONEYS TO BE PAID INTO THE EMPLOYMENT SECURITY ADMINISTRATION
FUND. All moneys received by this state under the Wagner-Peyser Act
shall be paid into the Employment Security Administration Fund and
shall be expended solely for the maintenance of the state system of
public employment offices.
Added by Laws 1980, c. 323, § 4-803, emerg. eff. June 13, 1980.
§40-4-804. Cooperative agreements.
COOPERATIVE AGREEMENTS. For the purpose of establishing and
maintaining free public employment offices, and promoting the use of
their facilities, the Commission is authorized to enter into
agreements with the Railroad Retirement Board, or any other agency of
the United States, or of this or any other state, charged with the
administration of any law whose purposes are reasonably related to
the purposes of this act, and as a part of such agreements may accept
moneys, services or quarters as a contribution to the maintenance of
the state system of public employment offices or as reimbursement for
services performed. All moneys received for such purposes shall be
paid into the Employment Security Administration Fund.
Added by Laws 1980, c. 323, § 4-804, emerg. eff. June 13, 1980.
§40-4-901. Oklahoma Employment Security Commission Revolving Fund.
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Employment Security Commission, to be designated the
"Oklahoma Employment Security Commission Revolving Fund". The
revolving fund shall consist of all penalties and interest received
by the Oklahoma Employment Security Commission. Said revolving fund
shall be a continuing fund, not subject to fiscal year limitations
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and shall not be subject to legislative appropriation. Expenditures
from said revolving fund shall be made pursuant to the laws of this
state and the statutes relating to the Oklahoma Employment Security
Commission and shall be for administration expenses of the Oklahoma
Employment Security Commission and for any other purpose which the
Legislature directs. Warrants for expenditures from said fund shall
be drawn by the State Treasurer, based on claims signed by an
authorized employee or employees of the Oklahoma Employment Security
Commission and approved for payment by the Director of the Office of
Management and Enterprise Services.
Added by Laws 1986, c. 205, § 10, emerg. eff. June 6, 1986. Amended
by Laws 1989, c. 313, § 10, operative July 1, 1989; Laws 2012, c.
304, § 133.
§40-5-101. Applicability.
APPLICABILITY. This part applies to penalties for violations of
this act.
Added by Laws 1980, c. 323, § 5-101, eff. July 1, 1980.
§40-5-102. False statement for benefits, failure to disclose
material fact.
FALSE STATEMENT FOR BENEFITS, FAILURE TO DISCLOSE MATERIAL FACT.
A. Whoever makes a false statement or representation knowing it
to be false or knowingly fails to disclose a material fact, to obtain
or increase any benefit or other payment under this act or under the
unemployment compensation law of any state or of the federal
government, either for the individual or for any other person, shall,
upon conviction, be guilty of a misdemeanor and shall be punished by
a fine of not less than Fifty Dollars ($50.00) nor more than Five
Hundred Dollars ($500.00), or by imprisonment for not more than
ninety (90) days, or by both such fine and imprisonment; and each
such false statement or representation or failure to disclose a
material fact shall constitute a separate offense for each week of
benefits.
B. If a person is convicted of the crime described in subsection
A of this section in a particular benefit year, and in any subsequent
benefit year that person again commits the crime described in
subsection A of this section, that person shall be guilty of a
misdemeanor and shall be punished by a fine of not less than One
Hundred Dollars ($100.00) nor more than One Thousand Dollars
($1,000.00), or by imprisonment for not more than one hundred eighty
(180) days, or by both fine and imprisonment. Each such false
statement or representation or failure to disclose a material fact
shall constitute a separate offense for each week of benefits.
C. Upon conviction sentences may be suspended or upon a plea of
guilty judgment and sentencing may be deferred only upon the
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condition of full restitution to the Commission of all benefits so
obtained or the excess of any benefits so increased.
Added by Laws 1980, c. 323, § 5-102, eff. July 1, 1980. Amended by
Laws 2002, c. 452, § 29, eff. Nov. 1, 2002.
§40-5-103. Violations by employers.
VIOLATIONS BY EMPLOYERS. Any employer or any officer or agent of
an employer or any other person who makes a false statement or
representation knowing it to be false, or who knowingly fails to
disclose a material fact, to prevent or reduce the payment of
benefits to any individual entitled thereto, or to avoid becoming or
remaining a subject employer or to avoid or reduce any contribution
or other payment required from an employing unit under this act or
under the unemployment compensation law of any state or of the
federal government, or who willfully fails or refuses to make or to
furnish any reports required hereunder or to produce or permit the
inspection or copying of records as required hereunder, shall be
guilty of a misdemeanor and shall be punished by a fine of not less
than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment for not longer than ninety (90) days,
or by both fine and imprisonment; and each such false statement or
representation or failure to disclose a material fact, and each day
of such failure or refusal shall constitute a separate offense.
Added by Laws 1980, c. 323, § 5-103, eff. July 1, 1980.
§40-5-104. Violations of act, and regulations for which no specific
penalty is otherwise provided.
VIOLATIONS OF ACT, AND REGULATIONS FOR WHICH NO SPECIFIC PENALTY
IS OTHERWISE PROVIDED. Any person who shall willfully violate any
provision of this act or any order, rule, or regulation thereunder,
the violation of which is made unlawful or the observance of which is
required under the terms of this act, and for which a penalty is
neither prescribed in this act nor provided by any other applicable
statute, shall be guilty of a misdemeanor and shall be punished by a
fine of not less than Fifty Dollars ($50.00) nor more than Five
Hundred Dollars ($500.00), or by imprisonment for not longer than
ninety (90) days, or by both such fine and imprisonment, and each day
such violation continues shall be deemed to be a separate offense.
Added by Laws 1980, c. 323, § 5-104, eff. July 1, 1980.
§40-5-107. Wrongful disclosure of information.
WRONGFUL DISCLOSURE OF INFORMATION. If any employee or member of
the Board of Review or the Commission or any employee of the
Commission, in violation of Section 4-508, makes any disclosure of
information obtained from any employing unit or individual in the
administration of this act, or if any person who has obtained any
list of applicants for work, or of claimants or recipients of
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benefits, under this act shall use or permit the use of such list for
any political purpose, he shall be guilty of a misdemeanor and shall
be punished by a fine of not less than Fifty Dollars ($50.00) nor
more than Five Hundred Dollars ($500.00), or imprisoned for not
longer than ninety (90) days, or both.
Added by Laws 1980, c. 323, § 5-107, eff. July 1, 1980.
§40-5-108. Other penalties in this act.
OTHER PENALTIES IN THIS ACT.
Other penalties are provided in the following sections of this
title:
Employer violations of employee rights - Section 2-301
Impermissible charges to claimants - Section 2-302
Disqualification of benefit claims for fraud - Section 2-402
Recovery of benefits paid upon false statement - Section 2-613
SUTA dumping prohibition - Section 3-111.1
Fraud overpayment penalty – Section 2-613
Added by Laws 1980, c. 323, § 5-108, eff. July 1, 1980. Amended by
Laws 2005, c. 182, § 13, eff. Nov. 1, 2005; Laws 2012, c. 196, § 16,
emerg. eff. May 8, 2012.
§40-5-109. Renumbered as § 3-310 of this title by Laws 1993, c. 219,
§ 36, eff. Sept. 1, 1993.
§40-5-201. Applicability.
APPLICABILITY. The provisions of this part apply to
representation in court in civil or criminal actions of this act.
Added by Laws 1980, c. 323, § 5-201, eff. July 1, 1980.
§40-5-202. Civil actions.
CIVIL ACTIONS. In any civil action to enforce the provisions of
this act the Commission, the Board of Review, and the state may be
represented by any qualified attorney who is employed by the
Commission and is designated by it for this purpose, or at the
Commission's request by the Attorney General, or if the action is
brought in the courts of any other state by any attorney qualified to
appear in the courts of that state.
Added by Laws 1980, c. 323, § 5-202, eff. July 1, 1980.
§40-5-203. Criminal actions.
CRIMINAL ACTIONS. All criminal actions for violation of any
provisions of this act, or of any rules or regulations issued
pursuant thereto, shall be prosecuted by the Attorney General of the
state, or by the prosecuting attorney of any county in which the
employing unit has a place of business or the violator resides.
Added by Laws 1980, c. 323, § 5-203, eff. July 1, 1980.
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§40-6-101. OESC Computer Fund.
OESC COMPUTER FUND.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Employment Security Commission to be designated
the "OESC Computer Fund". The OESC Computer Fund shall be separate
and distinct from the Unemployment Compensation Fund and shall
consist of:
1. All monies received from employers and paid pursuant to
Section 6-104 of this title;
2. All other sums, from whatever source, received by the
Commission and paid into the OESC Computer Fund; and
3. Property and securities acquired by and through the use of
monies in the OESC Computer Fund.
B. The OESC Computer Fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of the OESC Computer Fund are hereby appropriated and may be
budgeted and expended for the purposes set forth in Section 6-102 of
this title. Expenditures from the OESC Computer Fund shall be made
upon warrants issued by the State Treasurer against claims filed, as
prescribed by law, with the Director of the Office of Management and
Enterprise Services for approval and payment.
Added by Laws 1997, c. 391, § 4, eff. July 1, 1997. Amended by Laws
2012, c. 304, § 134.
§40-6-102. Expenditures from fund.
EXPENDITURES FROM FUND.
A. The monies in the OESC Computer Fund shall be used for the
following purposes:
1. To purchase or lease a new computer system for the Oklahoma
Employment Security Commission to be used in its mission to provide
an employment service, unemployment insurance, and economic research
for the citizens of this state as well as the administration of these
programs;
2. To purchase or lease any auxiliary or peripheral equipment
necessary for the operation of the new computer system;
3. To purchase or lease any and all software needed for the
operation of the new computer system;
4. To pay for all computer programming and analysis necessary to
make the new computer system operational;
5. To pay for all designing, engineering, planning, networking,
and training to make the new computer system operational;
6. To pay for all shipping and installation charges for the
computer system and its auxiliary and peripheral equipment; and
7. To make refunds of contributions erroneously collected and
deposited in the OESC Computer Fund.
B. If any money remains in this fund after the new computer
system has been brought on line and made fully operational, that
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excess money shall be transferred to the Unemployment Compensation
Fund.
C. If the Commission receives a grant from the United States
Department of Labor to be used to make the Commission's computer
system compliant with the year 2000, or if the Commission receives a
grant from the United States Department of Labor to upgrade or modify
its Interactive Voice Response System (IVRS), then the Commission
will, upon receipt of the federal grant money, deduct an equal amount
of money from the OESC Computer Fund and transfer it to the
Unemployment Compensation Fund.
Added by Laws 1997, c. 391, § 5, eff. July 1, 1997.
§40-6-103. Custodian and treasurer of fund.
CUSTODIAN AND TREASURER OF FUND.
A. The State Treasurer shall be the custodian and treasurer of
the OESC Computer Fund.
B. The State Treasurer shall deposit the monies belonging to the
OESC Computer Fund, that are in his or her custody, subject to the
provisions of Section 7 of this act.
C. The State Treasurer, as custodian of the OESC Computer Fund,
shall hold, invest, transfer, sell, deposit, and release those
monies, properties, or securities in a manner approved by the
Oklahoma Employment Security Commission. Provided, however, that
those monies shall be invested in the classes of securities legal for
investment of public monies of this state. Provided further, the
investment shall at all times be so made that all assets of the OESC
Computer Fund shall always be readily convertible into cash when
needed for any expenditure authorized in Section 5 of this act.
Added by Laws 1997, c. 391, § 6, eff. July 1, 1997.
§40-6-104. Computer fund assessments.
COMPUTER FUND ASSESSMENTS.
A. 1. For the period from July 1, 1997, to June 30, 1998, each
employer subject to the provisions of Sections 3-103, 3-109 and 3-110
of Title 40 of the Oklahoma Statutes shall be required to pay an OESC
Computer Fund assessment equal to fifty percent (50%) of the
unemployment contributions that would be owed to the Oklahoma
Employment Security Commission before any rate reduction is made
pursuant to Section 3 of this act. This assessment shall be in
addition to any contribution which that employer is required to make
pursuant to the provisions of the Employment Security Act of 1980.
2. The assessment provided for in this section shall not be
considered part of any contribution required of an individual
employer pursuant to the Employment Security Act of 1980, nor shall
it be considered for purposes of determining the individual employers
contribution rate.
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B. Employers assigned a tax rate pursuant to Sections 3-103 and
3-110 of Title 40 of the Oklahoma Statutes shall pay an OESC Computer
Fund assessment equal to the rate reduction granted them pursuant to
Section 3 of this act.
C. Employers who qualify for an earned rate calculated pursuant
to Section 3-109 of Title 40 of the Oklahoma Statutes, and are given
a rate of five and one-half percent (5.5%), shall be exempt from the
provisions of this section.
D. Employers making payments in lieu of contributions pursuant
to Sections 3-702, 3-705 and 3-806 of Title 40 of the Oklahoma
Statutes shall be exempt from the provisions of this section.
E. The assessment shall be made and collected by the Oklahoma
Employment Security Commission for deposit, on a quarterly basis, to
the credit of the OESC Computer Fund. Provided, all monies received
by the Oklahoma Employment Security Commission for the account of the
OESC Computer Fund, upon receipt, shall be deposited in a clearance
account in a financial institution located in this state.
F. Once the sum of Twenty Million Dollars ($20,000,000.00) is
collected through this assessment, any amount of money collected
through this assessment in excess of Twenty Million Dollars
($20,000,000.00) shall be transferred to the Unemployment
Compensation Fund.
G. The Oklahoma Employment Security Commission shall promulgate
such rules as may be necessary to implement the provisions of
Sections 3 through 7 of this act.
Added by Laws 1997, c. 391, § 7, eff. July 1, 1997.
§40-6-201. OESC Technology Fund.
OESC TECHNOLOGY FUND.
A. There is hereby created in the State Treasury a revolving
fund for the Oklahoma Employment Security Commission to be designated
the "OESC Technology Fund". The OESC Technology Fund shall be
separate and distinct from the Unemployment Compensation Fund and
shall consist of:
1. All monies received from employers and paid pursuant to
Section 6-204 of this title; and
2. Financial instruments, certificates of deposit, bonds and
securities acquired by and through the use of monies in the OESC
Technology Fund.
B. The OESC Technology Fund shall be a continuing fund, not
subject to fiscal year limitations. All monies accruing to the
credit of the OESC Technology Fund are hereby appropriated and shall
be budgeted and expended solely for the purposes of modernizing the
business processes and technology of the Oklahoma Employment Security
Commission as set forth in Section 6-202 of this title. Expenditures
from the OESC Technology Fund shall be made upon warrants issued by
the State Treasurer against claims filed, as prescribed by law, with
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the Director of the Office of Management and Enterprise Services for
approval and payment.
Added by Laws 2017, c. 345, § 9, eff. July 1, 2017. Amended by Laws
2019, c. 251, § 11, eff. July 1, 2019.
§40-6-202. Expenditures from fund.
EXPENDITURES FROM FUND.
A. The monies in the OESC Technology Fund shall be used for the
following purposes:
1. To purchase or lease new technology systems hardware for the
Oklahoma Employment Security Commission to be used in its mission to
provide employment services, unemployment insurance and economic
research for the citizens of this state as well as the administration
of these programs;
2. To purchase or lease any auxiliary or peripheral equipment
necessary for the operation of the new technology systems;
3. To pay for the maintenance of all OESC technology system
hardware;
4. To purchase or lease any and all software needed for the
operation of the new technology systems;
5. To pay for all OESC technology system software license fees;
6. To pay for all programming and analysis necessary to make the
new technology system operational;
7. To pay for all testing, designing, engineering, planning,
networking and training to make the new technology system
operational;
8. To pay for all shipping and installation charges for the
technology system and its auxiliary and peripheral equipment;
9. To contract with vendors and hire personnel as necessary to
accomplish the modernization effort;
10. To analyze business processes and develop requirements for
Requests for Proposals;
11. To fund project planning, project management, strategy
development and project consulting services; and
12. To make refunds of money erroneously collected and deposited
in the OESC Technology Fund.
B. The total expenditures from the OESC Technology Fund shall
not exceed Thirty-nine Million Dollars ($39,000,000.00) between
January 1, 2018, and December 31, 2022, without legislative
authority. Prior to expenditures authorized by paragraphs 1, 4, 6,
7, 9, 10 and 11 of subsection A of this section, the Chief
Information Officer of the Office of Management and Enterprise
Services shall be consulted for recommendations. The Office of
Management and Enterprise Services shall provide periodic oversight
of the technology modernization efforts and may assist the Oklahoma
Employment Security Commission in any manner necessary to accomplish
the purposes of this fund, including requiring the Oklahoma
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Employment Security Commission provide regular reports to the Office
of Management and Enterprise Services on the technology modernization
efforts.
C. If any money remains in this fund after the new technology
system has been brought online and made fully operational, that
excess money shall be transferred to the Unemployment Compensation
Fund.
Added by Laws 2017, c. 345, § 10, eff. July 1, 2017.
§40-6-203. Custodian and treasurer of fund.
CUSTODIAN AND TREASURER OF FUND.
A. The State Treasurer shall be the custodian and treasurer of
the OESC Technology Fund.
B. The State Treasurer shall deposit the monies belonging to the
OESC Technology Fund that are in his or her custody subject to the
provisions of Section 6-204 of this title.
C. The State Treasurer, as custodian of the OESC Technology
Fund, shall hold, invest, transfer, sell, deposit and release those
monies, properties or securities in a manner approved by the Oklahoma
Employment Security Commission. Provided, however, that those monies
shall be invested in the classes of securities legal for investment
of public monies of this state. Provided further, the investment
shall at all times be so made that all assets of the OESC Technology
Fund shall always be readily convertible into cash when needed for
any expenditure authorized in Section 6-202 of this title.
Added by Laws 2017, c. 345, § 11, eff. July 1, 2017. Amended by Laws
2019, c. 251, § 12, eff. July 1, 2019.
§40-6-204. Technology reinvestment apportionment.
TECHNOLOGY REINVESTMENT APPORTIONMENT.
A. 1. For the period from January 1, 2018, to December 31,
2022, each employer subject to the provisions of Sections 3-109, 3-
110.1 and 3-113 of Title 40 of the Oklahoma Statutes shall be
required to pay an OESC Technology Reinvestment Apportionment equal
to five percent (5%) of the unemployment taxes that would be owed to
the Oklahoma Employment Security Commission before any rate reduction
is made pursuant to Section 3-109.3 of this title. This
apportionment shall be in addition to any contribution which that
employer is required to make pursuant to the provisions of the
Employment Security Act of 1980.
2. The apportionment provided for in this section shall not be
considered part of any unemployment taxes required of an individual
employer pursuant to the Employment Security Act of 1980, nor shall
it be considered for purposes of determining the individual
employer's tax rate.
B. Employers assigned a tax rate pursuant to Section 3-110.1 of
Title 40 of the Oklahoma Statutes shall pay an OESC Technology
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Reinvestment Apportionment equal to the rate reduction granted them
pursuant to Section 3-109.3 of this title.
C. Employers who qualify for an earned tax rate calculated
pursuant to Section 3-109 of this title, and are given the highest
tax rate in the rate table for the given year, shall be exempt from
the provisions of this section.
D. Employers making payments in lieu of contributions pursuant
to Sections 3-702, 3-705 and 3-806 of this title shall be exempt from
the provisions of this section.
E. The apportionment shall be made and collected by the Oklahoma
Employment Security Commission for deposit, on a monthly basis, to
the credit of the OESC Technology Fund. Provided, all monies
received by the Oklahoma Employment Security Commission for the
account of the OESC Technology Fund, upon receipt, shall be deposited
in a clearance account.
F. The Oklahoma Employment Security Commission shall promulgate
such rules as may be necessary to implement the provisions of
Sections 3-109.3 and 6-201 to 6-205 of this title.
G. The Oklahoma Employment Security Commission shall create an
annual report detailing the collection of the apportionment funds and
the expenditures from the OESC Technology Fund. The report shall be
filed on or before March 31 of each year following the effective date
of this act, and shall continue until all money in the OESC
Technology Fund is expended or transferred pursuant to subsection C
of Section 6-202 of this title. The report shall be filed with the
Governor, the President Pro Tempore of the Senate, the Speaker of the
House of Representatives, the State Treasurer, the State Auditor and
Inspector, and the Director of the Office of Management and
Enterprise Services.
Added by Laws 2017, c. 345, § 12, eff. July 1, 2017. Amended by Laws
2019, c. 251, § 13, eff. July 1, 2019.
§40-6-205. Technology Fund balance.
TECHNOLOGY FUND BALANCE.
The balance of the OESC Technology Fund on July 1 of any given
year shall be used in the calculation of conditional factors pursuant
to Section 3-113 of Title 40 of the Oklahoma Statutes as long as the
OESC Technology Fund has a balance greater than zero. The
calculation shall be conducted in the following manner: The balance
of the OESC Technology Fund as of July 1 of any given year shall be
aggregated with the balance of the Unemployment Compensation Fund as
of July 1 of the same year, with the resulting sum to be used in the
calculation of the conditional factors as set out in Section 3-113 of
Title 40 of the Oklahoma Statutes. The aggregate of the two fund
balances shall only be for the purpose of the calculation and in no
way shall balances in these two funds be commingled.
Added by Laws 2017, c. 345, § 13, eff. July 1, 2017.
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§40-9-101. Effective date.
EFFECTIVE DATE. (1) Except as otherwise provided in this
article, this act becomes effective on July 1, 1980.
(2) Article 4 on Administration takes effect upon enactment of
this act.
(3) Part 6 of Article 2 on Appeals takes effect on October 1,
1980; provided however, the Oklahoma Employment Security Commission
may by resolution provide that Part 6 of Article 2 on Appeals becomes
effective at an earlier date than October 1, 1980, if the Commission
by resolution adopts an earlier date.
Added by Laws 1980, c. 323, § 9-101, eff. July 1, 1980.
§40-9-102. Repeal.
REPEAL. The Oklahoma Employment Security Act, 40 O.S. 1971,
Sections 211 through 238.1, both inclusive, as amended, is hereby
repealed subject to the provisions of Section 9-103, except that 40
O.S. 1971, Section 226 (a) and (b) are not repealed.
Added by Laws 1980, c. 323, § 9-102, eff. July 1, 1980.
§40-9-103. Transitional provisions.
TRANSITIONAL PROVISIONS. (1) Notwithstanding the repeal of the
Oklahoma Employment Security Act by Section 9-102 of this title, all
liabilities accruing thereunder, including both civil and criminal
liabilities, including but not limited to liabilities for
contributions, liabilities for refunds, liabilities for repayment and
liabilities for interest and penalties, shall not be extinguished by
the repeal of the Oklahoma Employment Security Act and such
liabilities shall be liabilities under this act and shall be
administered and enforced as liabilities under this act.
(2) Unemployment experience, wage records and contribution
records under the Oklahoma Employment Security Act, 40 O.S. 1971,
Section 211 through Section 238.1, both inclusive, as amended, shall
be deemed and shall constitute the same things under this act unless
and except this act expressly provides otherwise.
Added by Laws 1980, c. 323, § 9-103, eff. July 1, 1980. Amended by
Laws 2010, c. 216, § 15, eff. July 1, 2010.
§40-9-104. Emergency.
EMERGENCY. It being immediately necessary for the preservation
of the public peace, health and safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
Added by Laws 1980, c. 323, § 9-104, eff. July 1, 1980.
§40-11. Branch office at Tulsa.
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The Commissioner of Labor is hereby authorized to establish a
branch office to be located in Tulsa, Oklahoma.
Laws 1981, c. 246, § 6, emerg. eff. June 25, 1981.
§40-35. Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017.
§40-38. Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017.
§40-46. Refusal of service to employer not fulfilling contracts.
Any court of competent jurisdiction, after having determined that
any employer in this state is not fulfilling contracts made through
employment agents, may order all employment agents in the state to
refuse further service to such employer.
Added by Laws 1917, c. 181, p. 342, § 11. Amended by Laws 2017, c.
51, § 1, eff. Nov. 1, 2017.
§40-47. Bringing in or transferring persons for purpose of
employment through employment agency.
Every person, company, corporation or association doing business
in this state, who shall have persons brought into this state or
transferred from one point to another within the state, for the
purpose of employment through or by means of any employment agency
operating in this or any other state, shall immediately fulfill the
terms of the contract made between such persons shipped in for the
purpose of employment and the employment agency, or shall, within
twelve (12) hours after the arrival of such persons desiring
employment, in case of failure or refusal to furnish such employment
provide such persons with transportation to their original starting
point, and such meals and lodging as may be necessary for the proper
sustenance of such persons until they arrive at their destination.
Failure to comply with this section shall subject the offending
parties to a fine of not less than Fifty Dollars ($50.00), nor more
than One Hundred Dollars ($100.00) for each offense.
Laws 1917, c. 181, p. 342, § 12.
§40-52. Definitions.
For the purpose of and when used in this act:
(a) "Employee", as used in this act, shall mean any person
performing or applying for work or service of any kind or character
for hire.
(b) "Employer" shall mean any person employing or seeking to
employ any person for hire.
(c) "Fees" shall mean anything of value, including any money or
other valuable consideration exacted, charged, collected or received
directly or indirectly, or paid or promised to be paid for any
services or act described or enumerated in subsection (e) of this
section.
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(d) "Employment" shall mean the act of employing or state of
being employed, engaged, or hired.
(e) "Private employment agency" shall mean any business operated
in this state by any person, firm or corporation for profit which
secures employment or by any form of advertising holds itself out to
applicants as able to secure employment or to provide information or
service of any kind purporting to promote, lead to or result in
employment for the applicant with any employer other than itself,
where any applicant may become liable for the payment of a fee to the
private employment agency, either directly or indirectly. "Private
employment agency" does not include:
(1) Any educational, religious, charitable, fraternal or
benevolent organization which charges no fee for
services rendered in securing employment or providing
information about employment; or
(2) Any employment service operated by this state, the
Government of the United States, or any city, county,
or town, or any agency thereof; or
(3) Any temporary help service that at no time advertises
or represents that its employee, with the approval of
the temporary help service, may be employed by one of
its client companies on a permanent basis; or
(4) Any newspaper of general circulation or other business
engaged primarily in communicating information that
does not purport to adapt the information provided to
the needs or desires of an individual subscriber; or
(5) Employment offices that charge no fee to the applicant
other than union dues or to the employer and which are
used solely for the hiring of employees under a valid
union contract by the employer subscribing to this
contract; or
(6) Any organization that charges fees only for services
other than securing employment; provided that such
services are performed pursuant to a contract which
includes a statement, in a type size no smaller than
ten point, directly above the place for the signature
of the client that reads as follows: "I have read and
received a copy of this contract which I understand
makes me legally obligated to pay a fee, I further
understand that this contract does not guarantee
employment"; or
(7) Resume services whose service includes only the
preparation and production of resumes, and does not
purport to offer services that will result in
employment; or
(8) A person employing individuals to render part-time or
temporary personal services to, for, or under the
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direction of a third person, if the person employing
the individuals, in addition to wages or salaries, pays
federal social security taxes, state and federal
unemployment insurance, carries workers' compensation
insurance as required by state law, and has
responsibility for the acts of his employees while
rendering services to or under the direction of a third
person.
(f) "Temporary employment" shall mean any period of employment
terminating at any time within sixty (60) days from date of
employment.
(g) "Permanent employment" shall mean all employment exceeding
sixty (60) days duration.
(h) "Person" shall mean any individual, copartnership,
corporation, or other legal entity.
Added by Laws 1967, c. 384, § 1, emerg. eff. May 23, 1967. Amended
by Laws 1988, c. 250, § 1, emerg. eff. June 27, 1988; Laws 2017, c.
51, § 2, eff. Nov. 1, 2017.
§40-53. Repealed by Laws 2017, c. 51, § 6, eff. Nov. 1, 2017.
§40-54. Fees.
(a) The service fee charged for helping to secure permanent
employment shall not exceed the following schedule: Fifteen percent
(15%) of the first full month's gross compensation if the position
pays Seventy-nine Dollars and ninety-nine cents ($79.99) or less;
twenty percent (20%) of the first full month's gross compensation if
the position pays Eighty Dollars ($80.00) through One Hundred
Nineteen Dollars and ninety-nine cents ($119.99); thirty percent
(30%) of the first full month's gross compensation if the position
pays One Hundred Twenty Dollars ($120.00) through One Hundred Forty-
nine Dollars and ninety-nine cents ($149.99); forty percent (40%) of
the first full month's gross compensation if the position pays One
Hundred Fifty Dollars ($150.00) through Two Hundred Seventy-four
Dollars and ninety-nine cents ($274.99); forty-five percent (45%) of
the first full month's gross compensation if the position pays Two
Hundred Seventy-five Dollars ($275.00) through Four Hundred Ninety-
nine Dollars and ninety-nine cents ($499.99). For procuring
employment paying gross compensation of Five Hundred Dollars
($500.00) or more per month, the fee shall be determined by written
agreement between all parties concerned. The fee schedule shall be
posted in a conspicuous place in each employment agency office.
(b) In no event shall the fee for temporary employment exceed
that for permanent placement. Any period of employment terminating
at any time within sixty (60) days from the date of employment shall
constitute temporary employment and a fee of not more than twenty
percent (20%) of the amount earned shall be charged. All employment
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exceeding sixty (60) days' duration shall be considered a permanent
placement. No licensed employment agency shall collect a fee before
an applicant has obtained employment. No fee shall be charged for
registering with an employment agency or for instituting a search or
investigation, or for other employment-related aids. Where the
remuneration is in the form of a straight commission, the first three
(3) months' gross earnings shall be divided by three to establish an
average monthly compensation against which to compute the fee. No
finance company or other purchaser of employment contracts shall be
considered a holder in due course of such paper until after the
temporary employment period shall have run and permanent employment
shall have been established, and in no event shall the applicant for
employment be liable for any charge to a finance company in addition
to the legal placement fee as hereinabove set forth.
(c) This section shall not apply to an employment agency acting
as a search consultant that is retained and compensated solely by the
employer on a retainer or consulting basis.
Added by Laws 1967, c. 384, § 3, emerg. eff. May 23, 1967. Amended
by Laws 1977, c. 11, § 1; Laws 1982, c. 313, § 1, operative Oct. 1,
1982; Laws 2017, c. 51, § 3, eff. Nov. 1, 2017.
§40-55. Rules and regulations.
(a) Every employment agency shall enter into a written agreement
with every applicant for services to be rendered and the time and
method of payment, and on which there shall appear the definition of
"Temporary Employment", "Permanent Employment" and "Method of
Payment". Provided, that nothing herein shall be construed to
prohibit an employment agency from making arrangements by wire or
telephone without said employee having first entered into a written
agreement with the agency; and provided further, if by oversight or
intention an applicant fails to sign an employment contract, but is
placed and accepts such employment, the employment agency shall be
entitled to its fee for such placement. Every employment agency
shall provide the applicant with a copy of any written agreement
between the applicant and the agency. All contracts or agreements
shall clearly state the fee and in no case shall the employment
agency collect more than the stated fee or agreed percentage of the
first year's total income.
(b) In all instances wherein permanent employment is terminated
within the definition of temporary employment, every employment
agency shall give to every person from whom an overpayment of fee has
been received, if requested within six (6) months of such
termination, a refund in the amount of such overpayment, such refund
to be made promptly within ten (10) days following the agency's
receipt of verification from the employer of the inclusive dates of
employment and the total gross earnings of the employee. This
subsection shall not apply to any employment agency acting as a
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search consultant that is retained and compensated solely by the
employer on a retainer or consulting basis.
(c) Every employment agency shall give to every person from whom
a payment is received for services or assistance rendered or to be
rendered a receipt bearing the name and address of the employment
agency, the name of the employee, amount of the payment, date of
payment, and for what it is paid. Each such receipt shall be
numbered and bound in duplicate form. The duplicate copy shall be
kept for two (2) years at the office of the employment agency.
(d) A record shall be kept of the name and address of every
employee accepting employment, the name and address of the employer
with whom employment is accepted, the nature of the employment, the
rate of wage or salary to be paid the employee, the amount of the
employment agency's service charge, the dates and amounts of
payments, the date and amount of refund, if any, and for what,
together with a space for remarks under which shall be recorded
anything of an individual nature to amplify the foregoing account or
record and as information in the event of any question arising
concerning the transaction. Such records shall be open to inspection
by any court of competent jurisdiction for the purpose of enforcing
the provisions of this act.
(e) No employment agency shall direct an applicant to employment
without having obtained, either orally or in writing, permission or
authorization of the employer. No applicant for employment shall be
required by any agency to list prospective employers to whom he shall
previously have been referred by other agencies.
(f) No applicant for employment shall knowingly make false or
misleading statements to an employment agency regarding age,
education, training, experience or references; and no employment
agency shall be held responsible for misinformation given it by an
applicant and transmitted by it in good faith to an employer.
(g) No employment agency shall advertise openings for which it
does not hold orders from employers or knowingly cause to be printed,
published or circulated misleading, false or fraudulent information
about employment opportunities.
(h) Other than the prescribed placement fee, no employment
agency shall require either the employee or employer to contribute to
the cost of its employment-related services, advertising, or
incidental expenses. This subsection shall not apply to any
employment agency acting as a search consultant that is retained and
compensated solely by the employer on a retainer or consulting basis.
(i) No employment agency shall place, or cause to be placed,
promotional advertising in any media without licensee's
identification as to agency and address.
(j) No employment agency shall send any person to a prospective
employer who is conducting a "lockout" against all or part of his
employees, or whose employees or a part of them are out on strike,
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without first apprising said person of the existence of such lockout
or strike.
(k) Any licensed agency, or agent thereof, who shall be guilty
of dividing fees with any superintendent, manager, foreman or other
employees of any person, company, corporation or association for whom
employees are furnished, shall be guilty of a misdemeanor and, upon
conviction, shall be punished as provided in Section 57 of this
title.
(l) No licensed agency shall furnish employment to or refer any
child to any vocation or establishment in violation of the laws
regulating the labor of children or their compulsory attendance at
school.
(m) No employment agency shall discriminate in the employment of
its personnel because of the race, national origin, sex or religious
belief of the applicant seeking employment with the agency.
Added by Laws 1967, c. 384, § 4, emerg. eff. May 23, 1967. Amended
by Laws 1974, c. 62, § 2; Laws 1982, c. 313, § 2, operative Oct. 1,
1982; Laws 2017, c. 51, § 4, eff. Nov. 1, 2017.
§40-57. Enforcement.
Any applicant or employee may seek criminal enforcement of this
act through request made to any district attorney or the Attorney
General of the State of Oklahoma. Any person convicted of violating
the provisions of this act shall be guilty of a misdemeanor and shall
be fined not less than Fifty Dollars ($50.00), nor more than One
Hundred Dollars ($100.00), or the fee charged for the service,
whichever is greater, for each offense, or be imprisoned in the
county jail for a period of not exceeding six (6) months, or both
such fine and imprisonment, at the discretion of the court.
Added by Laws 1967, c. 384, § 6, emerg. eff. May 23, 1967.
Amended by Laws 1974, c. 62, § 3; Laws 2017, c. 51, § 5, eff. Nov. 1,
2017.
§40-61. Disclosure of information by employer - Presumption of good
faith - Immunity from liability.
A. An employer may disclose information about a current or
former employee's job performance to a prospective employer of the
current or former employee upon request of the prospective employer
and with consent of the current or former employee, or upon request
of the current or former employee. A state agency, as defined in
Section 840-2.5 of Title 74 of the Oklahoma Statutes, may disclose
information regarding a current or former employee's job performance
to another state agency which is a prospective employer of the
current or former employee without the employee's consent. The
employer is presumed to be acting in good faith, unless lack of good
faith is shown by a preponderance of the evidence. The current or
former employer shall be immune from civil liability for the
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disclosure or any consequences of such disclosure unless the
presumption of good faith is rebutted upon a showing that the
information disclosed by the current or former employer was false and
the employer providing the information had knowledge of its falsity
or acted with malice or reckless disregard for the truth.
B. The provisions of this section shall apply to any employee,
agent, or other representative of the current or former employer,
including a state agency, who is authorized to provide and who
provides information in accordance with the provisions of this
section.
C. Failure to comply with any provision of this section shall
not give rise to any liability or causes of action which did not
exist prior to July 1, 1995. This section shall only apply to causes
of action accruing on and after July 1, 1995.
Added by Laws 1995, c. 340, § 22, eff. July 1, 1995. Amended by Laws
1998, c. 235, § 1, eff. July 1, 1998.
§40-71. Restrictions on employment of children under sixteen.
No child under the age of sixteen (16) shall be permitted to work
in any occupation or in any establishment other than those
occupations permitted by the "Fair Labor Standards Act of 1938", as
amended, 29 U.S.C., Sections 201 through 219, and any regulations
related thereto.
It shall be the duty of the Commissioner of Labor upon
investigation by himself or the agents of his department, or upon the
complaint of the Board of Health, to determine what occupations are
injurious to health or morals or especially hazardous to life or
limb, and to notify employers in such occupations of his decision,
which decision shall be final until such occupations shall be defined
by law or by final judgment in a court of competent jurisdiction as
safe for health, morals, life or limb.
R.L.1910, § 3728; Laws 1929, c. 35, p. 35, § 1; Laws 1978, c. 244, §
11, eff. July 1, 1978; Laws 1991, c. 172, § 1, eff. Sept. 1, 1991.
§40-72. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-72.1. Occupations prohibited for children under sixteen.
A. No child under sixteen (16) years of age shall be employed or
permitted to work at any of the following occupations:
1. Manufacturing, mining, or processing occupations, including
occupations requiring performance of any duties in work rooms or work
places where goods are manufactured, mined, or otherwise processed;
2. Occupations which involve the operation or tending of
hoisting apparatus or of any power-driven machinery other than office
machines;
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3. The operation of motor vehicles or service as helpers on such
vehicles;
4. Public messenger service;
5. Occupations declared to be particularly hazardous to the
health and well-being of minors under sixteen (16) years of age by
federal laws and regulations or as declared by the Commissioner of
Labor; and
6. Occupations, except office work or sales work, in connection
with:
a. transportation of persons or property by rail, highway,
air, water, pipeline or other means,
b. warehousing and storage,
c. communications and public utilities, and
d. construction including demolition and repair.
B. This section shall not apply to:
1. Children working either on farms or for parents or any entity
in which a parent owns an equity interest;
2. Children engaged in the sale or delivery of newspapers to
consumers; or
3. Children engaged in voluntary service for a charitable
organization recognized exempt under the Internal Revenue Code of
1986, as amended, Section 501(c), if the organization receives
written permission from a parent or legal guardian of any such child.
Added by Laws 1991, c. 172, § 2, eff. Sept. 1, 1991. Amended by Laws
1991, c. 295, § 4, eff. Sept. 1, 1991; Laws 2015, c. 39, § 1, eff.
Nov. 1, 2015.
§40-73. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-74. Educational qualifications required of child before
employment.
No child under the age of sixteen (16) years shall be employed or
permitted to work in any of the occupations specified in Section 71
of this title unless such child is able to read and write, or shall
have attended some school during the preceding year for the time that
attendance is compulsory under the laws.
R.L.1910, § 3731; Laws 1991, c. 172, § 3, eff. Sept. 1, 1991.
§40-75. Hours of employment of children - Rest periods.
A. No child under the age of sixteen (16) years shall be
employed or permitted to work in any gainful occupation, other than
agriculture or domestic service, for more than:
1. Three (3) hours in any one (1) school day, except that if the
employer is not covered by the Fair Labor Standards Act, a child may
work eight (8) hours or less on a school day which precedes a
nonschool day;
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2. Eight (8) hours on a nonschool day;
3. Eighteen (18) hours in any one (1) week when school is in
session; or
4. Forty (40) hours in any one (1) week when school is not in
session, except that if the employer is not covered by the Fair Labor
Standards Act, a child may work forty (40) hours in any one (1) week
when school is in session if attendance is not compulsory.
B. As used in this section, "in session" means the period
beginning on the first Tuesday after Labor Day through May 31 of the
following year.
C. Children under the age of sixteen (16) years must be
permitted a one (1) hour cumulative rest period for each eight (8)
consecutive hours worked. However, no such child shall work more
than five (5) consecutive hours unless permitted a one-half (1/2)
hour cumulative rest period.
R.L. 1910, § 3732. Amended by Laws 1991, c. 172, § 4, eff. Sept. 1,
1991; Laws 1993, c. 137, § 1, eff. Sept. 1, 1993; Laws 1997, c. 391,
§ 8, eff. July 1, 1997.
§40-76. Night work.
No person under the age of sixteen (16) years shall be employed
or permitted to work in any of the occupations set out in Section 71
of this title between the hours of seven o'clock p.m. and seven
o'clock a.m.; except, during the summer (June 1 through Labor Day)
and, if the employer is not covered by the Fair Labor Standards Act,
during the remainder of the year on days followed by a nonschool day
when the prohibited hours will be between the hours of nine o'clock
p.m. and seven o'clock a.m.
R.L. 1910, § 3733; Laws 1929, c. 35, p. 35, § 2; Laws 1955, p. 240, §
1; Laws 1976, c. 151, § 1; Laws 1991, c. 172, § 5, eff. Sept. 1,
1991; Laws 1993, c. 137, § 2, eff. Sept. 1, 1993.
§40-77. Schooling certificates - Duties of employers.
Before any child under the age of sixteen (16) years shall be
employed in any occupation specified in Section 71 of this title, it
shall be the duty of the parent or guardian of such child to procure
and furnish the employer of such child an age and schooling
certificate as hereinafter provided in this article. It shall be the
duty of every person, firm or corporation owning or operating any of
the establishments specified in Section 71 of this title, or
employers in such occupation, to keep on file for the inspection of
the Commissioner or his designee, truant officers, or other persons
charged with the administration of this article, such age and
schooling certificate, for every child under sixteen (16) years of
age employed in such occupation, and to keep on file where such
children are employed a register with a complete list of children
under sixteen (16) years of age so employed, together with the age of
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each child as set forth in the age and schooling certificate opposite
the name of such child, and also to keep on file in such place or
establishment, in such form as the Commissioner or his designee may
prescribe, the time of opening and closing of such factory or other
establishment, the number of hours of labor required or permitted in
such establishment, the hours of commencing and stopping work, and
the time allowed for meals, and, if there be two or more shifts in
such establishment, the number of hours in each shift during which
the employees are required or permitted to work. On termination of
the employment of a child so registered, and whose certificate is so
filed, such certificate shall be forthwith surrendered by the
employer to the child or its parent, guardian or custodian; provided
that this section shall not apply to the employment of children who
are not residents of the State of Oklahoma, to perform in any duly
licensed theatre, motion picture theatre or other place of public
amusement.
R.L.1910, § 3734; Laws 1929, c. 35, p. 36, § 3; Laws 1991, c. 172, §
6, eff. Sept. 1, 1991.
§40-78. Evidence of age of child - Certificate of physical fitness.
The Commissioner or his designee, truant officer, or other person
charged with the administration of this article, may make demand on
an employer in whose factory or establishment a child apparently
under the age of sixteen (16) years is employed or permitted or
suffered to work, and whose employment certificate is not then filed
as required by this section, that such employer shall either furnish
him, within ten (10) days, evidence satisfactory to him that such
child is in fact over sixteen (16) years of age, or shall cease to
employ or permit or suffer such child to work in such factory or
establishment. Such officer may require from such employer the same
evidence of age of such child as is required on the issuance of an
employment certificate; and the employer furnishing such evidence
shall not be required to furnish any further evidence of the age of
the child. In case such employer shall fail to produce and deliver
to such officer, within ten (10) days after such demand, such
evidence of age herein required by him, and shall thereafter continue
to employ such child to work in such factory or establishment, proof
of the giving of such notice and of such failure to produce and file
such evidence shall be prima facie evidence in any prosecution
brought for violation of this provision of this article that such
child is under sixteen (16) years of age and is unlawfully employed:
Provided, that the Commissioner or his designee shall have the power
to demand a certificate of physical fitness from some licensed
physician in good standing in this state in case of children who may
appear to him physically unable to perform the labor at which they
may be engaged, and shall have power to prohibit the employment of
any minor that cannot obtain such a certificate.
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R.L.1910, § 3735; Laws 1991, c. 172, § 7, eff. Sept. 1, 1991.
§40-79. Age and schooling certificates - Proof of age.
The age and schooling certificate shall be approved by the
principal, headmaster, or equivalent administrative officer of the
school which the child attends or should be attending or by one of
the child's parents if the child is being schooled at home, who
shall, for the purpose of this article, be empowered to administer an
oath. The principal, headmaster, or equivalent administrative
officer of the school which the child attends or should be attending
or by one of the child's parents if the child is being schooled at
home, shall approve such certificate only upon the application in
person of the child desiring employment accompanied by its parents,
guardian or custodian, and after having received, examined and
approved documentary evidence of age, showing that the child is
fourteen (14) years of age, or over, which evidence shall consist of
one of the following named proofs of age, duly attested, and the
proof accepted shall be specified in the certificate issued to the
child; the proof specified in subdivision (a) shall be required
first, but if this is not available then one of the proofs specified
in the succeeding subdivisions shall be required and in the order
designated until the age of the child be established, as follows:
(a) A birth certificate or transcript thereof issued by a
registrar of vital statistics or other officer charged with the duty
of recording births which certificate or transcript thereof shall be
prima facie evidence of the age of the child.
(b) A certificate of baptism or transcript thereof, showing the
date of birth and place of baptism of the child.
(c) A passport showing the age of the child; or a certificate of
arrival in the United States, issued by the United States immigration
officer and showing the age of the child; or a life insurance policy
at least one (1) year old showing the age of the child or other
credible evidence as may be approved by the Commissioner.
Every employment certificate shall be signed, in the presence of
the officer issuing the same by the child in whose name it is issued.
R.L.1910, § 3736; Laws 1917, c. 182, p. 344, § 1; Laws 1991, c. 172,
§ 8, eff. Sept. 1, 1991.
§40-80. School attendance certificate to be presented - Duplicate of
schooling certificate - Blank form - Form of certificate.
The age and schooling certificate shall not be approved until the
parent or guardian of such child shall present a school attendance
certificate as hereinafter prescribed. A duplicate of such age and
schooling certificate shall be filled out and sent by the school
officer, before whom the same is made, to the Commissioner of Labor.
The blank forms for school attendance certificate and for the age and
schooling certificate shall be supplied to the principal, headmaster,
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or equivalent administrative officer of the school or to one of the
child's parents if the child is being schooled at home by the State
Superintendent of Public Instruction as hereinafter indicated.
SCHOOL ATTENDANCE CERTIFICATE.
.................. (Name of School).
.................. (City and County).
....................... (Date).
This certifies that ................ (name of child) can read
and write and that according to the records of this school and in my
belief is now ............. (number of years and months) old, and has
attended school during the full school term of the preceding year.
.................. (Name of parent or guardian).
.................. (Residence).
................. (Signature of teacher).
AGE AND SCHOOLING CERTIFICATE.
This certifies that I am .............. (father, mother or
guardian) of ........... (name of child) s.s.# ..............., and
that he (or she) was born at ............. (town or
city), .......... (county), .............. (state or country), on
the ........ (day, month and year of birth), and is
now ............... (number of years and months old).
.....................................
(Signature of parent or guardian).
.......................... (Date).
.................... (City or town or county).
Personally appeared before me the above-mentioned ............
(name of person signing), and made oath that the foregoing
certificate is true to the best of his (or her) knowledge and belief.
I hereby approve the foregoing certificate of ............. (name
of child), height ............. (feet and inches),
weight ........... (pounds), complexion ........... (fair or dark),
hair ............. (color), eyes .......... (color), having no
sufficient reason to doubt that he (or she) is of the age therein
certified.
OWNER OF CERTIFICATE.
This certificate belongs to ............. (name of child), and
is to be surrendered to him (or her) whenever he (or she) leaves the
service of the employer holding the same, but if not claimed by said
child within thirty days after leaving said service, shall be sent to
the Commissioner of Labor.
..................................,
(Signature of officer, with name of city,
town or county, and date.)
R.L.1910, § 3738; Laws 1991, c. 172, § 9, eff. Sept. 1, 1991.
§40-81. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
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§40-82. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-83. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-84. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-85. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-86. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-87. Repealed by Laws 1991, c. 172, § 15, eff. Sept. 1, 1991.
§40-88. Penalties for violating this chapter.
Any person who is in willful violation of any of the provisions
of Section 71 et seq. of this title shall, upon conviction, be guilty
of a misdemeanor and, for each offense, shall be subject to a fine of
not more than Five Hundred Dollars ($500.00), or imprisonment for not
less than ten (10) nor more than thirty (30) days, or both such fine
and imprisonment.
R.L.1910, § 3742. Amended by Laws 1991, c. 172, § 10, eff. Sept. 1,
1991; Laws 1997, c. 391, § 9, eff. July 1, 1997.
§40-89. Enforcement of chapter - Administrative penalties.
A. It shall be the duty of the Commissioner of Labor to enforce
the provisions of Section 71 et seq. of Title 40 of the Oklahoma
Statutes.
B. 1. In addition to any other penalty prescribed by law, any
person who is in violation of Section 71 et seq. of Title 40 of the
Oklahoma Statutes shall be liable for an administrative fine, to be
assessed by the Commissioner of Labor, of not more than One Hundred
Dollars ($100.00) for each offense. The maximum administrative fine
shall not exceed One Thousand Dollars ($1,000.00) for all related
violations. All administrative fines collected pursuant to this
section shall be deposited in the Department of Labor Revolving Fund,
created pursuant to Section 141.19 of Title 40 of the Oklahoma
Statutes.
2. In lieu of the penalty provided for in paragraph 1 of this
subsection, the Commissioner or a representative of the Commissioner
may issue a warning for a first offense to a person who is in
violation of Section 71 et seq. of Title 40 of the Oklahoma Statutes.
The warning shall cite the violation committed by the person and,
where appropriate, state the time period in which the violation must
be remedied.
C. After a violator is cited or fined for two unrelated offenses
of failure to comply with the provisions of Section 71 et seq. of
Title 40 of the Oklahoma Statutes, the Commissioner of Labor shall
have the authority to issue cease and desist orders, in accordance
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with the rules of the Department of Labor, against the violator until
such time as compliance with the provisions of Section 71 et seq. of
Title 40 of the Oklahoma Statutes is met. Any order to cease and
desist issued by the Commissioner may be enforced in district court.
Upon application of the Commissioner, the district court may issue an
injunction without bond for the purpose of enforcing this section.
D. The Commissioner of Labor shall assess and collect
administrative fines incurred under subsection B of this section and,
at the Commissioner's discretion, may remit, mitigate, or negotiate
the fines. In determining the fine to be assessed, or the amount
agreed upon in any negotiation, consideration shall be given to the
appropriateness of the fine in light of the gravity of the violation
and the extent to which the person charged has attempted to remedy
the consequences of the violation. Individual proceedings shall be
conducted pursuant to the provisions of subsection E of this section.
E. For the purpose of determining if an administrative fine
should be assessed, a hearing shall be conducted in accordance with
the provisions of the Administrative Procedures Act, by a hearing
officer designated by the Commissioner of Labor. A final order by
the hearing officer may be appealed to the district court in the
county in which the violation occurred pursuant to the provisions of
the Administrative Procedures Act.
Added by Laws 1997, c. 391, § 10, eff. July 1, 1997.
§40-141.1. Short title - Definitions.
This act shall be known and may be cited as the "Boiler and
Pressure Vessel Safety Act", and, except as otherwise herein
provided, shall apply to all boilers and pressure vessels. For the
purpose of this act, the following definitions apply:
1. "Boiler" means a closed vessel in which water is heated,
steam is generated, steam is superheated, or any combination thereof,
under pressure or vacuum, for external use to itself, by the direct
application of heat. The term "boiler" includes fired units for
heating or vaporizing liquids other than water where these units are
separate from processing systems and complete within themselves:
a. "power boiler" means a boiler in which steam or other
vapor is generated at a pressure of more than fifteen
(15) pounds per square inch gauge, or as further
defined in American Society of Mechanical Engineers
Boiler and Pressure Vessel Code Section I,
b. "high-temperature water boiler" means a water boiler
intended for operation at pressures in excess of one
hundred sixty (160) pounds per square inch gauge; or
temperatures in excess of two hundred fifty degrees
Fahrenheit (250° F), or as further defined in American
Society of Mechanical Engineers Boiler and Pressure
Vessel Code Section I,
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c. "low pressure steam boiler" means a steam boiler
operating at pressures not exceeding fifteen (15)
pounds per square inch gauge, or as further defined in
American Society of Mechanical Engineers Boiler and
Pressure Vessel Code Section IV,
d. "hot water heating boiler" means a heating boiler
operating at pressures not exceeding one hundred sixty
(160) pounds per square inch gauge - one thousand one
hundred three (1,103) kilopascals and/or temperatures
not exceeding two hundred fifty degrees Fahrenheit
(250° F), one hundred twenty-one degrees Celsius (121°
C), at or near the boiler outlet, or as further
defined in American Society of Mechanical Engineers
Boiler and Pressure Vessel Code Section IV,
e. "hot water supply boiler" means a supply boiler
operating at pressures not exceeding one hundred sixty
(160) pounds per square inch gauge - one thousand one
hundred three (1,103) kilopascals and/or temperatures
not exceeding two hundred fifty degrees Fahrenheit
(250° F), one hundred twenty-one degrees Celsius (121°
C), at or near the boiler outlet, or as further
defined in American Society of Mechanical Engineers
Boiler and Pressure Vessel Code Section IV, and
f. "hot water supply heater" means a closed vessel in
which water is heated by the combustion of fuels,
electricity or any other source and withdrawn for use
external to the system at pressures not exceeding one
hundred sixty (160) pounds per square inch gauge and
shall include all controls and devices necessary to
prevent water temperature from exceeding two hundred
ten degrees Fahrenheit (210° F), ninety-eight point
nine degrees Celsius (98.9°C);
2. "Pressure vessel" means a vessel in which pressure is
obtained from an external source or by the application of heat other
than those vessels defined in paragraph 1 of this section or as
further defined in American Society of Mechanical Engineers Boiler
and Pressure Vessel Code Section VIII, Division I;
3. "Certificate of operation" means an annual certificate,
unless otherwise provided for in this act, issued by the Commissioner
of Labor permitting the operation of a boiler or pressure vessel
which has been inspected as provided for in this act;
4. "Steam lines" means piping of welded construction in which
steam is contained and/or transported at a pressure in excess of
fifteen (15) pounds per square inch gauge; and
5. "Commissioner" means the Commissioner of Labor or the
Commissioner’s duly authorized representative.
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Added by Laws 1982, c. 252, § 1. Amended by Laws 2003, c. 101, § 1,
eff. Nov. 1, 2003.
§40-141.2. Exemptions – Exhibitor boilers.
A. This act shall not apply to the following boilers, hot water
heaters and pressure vessels:
1. Pressure vessels used for the transportation of compressed
gases if constructed and operated in compliance with specifications
and regulations of the United States Department of Transportation or
of the Corporation Commission of Oklahoma and any unfired pressure
vessels used as containers for liquefied petroleum gases and subject
to the jurisdiction of the United States Department of Transportation
or the Oklahoma Liquefied Petroleum Gas Administration or successor
agencies;
2. Pressure vessels containing air located on vehicles operating
pursuant to regulations of other jurisdiction authorities;
3. Pressure vessels having an internal or external operating
pressure not exceeding fifteen (15) pounds per square inch gauge -
one hundred three (103) kilopascals gauge with no limit on size;
4. Pressure vessels having an inside diameter not exceeding six
(6) inches (152mm) with no limitation on pressure;
5. Pressure vessels with a nominal water containing capacity of
one hundred twenty (120) gallons or four hundred fifty (450) liters
or less, to be used for domestic supply purposes, for containing
water under pressure including those containing air, the compression
of which serves only as a cushion;
6. Pressure vessels containing water heated by steam or other
indirect means when none of the following limitations is exceeded:
a. a heat input of two hundred thousand (200,000) British
thermal units per hour - fifty-eight thousand six
hundred (58,600) watts,
b. a water temperature of two hundred ten degrees
Fahrenheit (210º F), or
c. a water containing capacity of one hundred twenty
(120) gallons - four hundred fifty (450) liters;
7. Pressure vessels which may be classified as pressure
containers which are integral parts of components of rotating or
reciprocating mechanical devices such as pumps, compressors,
turbines, generators, engines and hydraulic or pneumatic cylinders
where the primary design considerations and/or stresses are derived
from the functional requirements of the device, or structures whose
primary function is the transport of fluids from one location to
another within a system of which it is an integral part, i.e., piping
systems;
8. Hot water supply boilers which are directly fired with oil,
gas or electricity when none of the following limitations are
exceeded:
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a. a heat input of two hundred thousand (200,000) British
thermal units per hour - fifty-eight thousand six
hundred (58,600) watts,
b. a water temperature of two hundred ten degrees
Fahrenheit (210º F), or
c. a water containing capacity of one hundred twenty
(120) gallons - four hundred fifty (450) liters;
9. Boilers and pressure vessels under federal control and
railroad locomotive boilers;
10. Pressure vessels located on remote sites and limited to oil
and natural gas gathering facilities or processing plants that have
fewer than ten buildings intended for human occupancy per one-fourth
(1/4) square mile and where the closest building is at least two
hundred twenty (220) yards from any vessel;
11. Pressure vessels in the care, custody and control of
research facilities and used solely for research purposes which
require one or more details of noncode construction or which involve
destruction or reduced life expectancy of those vessels; and
12. Hot water supply heaters as defined in subparagraph f of
paragraph 1 of Section 141.1 of this title, with piping connections
to the potable water supply system which are intended to supply hot
water for domestic or commercial purposes other than space heating.
However, the Commissioner shall make routine inspections and issue
necessary orders regarding existing hot water supply heaters located
in facilities or installations owned or operated by the State of
Oklahoma or its agencies, counties, municipalities or school
districts.
B. The following boilers and pressure vessels shall be exempt
from Sections 141.13 through 141.16 of this title:
1. Pressure vessels not exceeding fifteen (15) cubic feet in
volume and two hundred fifty (250) pounds per square inch gauge
pressure;
2. Low pressure steam boilers, hot water heating boilers, hot
water supply boilers, hot water supply heaters or pressure vessels
which are located in private residences or in apartment houses of
less than six-family units; and
3. Pressure vessels operated entirely full of water or other
liquid which is not materially more hazardous than water, provided
the temperature of the vessel contents does not exceed one hundred
fifty degrees Fahrenheit (150º F) or a pressure of two hundred (200)
pounds per square inch gauge.
C. 1. Either a special inspector or an inspector licensed by
the Department of Labor shall inspect exhibitor boilers on an annual
basis when exhibitor boilers are being operated at public events.
Exhibitor boilers maintained by owner/operators for private use and
not for operation for the public shall be exempt from inspection by
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this state. Annual inspections by this state or a special inspector
shall consist of the following:
a. an internal and external visual,
b. threaded openings in the boiler may be inspected, when
deemed appropriate, by the inspector after conducting
an internal and external visual,
c. a hydrostatic pressure test at one and twenty-five one-
hundredths (1.25) times the maximum allowable working
pressure,
d. the maximum allowable working pressure shall not exceed
one hundred eighty-five (185) pounds per square inch
(psi),
e. the ash pan and grates on a dry bottom vessel shall be
removed to allow a visual inspection of the crown
sheet,
f. a visual inspection of the crown sheet on wet bottom
boilers,
g. all boilers shall have a fusible plug that is
constructed to the American Society of Mechanical
Engineers (ASME) code and indicated by an ASME marking
on the filler material. It shall protrude one (1) inch
into the water on a fireside fusible plug and no more
than one (1) inch on a waterside fusible plug,
h. the pressure relief valve shall be National Board
capacity certified,
i. a gage glass shall be present with a guard to protect
the glass, drain valve or petcock, be piped to a safe
location, and be operational,
j. try cocks shall be located in correlation to the
minimum required water level,
k. a pressure gage that has been tested and proven
accurate at the time of the annual pressure test,
l. all piping shall be schedule 80, black pipe (SA-53 B or
SA-105 B) from the boiler to the first valve,
m. the boiler shall be equipped with two means of
supplying feed water while under pressure, and
n. all welding to the boiler shall be done by a certified
repair organization as accredited and described in Part
RA of the National Boiler Inspection Code (NBIC).
2. Exhibitor boilers shall have a nondestructive exam performed
once every five (5) years for determining repairs and thin areas that
need to be repaired. An inspector from the Department of Labor may
perform a random nondestructive exam annually. Results from the exam
may be used by the inspector to waive any time remaining on the five-
year period. A nondestructive exam shall meet the following
requirements:
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a. on a dry bottom boiler, no less than 150 readings shall
be taken,
b. on a wet bottom boiler, no less than 180 readings shall
be taken,
c. this exam shall include the areas surrounding the crown
sheet stays and any areas subject to corrosion,
d. a loss of metal that is greater than forty percent
(40%) of the original boiler plate thickness in an area
greater than three (3) inches in diameter shall be
considered to be a thin area and shall need to be
repaired prior to any operation,
e. exams shall be by a certified professional pursuant to
applicable provisions of law of this state,
f. no exam shall be by a certified professional that has a
vested interest in the boiler that is being examined,
g. the exam results shall be made available to the
organization where the boiler is being exhibited, if
requested, and
h. the exam results shall be made available at the time of
the annual inspection to the inspector, if requested.
For purposes of this subsection, "exhibitor boiler" shall mean a
boiler which is operated in this state for nonprofit purposes
including, but not limited to, exhibitions, fairs, parades, farm
machinery shows, or any other event of a historical or educational
nature. An exhibitor boiler includes steam locomotives, traction and
portable steam engines, and stationary boilers of the firetube,
watertube, model or miniature, and may be riveted, riveted and
welded, or all welded construction, if used within the state for
nonprofit purposes.
D. Pressure vessels, associated piping, and connections located
on oil and gas lease sites shall fall under the exclusive
jurisdiction of the Corporation Commission. The Corporation
Commission shall be responsible for the inspection of oil and gas
lease pressure vessels to ensure the vessels, associated piping, and
connections are properly operated and maintained in a manner deemed
appropriate by the Corporation Commission.
Added by Laws 1982, c. 252, § 2. Amended by Laws 2002, c. 250, § 1,
eff. July 1, 2002.
§40-141.3. Rules and regulations - Formulation - Promulgation.
A. Formulation. The Commissioner of Labor shall formulate and
adopt definitions, rules and regulations for the safe construction,
installation, inspection, operation, maintenance and repair of
boilers and pressure vessels in this state.
1. The definitions, rules and regulations so formulated for new
construction shall be based upon and follow generally accepted
national engineering standards, formula and practices related to
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boiler and pressure vessel construction and safety. The Commissioner
of Labor may adopt an existing American National Standard known as
the Boiler and Pressure Code of the American Society of Mechanical
Engineers, with the addenda and code cases, and may also adopt
subsequent revisions in the form of addenda and code cases of that
standard provided such revisions are acceptable to the Commissioner.
When so adopted, the same shall be deemed incorporated into, and to
constitute a part of the whole of the definitions, rules and
regulations of the Commissioner of Labor;
2. The Commissioner of Labor shall formulate rules and
regulations to ensure that boiler and pressure vessel manufacturers,
jobbers, dealers or individuals selling, renting or leasing or
offering for sale, rent or lease or operation, any boiler or pressure
vessel which is within the scope of this act meets the requirements
of this act, rules and regulations hereinafter adopted. Any
manufacturer, jobber, dealer or individual found to be in violation
of this section shall be subject to any current penalty as herein
provided;
3. The Commissioner of Labor shall formulate rules and
regulations which may permit the use of boilers and pressure vessels
which were in operation in this state prior to the date upon which
the first rules and regulations under this act pertaining to existing
installations become effective, or during the twelve-month period
immediately thereafter; and
4. The rules for inspection, maintenance and repair of installed
boilers and pressure vessels shall be based upon and follow generally
accepted national standards as promulgated by the National Board of
Boiler and Pressure Vessel Inspectors or by the American Petroleum
Institute Pressure Vessel Inspection Code as a minimum as relates to
boiler and pressure vessels.
B. Promulgation. The rules and regulations and any subsequent
amendments thereto formulated or adopted by the Commissioner of Labor
shall be adopted in accordance with the Oklahoma Administrative
Procedures Act, except that the rules applying to the construction of
new boilers and pressure vessels shall not become mandatory until six
(6) months after their promulgation by the Commissioner.
Added by Laws 1982, c. 252, § 3.
§40-141.4. Application of rules and regulations.
A. Twelve (12) months from the date upon which the rules and
regulations under this act become effective, all new boilers and
pressure vessels for use in this state shall conform to such rules
and regulations.
B. If a boiler or pressure vessel is of special design or
construction, and cannot comply with the construction requirements of
the rules and regulations of this act, a special installation and
operating permit may be granted by the Commissioner of Labor at his
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discretion, provided the user presents evidence acceptable to the
Commissioner.
C. Welded steam lines - Downstream steam lines fabricated or
repaired by welding, operated at in excess of fifteen (15) pounds per
square inch gauge shall be fabricated, inspected and tested in
accordance with applicable rules and regulations.
Added by Laws 1982, c. 252, § 4.
§40-141.5. Maximum allowable working pressure - Determination -
Exemptions - Special Permit.
A. The maximum allowable working pressure of a boiler stamped
with the AmericanSociety of Mechanical Engineers Code symbol or a
pressure vessel stamped with the American Society of Mechanical
Engineers or American Petroleum Institute - American Society of
Mechanical Engineers Code symbol shall be determined by the
applicable sections of the code under which it was constructed and
stamped.
B. The maximum allowable working pressure of a boiler or
pressure vessel which is not stamped and does not carry the ASME or
the API-ASME Code symbol shall be computed in accordance with
standard engineering practice using a factor of safety established by
rules adopted by the Commissioner of Labor.
C. This act shall not be construed as in any way preventing the
use, sale or reinstallation of a boiler or pressure vessel referred
to in subsection B of this section, provided the Commissioner of
Labor gives a specific ruling that such boiler or pressure vessel
conforms to its rules and regulations, and provided further, upon
inspection it has been found to be in safe condition.
D. If a boiler or pressure vessel is of historical significance
and cannot comply with the construction requirements of the rules and
regulations of this act, a special installation and operating permit
may be granted by the Commissioner.
Added by Laws 1982, c. 252, § 5.
§40-141.6. License required - Exemptions - Fee - Evidence of
qualifications - Hearings - Violations.
A. All firms or corporations engaged in the service, repair and/
or installation of boilers or pressure vessels located in this state
shall be licensed by the Commissioner to perform such work.
Provided, no license shall be required for any firms or corporations
engaged in the service, repair and/or installation of hot water
supply heaters as provided in paragraph 12 of subsection A of Section
2 of this act. The Commissioner of Labor shall abide by any existing
code of installation presently adopted or as may be hereinafter
adopted by this state or its agencies or by any county, municipality
or school district as pertains to hot water supply heaters. The
annual license fee shall be payable in advance on or before January
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31 of each calendar year. Each firm or corporation must furnish
evidence suitable to the Commissioner that they are qualified to
perform such work.
B. All hearings for the issuance or revocations of license under
this section shall comply with the Oklahoma Administrative Procedures
Act.
C. Any person who shall violate any of the provisions of this
act or who violates any rule or order of the Commissioner pursuant to
this act shall be guilty of a misdemeanor, and in addition thereto,
may be enjoined from continuing such action. Each day upon which
such violation occurs shall constitute a separate violation.
Added by Laws 1982, c. 252, § 6.
§40-141.7. Bureau of boiler inspection - Establishment - Personnel -
Powers and duties.
There is hereby established a bureau of boiler inspection in the
Department of Labor under the direction of the chief boiler
inspector, who shall have at the time of appointment a valid
commission issued in accordance with the constitution and bylaws of
the National Board of Boiler and Pressure Vessel Inspectors and shall
be responsible to the Commissioner of Labor or his duly authorized
representative for the supervision, inspection and testing of boilers
and pressure vessels throughout the state.
B. The bureau of boiler inspection shall be furnished with
sufficient personnel, deputy inspectors and clerical aides to perform
the assigned duties with the limits prescribed by the Commissioner of
Labor.
C. Powers. The chief boiler inspector and deputy inspectors,
under the supervision of the Commissioner of Labor, shall:
1. Take action necessary for the enforcement of this act and
these rules and regulations;
2. Keep a complete record of the name and address of the owner
or user, location, type, dimensions, maximum allowable working
pressure, age, dates of installation and last-recorded inspection of
all boilers and pressure vessels to which this act applies;
3. Make available upon request copies of the rules and
regulations promulgated by the Department;
4. Issue, suspend or revoke for cause, certificates of operation
as provided for in Section 14 of this act; and
5. Cause the prosecution of violators of the provisions of this
act, rules and regulations.
Added by Laws 1982, c. 252, § 7.
§40-141.8. Deputy boiler inspectors.
A. The chief boiler inspector shall employ deputy inspectors,
subject to approval of the Commissioner of Labor, who shall be
responsible to the chief boiler inspector and who shall have at the
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time of appointment a valid commission issued in accordance with the
constitution and bylaws of the National Board of Boiler and Pressure
Vessel Inspectors.
B. The deputy inspectors may at the Commissioner's discretion be
appointed in a trainee status provided the trainees successfully
complete the examination as defined in Section 141.10 of this title
and receive a valid National Board Commission within twenty-four (24)
months after appointment.
Added by Laws 1982, c. 252, § 8. Amended by Laws 2018, c. 36, § 1,
eff. Nov. 1, 2018.
§40-141.9. Certificates of competency designating special inspectors
and owner-user inspectors of boiler and pressure vessels – Exemption
from liability.
A. 1. Certificates of competency designating special inspectors
of boilers and pressure vessels shall be issued by the Commissioner
upon request of any authorized inspection agency, which has been
licensed or registered by the appropriate authority of this state.
All such authorized inspection agencies shall provide boiler and
pressure vessel insurance coverage and be actively engaged in writing
this type coverage in this state.
2. Before receiving a certificate of competency, each inspector
shall receive a passing grade on the examination provided for by
Section 141.10 of this title, or shall hold a commission or
certificate of competency as an inspector of boilers or pressure
vessels from a state that has a standard of examination equal to that
of this state, or a commission as an inspector of boilers and
pressure vessels issued by the National Board of Boiler and Pressure
Vessel Inspectors.
3. Special inspectors shall not receive any salary or expenses
from this state, and a certificate of competency shall be valid only
as long as such special inspectors are in full-time employment of an
authorized inspection agency.
4. Special inspectors may inspect all boilers and pressure
vessels insured by their respective authorized inspection agency.
5. The inspections required pursuant to the Boiler and Pressure
Vessel Safety Act that are conducted incidental to the issuance or
renewal of boiler and machinery insurance shall not subject an
insurer, whether domestic or foreign, its agents or its employees to
liability for damages for any act or omission in the course of
performing inspections as provided by this section. This section
shall not apply if the gross negligence of the insurer, its agent or
its employee created the condition that was the proximate cause of
the injury, death or loss.
6. The insurance company shall apply on or before January 31 of
each year for renewal of certificates of competency for each special
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inspector employed who inspects boilers and pressure vessels insured
in this state. The fee must accompany application.
B. 1. Certificates of competency designating owner-user
inspectors of boilers or pressure vessels or both shall be issued by
the Commissioner upon request of any company operating boilers or
pressure vessels or both in this state. The owner-user shall
maintain a regularly established inspection department which is under
the supervision of one or more technically competent individuals
whose qualifications and whose organization and inspection procedures
are in accordance with paragraph 4 of subsection A of Section 141.3
of this title and acceptable to the Commissioner of Labor. Boilers
and pressure vessels shall be inspected regularly and in accordance
with applicable provisions of the rules and regulations adopted by
the Commissioner pursuant to this act.
2. Before receiving a certificate of competency, each inspector
shall attain a passing grade on the examination provided for by
Section 141.10 of this title, or shall hold a certificate of
competency as an inspector from a state that has a standard of
examination equal to that of this state, or who holds a valid
commission issued in accordance with the constitution and bylaws of
the National Board of Boiler and Pressure Vessel Inspectors.
3. A certificate of competency as an owner-user inspector shall
be issued only if, in addition to meeting the requirements in
paragraph 2 of this subsection, the inspector is continuously
employed by the company and is responsible for making inspection of
boilers and pressure vessels used by such company.
4. Owner-user inspectors shall not receive any salary or
expenses from this state and a certificate of competency shall be
valid only as long as such owner-user inspector is employed full time
by a qualified owner-user inspection agency, in accordance with the
applicable provisions of the rules and regulations adopted pursuant
to this act.
5. The owner-user inspection agency will apply on or before
January 31 of each year for renewal of competency for each owner-user
inspector employed in this state. The fee must accompany
application.
6. Such owner-user inspectors may inspect all pressure vessels
operated by their respective companies and, when so inspected, the
owners and users of such pressure vessels shall be exempt from the
payment to the state of the inspection fees provided for in Section
141.16 of this title.
Added by Laws 1982, c. 252, § 9. Amended by Laws 2018, c. 82, § 1,
eff. Nov. 1, 2018.
§40-141.10. Examination of inspectors.
A. The examination for chief boiler inspector, deputy
inspectors, special inspectors or owner-user inspectors, except those
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owner-user inspectors within the scope of the American Petroleum
Institute Pressure Vessel Inspection Code, shall be written and shall
be held in accordance with the constitution and bylaws of the
National Board of Boiler and Pressure Vessel Inspectors.
B. A written examination for owner-user inspectors within the
scope of the American Petroleum Institute Pressure Vessel Inspection
Code shall be administered by the Department of Labor based upon the
content of the American Petroleum Institute Pressure Vessel
Inspection Code and the American Society of Mechanical Engineers
Boiler and Pressure Vessel Codes pertaining to pressure vessels.
Added by Laws 1982, c. 252, § 10. Amended by Laws 2018, c. 36, § 2,
eff. Nov. 1, 2018.
§40-141.11. Suspension of inspector's certificate of competency.
An inspector's certificate of competency may be suspended by the
Commissioner of Labor after due investigation for the incompetence or
untrustworthiness of the inspector or for the willful falsification
of any matter or statement contained in his application, or a report
of any inspections made by him. Written notice of any such
suspension shall be transmitted by the Commissioner of Labor to the
inspector and his employer not more than ten (10) days following the
suspension. A person whose certificate of competency has been
suspended shall be entitled to an appeal as provided by the Oklahoma
Administrative Procedures Act.
Added by Laws 1982, c. 252, § 11.
§40-141.12. Lost, stolen or destroyed certificate of competency.
If a certificate of competency is lost, stolen or destroyed, a
new certificate of competency may be issued without reexamination.
Added by Laws 1982, c. 252, § 12.
§40-141.13. Inspection of certain boilers and pressure vessels.
A. The Commissioner of Labor or the chief boiler inspector, or
any deputy inspector, shall have free access, during reasonable
hours, to any premises in the state where a boiler or pressure vessel
is being constructed for use in, or is being installed in this state
for the purpose of ascertaining whether such boiler or pressure
vessel is being constructed and installed in accordance with the
provisions of the Boiler and Pressure Vessel Safety Act.
B. Each boiler and pressure vessel covered by the Boiler and
Pressure Vessel Safety Act shall be thoroughly inspected as to its
construction, installation and condition as follows:
1. Power boilers and high pressure high temperature water
boilers shall receive an inspection annually which shall be an
internal inspection where construction permits; otherwise it shall be
as complete an inspection as possible. Such boilers shall also be
externally inspected annually preferably while under pressure;
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2. Low pressure steam or vapor heating boilers shall receive an
external inspection annually with an internal inspection at least
every two (2) years where construction permits;
3. Hot water heating and hot water supply boilers shall receive
an external inspection annually with an internal inspection at the
discretion of the inspector;
4. Hot water supply heaters shall receive a certificate
inspection annually, if possible, but biennially as a minimum;
5. Pressure vessels, excluding those within the scope of the
American Petroleum Institute Pressure Vessel Inspection Code, subject
to internal corrosion and waste heat steam generators shall receive
an internal inspection triennially where construction permits.
Pressure vessels not subject to internal corrosion shall receive an
inspection at intervals set by the Commissioner. Frequency of
external inspections of pressure vessels shall be set by the
Commissioner;
6. A grace period of two (2) months beyond the periods specified
in paragraphs 1, 2, 3, 4 and 5 of this subsection is permitted
between inspections; however, the inspection due date shall not be
affected; provided, however, for an entity with two or more boilers
or pressure vessels, the Commissioner may allow all inspections of
the boilers or pressure vessels to be conducted at that location at
the same time;
7. The Commissioner of Labor may provide for longer periods
between inspections in the rules for specific boilers and pressure
vessels; and
8. Under the provisions of the Boiler and Pressure Vessel Safety
Act, the Commissioner of Labor is responsible to provide rules for
the safety of life, limb and property and therefore has jurisdiction
over the interpretation and application of the inspection
requirements as provided for in the rules. Inspection during
construction and installation shall certify as to the minimum
requirement for safety as defined in the American Society of
Mechanical Engineers Code or other construction standards acceptable
to the Commissioner of Labor. Inspection requirements of operating
equipment shall be in accordance with generally accepted practice and
compatible with the actual service condition, such as:
a. previous experience, based on records of inspection,
performance and maintenance,
b. location, with respect to personnel hazard,
c. quality of inspection and operating personnel,
d. provision for related safe operating controls, and
e. interrelation with other operations outside the scope
of the Boiler and Pressure Vessel Safety Act.
Based upon the documentation of such actual service conditions by
the owner or user of the operating equipment, the Commissioner of
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Labor may, at his discretion, permit variations in the inspection
requirements.
C. The inspections herein required shall be made by the
Commissioner, chief boiler inspector, deputy inspector or a special
inspector as provided for in the Boiler and Pressure Vessel Safety
Act except that hot water supply heaters may be inspected by state-
licensed boiler operators or state-licensed plumbers or plumbing
contractors. The Commissioner of Labor may designate by rule the hot
water supply heaters, by design type, that are not subject to
inspection.
D. Owner-user inspection of boilers and pressure vessels is
permitted provided the owner-user inspection service is regularly
established and is under the supervision of one or more individuals
whose qualifications are satisfactory to the Commissioner of Labor
and the owner-user causes the pressure vessels to be inspected in
conformance with the National Board Inspection Code or American
Petroleum Institute Pressure Vessel Inspection Code as applicable.
E. If, at the discretion of the inspector, a hydrostatic test
shall be deemed necessary, it shall be made by the owner or user or
his licensed representative and witnessed by an inspector as
authorized by the Boiler and Pressure Vessel Safety Act, before a
certificate of operation is issued.
F. All boilers, other than cast iron sectional boilers, and
pressure vessels to be installed in this state after the twelve-month
period from the date upon which the rules of the Commissioner become
effective, shall be inspected during construction as required by the
applicable rules by an inspector authorized to inspect boilers and
pressure vessels in this state, or if constructed outside of the
state, by an inspector holding a valid commission issued by the
National Board of Boiler and Pressure Vessel Inspectors.
G. No person, firm or corporation shall in any manner interfere
with the performance of the official duties of any inspector
authorized by the Boiler and Pressure Vessel Safety Act.
Added by Laws 1982, c. 252, § 13. Amended by Laws 2000, c. 295, § 6,
eff. Nov. 1, 2000; Laws 2016, c. 93, § 1, eff. Nov. 1, 2016; Laws
2018, c. 36, § 3, eff. Nov. 1, 2018.
§40-141.14. Inspection report - Inspection record - Certificate of
operation - Suspension of certificate.
A. 1. Each authorized inspection agency employing special
inspectors meeting the requirements of subsection A of Section 9 of
this act shall, within thirty (30) days following each inspection
made by such inspectors, file an exact copy of the report of the
inspection with the chief boiler inspector upon appropriate forms as
promulgated by the Commissioner of Labor; and
2. Each company operating pressure vessels covered by owner-user
inspections service meeting the requirements of subsection B of
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Section 9 of this act shall maintain in its files an inspection
record which shall list, by number and such abbreviated description
as may be necessary for identification, each pressure vessel covered
by this act, the date of the last inspection of each pressure vessel
and the approximate date for the next inspection. The inspection
record shall be available for examination by the chief inspector or
his authorized representative during business hours. Each such
company shall, in addition, file annually with the chief inspector a
statement, signed by the individual having supervision over the
inspections made during the period covered thereby, stating the
number of pressure vessels covered by this act inspected during the
year and certifying that each such inspection was conducted pursuant
to the inspection requirements provided for by this act.
Such annual statement shall be accompanied by a fee equal to that
shown in subparagraph c of paragraph 2 of subsection A of Section 16
of this act.
B. If the report filed pursuant to subsection A of this section
shows that a boiler or pressure vessel is found to comply with the
rules and regulations of the Commissioner of Labor and upon direct
payment to the Department of Labor by the owner or user of the fee
prescribed shall issue the owner or user a certificate of operation.
The certificate of operation shall be valid for a period consistent
with the inspection frequency as required by Section 13 of this act.
In the case of those boilers and pressure vessels covered by
paragraphs 1, 2, 3 and 4 of subsection B of Section 13 of this act
for which the Commissioner of Labor has established or extended the
operating period between required inspections, pursuant to the
provisions of paragraph 7 or 8 of subsection B of Section 13 of this
act, the certificate of operation shall be valid for a period of not
more than two (2) months beyond the period set by the Commissioner.
Certificates of operation for boilers shall be posted under glass, or
similarly protected, in the room containing the boiler. Pressure
vessel certificates of operation shall be posted in like manner, if
convenient, or filed where they will be readily accessible for
examination by the Commissioner, chief boiler inspector or deputy
inspector.
C. The chief boiler inspector or deputy inspectors may at any
time suspend a certificate of operation if the boiler or pressure
vessel for which it is issued is deemed a menace to the public
safety, or when the boiler or pressure vessel is found not to comply
with the rules and regulations herein provided. Each suspension of a
certificate of operation shall continue in effect until such boiler
or pressure vessel shall have been made to conform to the rules and
regulations, and until said certificate of operation shall have been
reinstated.
Added by Laws 1982, c. 252, § 14.
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§40-141.15. Certificate of operation required - Violations.
After twelve (12) months for power boilers, twenty-four (24)
months for low pressure steam heating, hot water heating and hot
water supply boilers, and thirty-six (36) months for pressure vessels
following the date on which this act becomes effective, it shall be
unlawful for any person, firm, partnership or corporation to operate
in this state a boiler or pressure vessel covered by this act,
including boilers and pressure vessels covered by owner-user
inspection service provided for in Section 14, without a valid
certificate of operation. The operation of a boiler or pressure
vessel without such certificate of operation, or at a pressure
exceeding that specified in such certificate of operation or in
violation of this act or the rules and regulations promulgated under
it, shall constitute a misdemeanor on the part of the owner, user or
operator thereof. Each day of such unlawful operation shall be
deemed a separate offense.
Added by Laws 1982, c. 252, § 15.
§40-141.16. Fees - Department of Labor Revolving Fund
A. The Commissioner of Labor may promulgate rules establishing a
schedule of administrative fees for the registration, inspection and
operation of boilers, pressure vessels and steam lines. The
following fees shall remain in effect until rules become effective,
at which time the fees contained in this subsection shall be
superseded by rule. Fees collected by the Department of Labor for
the registration, inspection and operation of boilers, pressure
vessels and steam lines shall be deposited as provided in subsection
C of this section.
1. a. Annual certificate of operation fee shall be as
follows:
(1) with manway state inspector $75.00
(2) without manway state inspector
$50.00
(3) any size special - or owner/user
inspector $50.00
(4) each public hot water supply heater
(biennially) $5.00
(5) each public boiler
inspection/certification $25.00
b. Only one certificate of operation fee per year may be
charged; except an additional fee equal to the
certificate of operation fee may be charged for
witnessing a hydrostatic test required after repairs,
provided a fee equal to the total fees identified in
division (1) or (2) of subparagraph a of this
paragraph, whichever is appropriate, and subparagraph f
of paragraph 2 of this subsection may be charged when
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the pressure-retaining item is not prepared and ready
pursuant to rules promulgated by the Commissioner of
Labor at the time of the inspection.
2. Other Fees
a. hydrostatic test of steam pipeline per
day $150.00
(for each additional half-day or part
thereof) $75.00
b. shop review fees $3,000.00
c. licensing fees
(1) repair, service, install (annually)
$50.00
(2) boiler operator (biennially) $50.00
d. certificate of competency fee $15.00
e. examination fee $50.00
f. boiler or pressure vessel inspection fee
for certificate inspections by state
inspectors $155.00
g. authorized inspector services for weld
repairs or alterations, per eight-hour
day or part thereof $300.00
h. a fee as established by rule may be
assessed for the issuance of duplicate
licenses and certificates, not to exceed
$10.00
B. All institutions owned or operated by the State of Oklahoma
or its agencies or by any county, municipality or school district,
and such institutions or agencies, and all owners or users of boilers
or pressure vessels of historical significance as specified in
subsection D of Section 141.5 of this title are exempt from the
payment of only those fees provided for in paragraph 2 of subsection
A of this section.
C. The Commissioner shall account for and deposit fee revenue
received pursuant to this section to the credit of the Department of
Labor Revolving Fund, except Two Hundred Fifty-four Thousand Two
Hundred Sixty-five Dollars ($254,265.00) of the fee revenue received
each fiscal year shall be transferred to the State Treasury to the
credit of the General Revenue Fund.
D. All fees shall be paid directly to the Department of Labor.
Added by Laws 1982, c. 252, § 16. Amended by Laws 1991, c. 215, §
14, eff. July 1, 1991; Laws 1992, c. 305, § 1, emerg. eff. May 27,
1992; Laws 2001, c. 57, § 1, eff. July 1, 2001; Laws 2004, c. 554, §
1, eff. Sept. 1, 2004; Laws 2008, c. 260, § 1, eff. July 1, 2008;
Laws 2009, c. 414, § 1, eff. July 1, 2009; Laws 2010, c. 414, § 2,
eff. July 1, 2010; Laws 2014, c. 336, § 1, eff. Nov. 1, 2014; Laws
2016, c. 93, § 2, eff. Nov. 1, 2016.
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§40-141.17. Bond.
The chief boiler inspector and deputy inspectors shall be bonded
in the sum of Five Thousand Dollars ($5,000.00) conditioned upon
faithful performance of duty and true account of all money and proper
disposition of all said money.
Added by Laws 1982, c. 252, § 17.
§40-141.18. Accidents and incidents - Investigation and inquiry -
Notice.
A. The Department of Labor has total jurisdiction over the
investigation or inquiry into accidents and incidents arising within
the definitions of this act.
B. It shall be mandatory for all owners, users or operators to
immediately notify the Department of Labor and secure the total
accident or incident area by whatever means is practical until such
time as the Department of Labor representative or a designee of the
Commissioner arrives on the scene, except in case of the protection
of life or limb as a result of said accident or incident.
Added by Laws 1982, c. 252, § 18.
§40-141.19. Department of Labor Revolving Fund
There is hereby created in the State Treasury a revolving fund
for the Department of Labor to be designated the "Department of Labor
Revolving Fund". The fund shall be a continuing fund, not subject to
fiscal year limitations, and shall consist of all monies designated
for deposit in such fund. All monies accruing to the credit of the
fund are hereby appropriated and may be budgeted and expended by the
Department of Labor for operations and expenses relating to its
statutory duties and responsibilities. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
Added by Laws 1996, c. 362, § 2, eff. Sept. 1, 1996. Amended by Laws
2012, c. 304, § 135; Laws 2016, c. 82, § 1, eff. Nov. 1, 2016.
§40-141.19a. Discontinuation of revolving funds.
A. On the effective date of this act, the Workers’ Compensation
Enforcement Revolving Fund, the Safety Standards Revolving Fund and
the Elevator Safety Fund shall be discontinued, and all funds in the
Workers’ Compensation Enforcement Revolving Fund, the Safety
Standards Revolving Fund and the Elevator Safety Fund shall be
transferred to the Department of Labor Revolving Fund, created in
Section 141.19 of Title 40 of the Oklahoma Statutes.
B. After the effective date of this act, any revenue placed to
the credit of the Workers’ Compensation Enforcement Revolving Fund,
the Safety Standards Revolving Fund and the Elevator Safety Fund
shall be placed in the Department of Labor Revolving Fund.
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Added by Laws 2010, c. 414, § 1, eff. July 1, 2010.
§40-141.20. Petty cash fund.
A. The Director of the Office of Management and Enterprise
Services is hereby authorized, upon request by the Commissioner of
Labor, to establish a petty cash fund for the Department of Labor in
an amount not to exceed Four Hundred Dollars ($400.00), to be used
for the purpose of making change for persons obtaining licenses and
transacting other business with the Department.
B. The fund shall be established and replenished from any monies
available to the Department for operating expenses.
C. The Director of the Office of Management and Enterprise
Services shall prescribe all forms, systems, and procedures for
administering the fund.
Added by Laws 1999, c. 404, § 1, emerg. eff. June 10, 1999. Amended
by Laws 2012, c. 304, § 136.
§40-142.1. Regulation of compressed natural gas fueling stations –
Implementation and enforcement of Alternative Fuels Technician
Certification Act – Transfer of duties and authority to Department of
Labor.
A. On the effective date of this act, all powers, duties,
responsibilities, records and equipment of the Corporation Commission
relating exclusively to the regulation of compressed natural gas
fueling stations are hereby transferred and shall be placed under the
authority of the Department of Labor.
B. On the effective date of this act, all powers, duties,
responsibilities, records and equipment of the Office of Management
and Enterprise Services relating exclusively to the implementation
and enforcement of the Alternative Fuels Technician Certification Act
are hereby transferred and shall be placed under the authority of the
Department of Labor. To the extent practicable, the transfer shall
include all computer hardware and software used in regulating the
functions listed in this subsection.
C. The Corporation Commission, the Commissioner of Labor and the
Director of the Office of Management and Enterprise Services may
contract for additional legal and administrative services as
necessary to effectuate the transfers as provided for in this
section.
D. 1. All unexpended funds, property, furnishings, equipment,
supplies, records, and outstanding financial obligations and
encumbrances of the Corporation Commission relating to the regulation
of natural gas fueling stations and of the Office of Management and
Enterprise Services relating to the implementation and enforcement of
the Alternative Fuels Technician Certification Act shall be
transferred to the Department of Labor for the continuing performance
of duties relating to the regulation of natural gas fueling stations
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and implementation and enforcement of the Alternative Fuels
Technician Certification Act. No funds, property, furnishings,
equipment, supplies or records may be expended or used for any
purpose other than the performance of duties and responsibilities as
directed and required in this act.
2. Any funds, properties, furnishings, equipment, supplies, or
records related in any manner to the regulation of natural gas
fueling stations and implementation and enforcement of the
Alternative Fuels Technician Certification Act which may not be in
the current possession of the Corporation Commission or the Office of
Management and Enterprise Services on the effective date of this act,
but which come into the possession of the Corporation Commission or
the Office of Management and Enterprise Services after the transfer
of authority to the Department of Labor as provided in this act,
shall immediately be transferred to the Department of Labor. Items
subject to the immediate transfer shall include, but are not limited
to, any misdirected licensing fees or payments of outstanding
administrative fines.
E. The Corporation Commission and the Director of the Office of
Management and Enterprise Services shall not enter into any contract
or agreement relating to the regulation of natural gas fueling
stations or implementation and enforcement of the Alternative Fuels
Technician Certification Act extending beyond the effective date of
the transfer without approval by the Commissioner of Labor.
F. All licenses, registrations, certifications and
accreditations issued by the Office of Management and Enterprise
Services pursuant to the Alternative Fuels Technician Certification
Act that are in effect on the effective date of this act shall remain
in full force and effect and shall be enforceable by the Department
of Labor.
G. The Director of the Office of Management and Enterprise
Services shall coordinate the transfer of funds, allotments, purchase
orders and outstanding financial obligations and encumbrances
relating to the regulation of natural gas fueling stations and the
implementation and enforcement of the Alternative Fuels Technician
Certification Act as transferred pursuant to the provisions of this
act.
H. Upon the effective date of this act, all administrative rules
promulgated by the Office of Management and Enterprise Services
relating to the implementation and enforcement of the Alternative
Fuels Technician Certification Act shall be enforceable by the
Commissioner of Labor. The rules shall continue in force and effect
after the effective date of this act, and the Commissioner of Labor
shall have authority to amend, repeal, recodify or make additions to
the rules pursuant to the Administrative Procedures Act.
Added by Laws 2014, c. 328, § 1.
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§40-142.2. Inspection by Department of Labor.
A. The Department of Labor shall have authority to have access
to and inspect any equipment, including compression equipment and
storage tanks, practices or methods used by or in association with
any public access compressed natural gas fueling station or pump.
B. The Department may promulgate rules as necessary to implement
the provisions of this section.
Added by Laws 2013, c. 95, § 1, emerg. eff. April 22, 2013. Amended
by Laws 2014, c. 328, § 2. Renumbered from § 348 of Title 52 by Laws
2014, c. 328, § 14.
NOTE: Editorially renumbered from § 142.1 of this title to avoid a
duplication in numbering.
§40-142.3. Short title - Alternative Fuels Technician Certification
Act.
This act shall be known and may be cited as the "Alternative
Fuels Technician Certification Act".
Added by Laws 1990, c. 294, § 1, operative July 1, 1990. Renumbered
from § 420.51 of Title 52 by Laws 1991, c. 235, § 24, eff. July 1,
1991. Amended by Laws 2014, c. 328, § 3. Renumbered from § 130.11
of Title 74 by Laws 2014, c. 328, § 15.
NOTE: Editorially renumbered from § 142.2 of this title to avoid a
duplication in numbering.
§40-142.4. Legislative intent.
It is the intent of the Oklahoma Legislature that the State Board
of Career and Technology Education develop curriculum for the
training of technicians for the installation and conversion of
engines to be fueled by alternative fuels as the technologies are
developed. It is further the intent of the Oklahoma Legislature that
Oklahoma State University Institute of Technology-Okmulgee develop
curriculum for the training of technicians for the installation,
service, modification, repair or renovation of fill stations. It is
further the intent of the Oklahoma Legislature to enact legislation
which promotes the development of technology in a manner that ensures
the health and safety of the citizens of this state.
Added by Laws 1990, c. 294, § 2, operative July 1, 1990. Renumbered
from § 420.52 of Title 52 by Laws 1991, c. 235, § 24, eff. July 1,
1991. Amended by Laws 1994, c. 379, § 5, eff. Sept. 1, 1994; Laws
2001, c. 83, § 1, eff. Nov. 1, 2001; Laws 2008, c. 54, § 8, eff. July
1, 2008. Renumbered from § 130.12 of Title 74 by Laws 2014, c. 328,
§ 16.
NOTE: Editorially renumbered from § 142.3 of this title to avoid a
duplication in numbering.
NOTE: Laws 2001, c. 33, § 170 repealed by Laws 2001, c. 414, § 16,
eff. Nov. 1, 2001.
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§40-142.5. Definitions.
As used in the Alternative Fuels Technician Certification Act:
1. "Alternative fuels" means liquefied petroleum gas, natural
gas and liquid fuels produced from natural gas, methanol, ethanol,
electricity, coal-derived liquid fuels, hydrogen, biodiesel and fuels
derived from biological materials;
2. "Alternative fuels equipment technician" means any person who
installs, modifies, repairs or renovates equipment used in the
conversion of any engines to engines fueled by alternative fuels.
This includes originally equipped manufactured engines dedicated to
operate on an alternative fuel;
3. "Alternative fuels compression technician" means any person
who installs, services, modifies, repairs or renovates fill stations;
4. "Committee" means the Committee of Alternative Fuels
Technician Examiners;
5. "Compressed natural gas vehicular fuel system" means an
object or objects mounted, installed, attached or otherwise placed
upon or within a vehicle or vehicle trailer to supply or assist in
the supply of compressed natural gas as a fuel to an internal
combustion engine or engines;
6. "Electric vehicle technician" means any person who installs,
modifies, repairs, performs maintenance on, or renovates onboard
charging systems, motors, controllers, power sources, or the drive
systems of vehicles powered by electricity that is greater than
eighty (80) volts. This includes vehicles originally equipped as
electric vehicles, vehicles converted from gliders, and vehicles
converted from internal combustion engine vehicles;
7. "Fill station" means the equipment and conveyance property
that provides the delivery and, if required, compression of an
alternative fuel other than electricity; and
8. "Glider" means a vehicle built without an engine or fuel
system for the purpose of converting it to an electric vehicle.
Added by Laws 1990, c. 294, § 3, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 8, eff. July 1, 1991. Renumbered from § 420.53
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1993, c. 224, § 4, eff. Sept. 1, 1993; Laws 1994, c. 379, §
6, eff. Sept. 1, 1994; Laws 1998, c. 160, § 5, eff. Nov. 1, 1998;
Laws 1998, c. 343, § 1, emerg. eff. June 5, 1998; Laws 2001, c. 83, §
2, eff. Nov. 1, 2001; Laws 2009, c. 371, § 6, emerg. eff. May 29,
2009. Renumbered from § 130.13 of Title 74 by Laws 2014, c. 328, §
17. Amended by Laws 2015, c. 181, § 1, emerg. eff. April 27, 2015.
NOTE: Editorially renumbered from § 142.4 of this title to avoid a
duplication in numbering.
NOTE: Laws 1998, c. 320, § 2 repealed by Laws 1999, c. 1, § 45,
emerg. eff. Feb. 24, 1999.
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§40-142.6. Committee of Alternative Fuels Technician Examiners -
Members - Terms - Vacancies - Duties - Expenses - Quorum.
A. There is hereby established the Committee of Alternative
Fuels Technician Examiners which shall consist of eight (8) members.
All members of the Committee shall be residents of this state.
B. Five voting members of the Committee shall be appointed by
the Commissioner of Labor as follows:
1. Three members shall be alternative fuels technicians selected
from a list of names submitted by the State Board of Career and
Technology Education, with at least one member being an alternative
fuels equipment technician and at least one member being an
alternative fuels compression technician;
2. One member shall be a person involved in compressed natural
gas technology in an oil and/or gas industry; and
3. One member shall be a person involved in liquefied petroleum
gas technology in an oil and/or gas industry.
C. Two additional voting members shall be appointed by the
Commissioner of Labor, one of whom shall be an electric vehicle
technician, and one of whom shall be a person involved in
manufacturing, conversion, or research in the electric vehicle
industry.
D. All members shall each have at least two (2) years of active
experience in alternative fuels technology. The terms of the voting
members initially appointed to the Committee shall be staggered as
follows:
1. One alternative fuels technician shall be appointed for a
term of two (2) years;
2. One alternative fuels technician shall be appointed for a
term of three (3) years;
3. One alternative fuels technician shall be appointed for a
term of four (4) years;
4. One person involved in compressed natural gas technology in
an oil and/or gas industry shall be appointed for a term of three (3)
years;
5. One person involved in liquefied petroleum gas technology in
an oil and/or gas industry shall be appointed for a term of four (4)
years;
6. One electric vehicle technician shall be appointed for a term
of two (2) years; and
7. One person involved in manufacturing, conversion, or research
in the electric vehicle industry shall be appointed for a term of
three (3) years.
Thereafter, each voting member of the Committee shall be
appointed for a term of five (5) years, or until their successors are
appointed and qualified.
The nonvoting member shall be designated by the Commissioner of
Labor to serve as Recording Secretary to the Committee.
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E. Vacancies which may occur in the membership of the Committee
shall be filled by appointment of the Commissioner of Labor. Each
person who has been appointed to fill a vacancy shall serve for the
remainder of the term for which the member such person succeeds was
appointed and until a successor has been appointed and has qualified.
Members of the Committee may be removed from office by the
Commissioner of Labor for cause in the manner provided by law for the
removal of officers not subject to impeachment.
F. The Committee shall assist and advise the Commissioner of
Labor on all matters relating to the formulation of rules and
standards in accordance with the Alternative Fuels Technician
Certification Act. The Commissioner of Labor or designee shall
administer the examinations of applicants for certification as
alternative fuels equipment technicians, alternative fuels
compression technicians, and electric vehicle technicians provided
that such examinations shall be in accordance with the provisions of
the Alternative Fuels Technician Certification Act.
G. All members of the Committee shall be reimbursed for expenses
incurred while in the performance of their duties in accordance with
the State Travel Reimbursement Act.
H. A majority of the total membership of the Committee shall
constitute a quorum for the transaction of business.
Added by Laws 1990, c. 294, § 4, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 9, eff. July 1, 1991. Renumbered from § 420.54
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1994, c. 379, § 7, eff. Sept. 1, 1994; Laws 1998, c. 160, §
6, eff. Nov. 1, 1998; Laws 2001, c. 33, § 171, eff. July 1, 2001;
Laws 2012, c. 304, § 825; Laws 2014, c. 328, § 4. Renumbered from §
130.14 of Title 74 by Laws 2014, c. 328, § 18. Amended by Laws 2015,
c. 181, § 2, emerg. eff. April 27, 2015; Laws 2016, c. 132, § 1,
emerg. eff. April 21, 2016.
NOTE: Editorially renumbered from § 142.5 of this title to avoid a
duplication in numbering.
§40-142.7. Examinations for certification of technicians.
A. Examinations for certification as alternative fuels equipment
technicians shall be uniform and practical in nature for alternative
fuels equipment technician certification and shall be sufficiently
strict to test the qualifications and fitness of the applicants for
certificates.
B. Examinations for certification as alternative fuels
compression technicians shall be uniform and practical in nature for
alternative fuels compression technician certification and shall be
sufficiently strict to test the qualifications and fitness of the
applicants for certificates.
C. Examinations for certification as electric vehicle
technicians shall be uniform and practical in nature for electric
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vehicle technician certification and shall be sufficiently strict to
test the qualifications and fitness of the applicants for
certificates.
D. Examinations shall be in whole or in part in writing. Any
applicant initially failing to pass the examination shall not be
permitted to take another examination for a period of thirty (30)
days. Any applicant subsequently failing to pass the examination
shall not be permitted to take another examination for a period of
thirty (30) days.
E. The Department of Labor shall enforce the provisions of this
section.
Added by Laws 1990, c. 294, § 5, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 10, eff. July 1, 1991. Renumbered from § 420.55
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1994, c. 379, § 8, eff. Sept. 1, 1994; Laws 1998, c. 160, §
7, eff. Nov. 1, 1998; Laws 2012, c. 304, § 826; Laws 2014, c. 328, §
5. Renumbered from § 130.15 of Title 74 by Laws 2014, c. 328, § 19.
Amended by Laws 2015, c. 181, § 3, emerg. eff. April 27, 2015.
NOTE: Editorially renumbered from § 142.6 of this title to avoid a
duplication in numbering.
§40-142.8. Certificate - Qualifications - Transfer or loan of
certificate - Standards for storage and handling of liquefied
petroleum gases and for electric vehicle charge stations.
A. The Department of Labor shall issue a certificate as an
alternative fuels equipment technician to any person who:
1. Has been licensed by the Oklahoma Liquefied Petroleum Gas
Board and has successfully passed the appropriate examination as
provided in the Alternative Fuels Technician Certification Act or has
been certified by the Committee as either having successfully passed
the appropriate examination or having a valid license or certificate
issued by another governmental entity with licensing or certification
requirements similar to those provided in the Alternative Fuels
Technician Certification Act; and
2. Has paid the certification fee and otherwise complied with
the provisions of the Alternative Fuels Technician Certification Act.
B. The Department of Labor shall issue a certificate as an
alternative fuels compression technician to any person who:
1. Has successfully passed the appropriate examination as
provided in the Alternative Fuels Technician Certification Act or has
been certified by the Committee as having a valid license or
certificate issued by another governmental entity with licensing or
certification requirements similar to those provided in the
Alternative Fuels Technician Certification Act; and
2. Has paid the certification fee and otherwise complied with
the provisions of the Alternative Fuels Technician Certification Act.
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C. The Department of Labor shall issue a certificate as an
electric vehicle technician to any person who:
1. Has been certified by the Committee as either having
successfully passed the appropriate examination or having a valid
license or certificate issued by another governmental entity with
licensing or certification requirements similar to those provided in
the Alternative Fuels Technician Certification Act; and
2. Has paid the certification fee and otherwise complied with
the provisions of the Alternative Fuels Technician Certification Act.
D. In the case of a company, partnership or corporation engaged
in the business of installing, servicing, repairing, modifying or
renovating equipment used in the conversion of engines to engines
fueled by alternative fuels, a separate certificate shall be issued
by the Department of Labor to that individual company, partnership or
corporation. This certificate is for the express purpose of
recognizing that the company, partnership or corporation is an
authorized alternative fuels conversion business and employs state-
certified alternative fuels equipment technicians. Any violations by
a certified alternative fuels equipment technician shall be deemed a
violation by the certified company, partnership or corporation
employing such certified technician. A company, partnership or
corporation engaged in the business of installing, servicing,
repairing, modifying or renovating equipment used in the conversion
of engines to engines fueled by alternative fuels shall provide the
Department of Labor with proof of liability insurance with limits of
not less than One Million Dollars ($1,000,000.00) general liability.
E. In the case of a company, partnership or corporation engaged
in the business of installing, servicing, repairing, modifying or
renovating fill stations, a separate certificate shall be issued by
the Department of Labor to that individual company, partnership or
corporation. This certificate is for the express purpose of
recognizing that the company, partnership or corporation is an
authorized fill-station installation business and employs state-
certified alternative fuels compression technicians or electric
vehicle technicians. Any violations by a certified alternative fuels
compression technician or electric vehicle technician shall be deemed
a violation by the certified company, partnership or corporation
employing such certified technician. A company, partnership or
corporation engaged in the business of installing, servicing,
repairing, modifying or renovating fill stations shall provide the
Department of Labor with proof of liability insurance with limits of
not less than One Million Dollars ($1,000,000.00) general liability.
F. In conjunction with subsection A of this section, the
Department of Labor shall issue an Alternative Fuels Equipment
Installation Certification to any public entity or private company,
partnership or corporation that operates commercial, private or
public fleets of vehicles and employs ten or more auto service
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technicians per location. The certification shall be based on the
ability of the applicant to provide their own alternative fuels
equipment technician training program which shall be certified by the
Department of Labor, Committee of Alternative Fuels Technician
Examiners. This subsection shall not apply to allow certification of
any alternative fuels compression technician training programs.
G. All alternative fuels equipment technician certificates,
alternative fuels compression technician certificates, and electric
vehicle technician certificates shall be nontransferable and it shall
be unlawful for any person certified pursuant to the provisions of
the Alternative Fuels Technician Certification Act to loan or allow
the use of such certificate by any other person, except as
specifically provided in the Alternative Fuels Technician
Certification Act.
H. The standards for the storage and handling of liquefied
petroleum gases in the codes adopted by the Oklahoma Uniform Building
Code Commission pursuant to the Oklahoma Uniform Building Code Act
shall be the accepted codes and standards for this state. The
standards for the installation of compressed natural gas vehicular
fuel systems adopted by the National Fire Protection Association and
published in its Pamphlet No. 52 shall be the accepted standards for
this state. The accepted standards for this state for electric
vehicle charge stations shall be the codes adopted by the Oklahoma
Uniform Building Code Commission. The standards for the design,
construction, installation, repair, use and inspection of alternative
fuel fueling stations, including residential fueling appliances and
facilities, in the codes adopted by the Oklahoma Uniform Building
Code Commission pursuant to the Oklahoma Uniform Building Code
Commission Act shall be the accepted codes and standards for this
state. The Commissioner of Labor is authorized, and it shall be the
duty of the Commissioner to adopt and promulgate such rules or
specifications relating to safety in the manufacture, assembly, sale,
installation and use of vehicular alternative fuel systems. The
Commissioner of Labor is further authorized to modify or amend such
rules or specifications as he or she deems reasonable and necessary.
I. The Department of Labor may issue an alternative fuels
trainee certificate to any person who submits a trainee application
to the Department within fifteen (15) business days of being hired by
a licensed alternative fuels conversion company. An alternative
fuels trainee shall be employed by a licensed alternative fuels
conversion company located in Oklahoma. A trainee shall work under
the direct supervision of a licensed alternative fuels equipment
technician. There shall be no more than two alternative fuels
trainees per licensed alternative fuels equipment technician at any
licensed Oklahoma alternative fuels conversion company at any one
time. An individual that holds a trainee license may engage in any
licensed category pursuant to the Alternative Fuels Technician
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Certification Act while under the direct supervision of an individual
holding the appropriate license in the category of activity being
performed.
J. The Department of Labor may issue an alternative fuels
compression trainee certificate to any person who submits a trainee
application to the Department within fifteen (15) business days of
being hired by a licensed alternative fuels fill-station installation
business. An alternative fuels compression trainee shall be employed
by a licensed alternative fuels fill-station installation business
located in Oklahoma. A trainee shall work under the direct
supervision of a licensed alternative fuels compression technician.
There shall be no more than two alternative fuels compression
trainees per licensed alternative fuels compression technician at any
licensed Oklahoma alternative fuels fill-station installation
business or the job site or sites of any such alternative fuels fill-
station installation business at any one time. An individual who
holds a trainee license may engage in any licensed category pursuant
to the Alternative Fuels Technician Certification Act while under the
direct supervision of an individual holding the appropriate license
in the category of activity being performed.
Added by Laws 1990, c. 294, § 6, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 11, eff. July 1, 1991. Renumbered from § 420.56
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1993, c. 224, § 5, eff. Sept. 1, 1993; Laws 1994, c. 379, §
9, eff. Sept. 1, 1994; Laws 1998, c. 160, § 8, eff. Nov. 1, 1998;
Laws 2012, c. 304, § 827; Laws 2014, c. 328, § 6. Renumbered from §
130.16 of Title 74 by Laws 2014, c. 328, § 20. Amended by Laws 2015,
c. 181, § 4, emerg. eff. April 27, 2015; Laws 2016, c. 132, § 2,
emerg. eff. April 21, 2016.
NOTE: Editorially renumbered from § 142.7 of this title to avoid a
duplication in numbering.
§40-142.9. Applications for examination, certification or renewal of
certification - Fees.
A. 1. All applications for examination, certification or
renewal of certification shall be made in writing to the Department
of Labor on forms provided, if necessary, by the Department of Labor.
All applications shall be accompanied by the appropriate fee.
2. If a person holds a valid Class I Dealer Permit properly
issued by the Oklahoma Liquefied Petroleum Gas Board, pursuant to
Section 420.4 of Title 52 of the Oklahoma Statutes, the requirements
of this section for certification or renewal of certification shall
not be required.
B. The following shall be the fees charged under the Alternative
Fuels Technician Certification Act.
Alternative Fuels Equipment Technician Examination $50.00
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Alternative Fuels Compression Technician Examination
$50.00
Electric Vehicle Technician Examination $50.00
Alternative Fuels Equipment Technician Certificate $50.00
Alternative Fuels Compression Technician Certificate
$50.00
Alternative Fuels Equipment or Compression Training
Certificate $25.00
Electric Vehicle Technician Certificate $50.00
Certificate renewal, if made within thirty (30) days
after expiration:
Alternative Fuels Equipment Technician Certificate $50.00
Alternative Fuels Compression Technician Certificate
$50.00
Alternative Fuels Equipment or Compression
Training Certificate $25.00
Electric Vehicle Technician Certificate $50.00
Penalty for Late Certification Renewal:
Alternative Fuels Equipment Technician Certificate $10.00
Alternative Fuels Compression Technician Certificate
$10.00
Electric Vehicle Technician Certificate $10.00
Company, Partnership or Corporation Certificate $100.00
Annual Renewal for Company, Partnership or Corporation
Certificate $100.00
Training Program Certification (one-time fee) $500.00
Alternative Fuels Installation Certification Per Location
$1,000.00
Annual Renewal of Alternative Fuels Installation
Certification Per Location $250.00
for each dispenser meter
at the location not to
exceed $1,000.00 per
location
Added by Laws 1990, c. 294, § 7, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 12, eff. July 1, 1991. Renumbered from § 420.57
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1993, c. 224, § 6, eff. Sept. 1, 1993; Laws 1994, c. 379, §
10, eff. Sept. 1, 1994; Laws 1997, c. 234, § 5, eff. Nov. 1, 1997;
Laws 1998, c. 160, § 9, eff. Nov. 1, 1998; Laws 1999, c. 366, § 6,
eff. July 1, 1999; Laws 2012, c. 304, § 828; Laws 2014, c. 328, § 7.
Renumbered from § 130.17 of Title 74 by Laws 2014, c. 328, § 21.
Amended by Laws 2015, c. 181, § 5, emerg. eff. April 27, 2015; Laws
2016, c. 132, § 3, emerg. eff. April 21, 2016.
NOTE: Editorially renumbered from § 142.8 of this title to avoid a
duplication in numbering.
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§40-142.10. Recertification - Rules and guidelines.
The Commissioner of Labor shall adopt rules and guidelines for
the expiration of certificates for alternative fuels equipment
technicians, alternative fuels compression technicians, and electric
vehicle technicians, and for determining the recertification of
alternative fuels equipment technicians, alternative fuels
compression technicians, and electric vehicle technicians.
Added by Laws 1990, c. 294, § 8, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 13, eff. July 1, 1991. Renumbered from § 420.58
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1994, c. 379, § 11, eff. Sept. 1, 1994; Laws 1998, c. 160, §
10, eff. Nov. 1, 1998; Laws 2012, c. 304, § 829; Laws 2014, c. 328, §
8. Renumbered from § 130.18 of Title 74 by Laws 2014, c. 328, § 22.
NOTE: Editorially renumbered from § 142.9 of this title to avoid a
duplication in numbering.
§40-142.11. Alternative Fuels Technician Examiners - Complaints -
Investigations - False or fraudulent representation - Suspension or
revocation of certificate – Administrative hearing – Record of action
– Reversal of revocation.
A. The Commissioner of Labor or designee may suspend or revoke
any license, certificate or registration for cause upon
recommendation of the Committee of Alternative Fuels Technician
Examiners and shall comply with the provisions of the Administrative
Procedures Act.
B. The Commissioner of Labor or designee may, upon the motion of
the Commissioner or designee, and shall, upon written complaint filed
by any person, investigate the business transactions of any certified
alternative fuels equipment or compression technician, or electric
vehicle technician. The results of the investigation may be
presented to the Committee and the Committee may recommend suspension
or revocation of the license, certificate or registration. The
Commissioner of Labor or designee shall suspend or revoke any
certificate or registration obtained by false or fraudulent
representation. The Commissioner of Labor or designee shall also
suspend or revoke any certificate or registration for any of the
following:
1. Making a material misstatement in the application for a
certificate or registration, or the renewal of a certificate or
registration;
2. Loaning or illegally using a certificate;
3. Demonstrating incompetence to act as an alternative fuels
equipment technician, alternative fuels compression technician, or
electric vehicle technician;
4. Violating any provisions of the Alternative Fuels Technician
Certification Act, or any rule or order prescribed by the Department
of Labor; or
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5. Willfully failing to perform normal business obligations
without justifiable cause.
Any person whose alternative fuels equipment technician
certificate, alternative fuels compression technician certificate, or
electric vehicle technician certificate has been revoked by the
Commissioner of Labor or designee may apply for a new certificate one
(1) year from the date of such revocation.
C. Before final action under subsections A and B of this
section, the Committee shall provide thirty (30) days written notice
to the applicant or licensee involved of the intended action and give
sufficient opportunity for the person to request an administrative
hearing and to be represented by an attorney. If requested, a
hearing shall be scheduled by the Commissioner as provided in the
Administrative Procedures Act.
D. In the event the Commissioner denies the application for, or
revokes or suspends, any certificate or imposes any reprimand, a
record of the action shall be in writing and officially signed by the
Commissioner. The original copy shall be filed with the Department
of Labor and a copy mailed to the affected applicant or licensee
within two (2) days of the final action taken by the Commissioner.
E. Notice of the suspension or revocation of any license shall
be made public record.
F. A suspended certificate shall be subject to expiration and
may be renewed as provided by the Alternative Fuels Technician
Certification Act, regardless of the term of suspension. A renewal
of a suspended certificate shall not remove the suspension term.
G. Except as otherwise provided, a revoked certificate
terminates on the date of revocation and cannot be reinstated. The
Commissioner may reverse the revocation action. Any licensee whose
certificate is revoked may apply for a new certificate. The licensee
shall meet all requirements for a certificate as stated in the
Alternative Fuels Technician Certification Act. The Committee may
recommend issuance or denial of a new certificate. In determining
whether to issue or deny a new certificate, the Committee shall
consider, but not be limited to, the nature, circumstances, and
gravity of the violation or violations leading to revocation, the
degree of culpability, and any show of good faith in attempting to
achieve compliance with the provisions of the Alternative Fuels
Technician Certification Act, and whether the applicant has
demonstrated good moral character.
Added by Laws 1990, c. 294, § 9, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 14, eff. July 1, 1991. Renumbered from § 420.59
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1994, c. 379, § 12, eff. Sept. 1, 1994; Laws 1998, c. 160, §
11, eff. Nov. 1, 1998; Laws 2012, c. 304, § 830; Laws 2014, c. 328, §
9. Renumbered from § 130.19 of Title 74 by Laws 2014, c. 328, § 23.
Amended by Laws 2015, c. 181, § 6, emerg. eff. April 27, 2015.
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NOTE: Editorially renumbered from § 142.10 of this title to avoid a
duplication in numbering.
§40-142.12. Work of technician by noncertified person.
After September 1, 1991, it shall be unlawful for any person to
perform the work or offer, by advertisement or otherwise, to perform
the work of an alternative fuels equipment technician until such
person has qualified and is certified as an alternative fuels
equipment technician. Beginning September 1, 1995, it shall be
unlawful for any person to perform work or offer, by advertisement or
otherwise, to perform the work of an alternative fuels compression
technician until such person has qualified and is certified as an
alternative fuels compression technician. Beginning November 1,
1998, it shall be unlawful for any person to perform the work or
offer, by advertisement or otherwise, to perform the work of an
electric vehicle technician until such person has qualified and is
certified as an electric vehicle technician. Electric vehicles that
have a manufacturer's warranty shall be serviced by an authorized new
car dealer. Any vehicle manufacturer's training center located in
the state, which offers alternative fuel and electric vehicle courses
meeting new car manufacturing requirements, shall be exempted from
this act. Provided, nothing in the Alternative Fuels Technician
Certification Act shall be construed to prohibit a noncertified
person from converting the engine of a farm tractor, as defined in
Section 1-118 of Title 47 of the Oklahoma Statutes, to an engine
fueled by alternative fuels, as long as such farm tractor is not
operated on the roads and highways of this state.
Added by Laws 1990, c. 294, § 10, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 15, eff. July 1, 1991. Renumbered from § 420.60
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 1994, c. 379, § 13, eff. Sept. 1, 1994; Laws 1998, c. 160, §
12, eff. Nov. 1, 1998. Renumbered from § 130.20 of Title 74 by Laws
2014, c. 328, § 24.
NOTE: Editorially renumbered from § 142.11 of Title 40 to avoid a
duplication in numbering.
§40-142.13. Change of address of holder of certificate or
registration.
Any holder of a certificate or registration issued in accordance
with the provisions of the Alternative Fuels Technician Certification
Act shall promptly notify the Department of Labor of any change in
such holder's address.
Added by Laws 1990, c. 294, § 11, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 16, eff. July 1, 1991. Renumbered from § 420.61
of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 2012, c. 304, § 831; Laws 2014, c. 328, § 10. Renumbered
from § 130.21 of Title 74 by Laws 2014, c. 328, § 25.
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NOTE: Editorially renumbered from § 142.12 of Title 40 to avoid a
duplication in numbering.
§40-142.14. Alternative Fuels Technician Certification Revolving
Fund – Alternative Fuels Inspection Fees and Fines Revolving Fund.
A. All monies received by the Department of Labor under the
Alternative Fuels Technician Certification Act and derived from
Alternative Fuels Technician certification fees and related
enforcement actions and fines shall be deposited with the State
Treasurer and credited to the "Alternative Fuels Technician
Certification Revolving Fund". The revolving fund shall be a
continuing fund not subject to fiscal year limitations and shall be
under the control and management of the Department of Labor.
Expenditures from this fund shall be made pursuant to the purposes of
the Alternative Fuels Technician Certification Act and shall include,
but not be limited to, payment of operating costs, costs of programs
designed to promote public awareness of the alternative fuels
industry, expenditures for the preparation and printing of
regulations, bulletins or other documents and the furnishing of
copies of the documents to those persons engaged in the alternative
fuels industry or the public, and expenses the Department of Labor
incurs to support program operations. Warrants for expenditures
shall be drawn by the State Treasurer based on claims signed and
approved for payment by the Director of the Office of Management and
Enterprise Services.
B. All monies received by the Department of Labor under the
Alternative Fuels Technician Certification Act and derived from the
inspection of alternative fuel fill stations and related enforcement
actions shall be deposited with the State Treasurer and credited to
the "Alternative Fuels Inspection Fees and Fines Revolving Fund".
The revolving fund shall be a continuing fund not subject to fiscal
year limitations and shall be under the control and management of the
Department of Labor. Expenditures from the fund shall be made
pursuant to the purposes of the Alternative Fuel Fill Station
Inspection and Licensing Program under the Alternative Fuels
Technician Certification Act and shall include, but not be limited
to, payment of administrative costs and other operational costs
supporting the program, payment of costs designed to promote public
awareness of the alternative fuels industry, expenditures for the
preparation and printing of regulations, bulletins or other documents
and the furnishing of copies of the documents to those persons
engaged in the alternative fuels industry or the public. Warrants
for expenditures shall be drawn by the State Treasurer based on
claims signed and approved for payment by the Director of the Office
of Management and Enterprise Services.
Added by Laws 1990, c. 294, § 12, operative July 1, 1990. Amended by
Laws 1991, c. 235, § 17, eff. July 1, 1991. Renumbered from § 420.62
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of Title 52 by Laws 1991, c. 235, § 24, eff. July 1, 1991. Amended
by Laws 2003, c. 372, § 12, eff. July 1, 2003; Laws 2010, c. 413, §
28, eff. July 1, 2010; Laws 2012, c. 304, § 832; Laws 2014, c. 328, §
11. Renumbered from § 130.22 of Title 74 by Laws 2014, c. 328, § 26.
Amended by Laws 2015, c. 181, § 7, emerg. eff. April 27, 2015.
NOTE: Editorially renumbered from § 142.13 of this title to avoid a
duplication in numbering.
§40-142.15. Violations - Criminal penalties.
Any person convicted of violating any provision of the
Alternative Fuels Technician Certification Act shall be guilty of a
misdemeanor. The continued violation of any provision of the
Alternative Fuels Technician Certification Act during each day shall
be deemed to be a separate offense. Upon conviction thereof the
person shall be punished by imprisonment in the county jail not to
exceed one (1) year, or by a fine of not more than One Thousand
Dollars ($1,000.00), or by both such fine and imprisonment for each
offense. The Commissioner of Labor or designee may request the
appropriate district attorney to prosecute such violation and seek an
injunction against such practice.
Added by Laws 1990, c. 294, § 13, operative July 1, 1990. Renumbered
from § 420.63 of Title 52 by Laws 1991, c. 235, § 24, eff. July 1,
1991. Renumbered from § 130.23 of Title 74 by Laws 2014, c. 328, §
27. Amended by Laws 2015, c. 181, § 8, emerg. eff. April 27, 2015.
NOTE: Editorially renumbered from § 142.14 of this title to avoid a
duplication in numbering.
§40-142.16. Violations - Civil penalties - Determination of penalty
amount - Surrender of certificate in lieu of fine – Administrative
hearing.
A. Any person who has been determined by the Commissioner of
Labor or designee to have violated any provision of the Alternative
Fuels Technician Certification Act or any rule or order issued
pursuant to the provisions of the Alternative Fuels Technician
Certification Act may be liable for a civil penalty of not more than
One Hundred Dollars ($100.00) for each day that said violation
occurs. The maximum civil penalty shall not exceed Ten Thousand
Dollars ($10,000.00) for any related series of violations.
B. The amount of the penalty shall be assessed by the
Commissioner of Labor or designee pursuant to the provisions of
subsection A of this section, after notice and hearing. In
determining the amount of the penalty, the Commissioner of Labor or
designee shall include, but not be limited to, consideration of the
nature, circumstances, and gravity of the violation and, with respect
to the person found to have committed the violation, the degree of
culpability, and any show of good faith in attempting to achieve
compliance with the provisions of the Alternative Fuels Technician
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Certification Act. All monies collected from such civil penalties
shall be deposited with the State Treasurer of Oklahoma and placed in
the Alternative Fuels Technician Certification Revolving Fund.
C. Any certificate holder may elect to surrender his certificate
in lieu of said fine but shall be forever barred from obtaining a
reissuance of said certificate.
D. In addition to, or in lieu of, the civil penalties set forth
in subsections A and B of this section, the Commissioner of Labor or
designee, at the discretion of the Commissioner or designee, may
assess the following fines for violations of the act:
1. Failure to meet the applicable adopted minimum
standards in the installation, modification, repair,
maintenance, or renovation of an alternative fuel
fill station, an electric vehicle charge station or
alternative fuel vehicle equipment, per occurrence:
$200.00
2. Performing the work or offering, by advertisement or
otherwise, to perform the work of an alternative
fuels equipment technician without valid
certification, per occurrence: $200.00
3. Performing the work or offering, by advertisement or
otherwise, to perform the work of an alternative
fuels compression technician without valid
certification, per occurrence: $200.00
4. Performing the work or offering, by advertisement or
otherwise, to perform the work of an electric
vehicle technician without valid certification, per
occurrence: $200.00
5. Performing the work or offering, by advertisement or
otherwise, to perform the work of an alternative
fuels installation company, partnership or
corporation without valid certification, per
occurrence: $500.00
E. Payment for the fines set forth in subsection D of this
section shall be due within thirty (30) days of issuance of a
citation by the Commissioner or designee. Any person wishing to
contest any of the aforementioned fines shall petition the
Commissioner or designee for an administrative hearing, in writing,
within thirty (30) days of issuance of the fine or fines. If
requested, the hearing shall then be scheduled by the Commissioner or
designee as provided in the Administrative Procedures Act.
F. Nothing in this section shall be construed to prevent
revocation or suspension of a certificate pursuant to Section 142.11
of this title.
Added by Laws 1990, c. 294, § 14, operative July 1, 1990. Renumbered
from § 420.64 of Title 52 by Laws 1991, c. 235, § 24, eff. July 1,
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1991. Renumbered from § 130.24 of Title 74 by Laws 2014, c. 328, §
28. Amended by Laws 2015, c. 181, § 9, emerg. eff. April 27, 2015.
NOTE: Editorially renumbered from § 142.15 of this title to avoid a
duplication in numbering.
§40-160. Mandated minimum wage - Minimum number of vacation or sick
leave days.
As a matter of public policy and due to an overriding state
interest, the Legislature hereby occupies and preempts the entire
field of legislation in this state touching in any way mandated
minimum wage and employee benefits regarding mandatory minimum number
of vacation or sick leave days. Notwithstanding any exemption from
state statutes previously allowed for certain municipalities pursuant
to Section 1-101 of Title 11 of the Oklahoma Statutes, no
municipality or other political subdivision of this state shall
establish a mandatory minimum number of vacation or sick leave days,
whether paid or unpaid, or a minimum wage rate which an employer
would be required to pay or grant employees. Any existing or future
ordinances, orders or regulations in this field, except as may be
specifically provided in this section, are null and void.
The provisions of this section shall not affect the minimum
number of vacation or sick leave days, whether paid or unpaid,
authorized by a municipality for its employees as a benefit of
employment.
Added by Laws 2014, c. 40, § 1, eff. July 1, 2014.
§40-165.1. Definitions.
As used only in Sections 165.1 through 165.11 of this title:
1. "Employer" means every individual, partnership, firm,
association, corporation, the legal representative of a deceased
individual, or the receiver, trustee or successor of an individual,
firm, partnership, association or corporation, employing any person
in this state;
2. "Employee" means any person permitted to work by an employer;
3. "Exempt employee" means those management level employees
exempt under the provisions of Section 213 of the Fair Labor
Standards Act, as amended, 29 U.S.C. Section 213, from the provisions
of Sections 206 and 207 of said act;
4. "Wages" means compensation owed by an employer to an employee
for labor or services rendered, including salaries, commissions,
holiday and vacation pay, overtime pay, severance or dismissal pay,
bonuses and other similar advantages agreed upon between the employer
and the employee, which are earned and due, or provided by the
employer to his employees in an established policy, whether the
amount is determined on a time, task, piece, commission or other
basis of calculation;
5. "Commissioner" means State Commissioner of Labor; and
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6. “Bona fide disagreement” means an honest and sincere belief
or assertion based on a dispute of a determinative fact or
application of law under this title which is supported by relevant
evidence.
Laws 1955, p. 240, § 1, emerg. eff. June 6, 1955; Laws 1982, c. 304,
§ 24, operative Oct. 1, 1982; Laws 1990, c. 333, § 18, emerg. eff.
May 31, 1990; Laws 2005, c. 359, § 1, eff. Nov. 1, 2005.
§40-165.2. Semimonthly or monthly payment of wages on regular
paydays - Payment in money - Itemized statement of deductions -
Prohibited payments - Dishonored checks.
Every employer in this state shall pay all wages due their
employees, other than exempt employees and employees of nonprivate
foundations qualified pursuant to 26 U.S.C. 509(a)(1) and 26 U.S.C.
170(b)(1)(A)(vi), at least twice each calendar month on regular
paydays designated in advance by the employer. State, county and
municipal employees, exempt employees, school district employees,
technology center school district employees and employees of
nonprivate foundations qualified pursuant to 26 U.S.C. 509(a)(1) and
26 U.S.C. 170(b)(1)(A)(vi) shall be paid a minimum of once each
calendar month. The amount due such employees shall be paid in
lawful money of the United States, including payment by electronic
means, and the employee shall not be deemed to have waived any right
or rights mentioned in this section because of any contract to the
contrary. With each payment of wages earned by such employee, the
employer shall issue to such employee a brief itemized statement of
any and all deductions therefrom. An interval of not more than
eleven (11) days may elapse between the end of the pay period worked
and the regular payday designated by the employer. The employer
shall be allowed three (3) days after such payday in which to comply
with this section.
No such employer shall issue, in payment of or as evidence of
indebtedness due an employee any check, cashier's check, draft, time
check, store order, scrip, or other acknowledgment of indebtedness
unless the same is payable or redeemable upon demand without discount
and for face value in lawful money of the United States. If an
employer pays an employee with a check which is subsequently returned
to the employee or an agent thereof by reason of the refusal of the
bank upon which such check was drawn to honor the same due to
insufficient funds or a stop payment notice, the employer shall
reimburse the employee for any fees or costs incurred by the employee
due to the refusal to honor the check within fourteen (14) days of
the employer's notice of the bank's refusal to honor the check.
Added by Laws 1955, p. 241, § 2, emerg. eff. June 6, 1955. Amended
by Laws 1967, c. 346, § 1, emerg. eff. May 18, 1967; Laws 1982, c.
304, § 25, operative Oct. 1, 1982; Laws 1990, c. 333, § 19, emerg.
eff. May 31, 1990; Laws 2002, c. 160, § 2, eff. Nov. 1, 2002; Laws
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2006, c. 277, § 2, eff. Nov. 1, 2006; Laws 2009, c. 164, § 1, eff.
Nov. 1, 2009; Laws 2013, c. 45, § 1, eff. July 1, 2013.
§40-165.2a. Administrative fine.
The Commissioner of Labor or designee is hereby authorized to
assess an administrative fine of Five Hundred Dollars ($500.00)
against an employer operating in this state who is found to have
violated Sections 165.1 through 165.11 of Title 40 of the Oklahoma
Statutes if such violations occur on two or more occasions within any
six-month period. All administrative fines collected pursuant to
this section shall be deposited to the Department of Labor Revolving
Fund.
Added by Laws 2002, c. 226, § 1, emerg. eff. May 9, 2002. Amended by
Laws 2003, c. 293, § 1, emerg. eff. May 27, 2003.
§40-165.3. Termination of employee - Payment - Failure to pay.
A. Whenever an employee's employment terminates, the employer
shall pay the employee's wages in full, less offsets and less any
amount over which a bona fide disagreement exists, as defined by
Section 165.1 of this title, at the next regular designated payday
established for the pay period in which the work was performed either
through the regular pay channels or by certified mail postmarked
within the deadlines herein specified if requested by the employee,
unless provided otherwise by a collective bargaining agreement that
covers the employee.
B. If an employer fails to pay an employee wages as required
under subsection A of this section, such employer shall be
additionally liable to the employee for liquidated damages in the
amount of two percent (2%) of the unpaid wages for each day upon
which such failure shall continue after the day the wages were earned
and due if the employer willfully withheld wages over which there was
no bona fide disagreement; or in an amount equal to the unpaid wages,
whichever is smaller; provided, however, that for the purpose of such
liquidated damages such failure shall not be deemed to continue after
the date of the filing of a petition in bankruptcy with respect to
the employer if he thereafter shall have been adjudicated bankrupt
upon such petition.
Laws 1955, p. 241, § 3, emerg. eff. June 6, 1955; Laws 1968, c. 270,
§ 1, emerg. eff. April 30, 1968; Laws 1974, c. 12, § 1, emerg. eff.
April 3, 1974; Laws 1982, c. 304, § 26, operative Oct. 1, 1982; Laws
2005, c. 359, § 2, eff. Nov. 1, 2005.
§40-165.3a. Payment of wages to surviving spouse and children.
Other than an employee provided with an option of beneficiary
designation with respect to his wages and benefits by his employer,
all wages earned by an employee, not exceeding Three Thousand Dollars
($3,000.00), shall, upon the employee's death, become due and payable
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to the employee's surviving spouse, or if there is no surviving
spouse, the dependent children, or their guardians or the
conservators of their estates, in equal shares, without the
necessity of a probate court action.
Added by Laws 1993, c. 263, § 1, emerg. eff. May 27, 1993. Amended
by Laws 1994, c. 114, § 1, emerg. eff. April 24, 1994.
§40-165.4. Bona fide disagreements.
A. In order to successfully allege a bona fide disagreement over
the amount of wages, the employer shall:
1. Pay such amount as the employer concedes to be due, without
condition, within the time required by Sections 165.2 and 165.3 of
this title; and
2. Provide to the employee, within fifteen (15) days of either
receipt of a wage claim form from the Department of Labor or
certified mail receipt of written demand from an employee, written
explanation of the relevant facts and/or evidence which supports the
belief of the employer that the wages in dispute are not owed.
B. Acceptance by the employee of any payment made under this
section shall not constitute a release as to the balance of the wage
claim.
C. Payment in accordance with this section shall constitute
payment for the purposes of complying with Sections 165.2 and 165.3
of this title only in those instances where there exists a bona fide
disagreement over the amount of wages as defined by Section 165.1 of
this title.
D. The Commissioner may set the contested amounts for
administrative hearing pursuant to Section 165.7 of this title.
Laws 1955, p. 241, § 4, emerg. eff. June 6, 1955; Laws 1993, c. 263,
§ 2, emerg. eff. May 27, 1993; Laws 2005, c. 359, § 3, eff. Nov. 1,
2005.
§40-165.5. Private agreements.
Except as hereinafter provided under Section 10, no provision of
this act shall in any way be contravened or set aside by private
agreement.
Laws 1955, p. 241, § 5.
§40-165.6. Contractors as employers.
Whenever any person herein called the contractor shall contract
with another for the performance of any work which the contractor has
undertaken to perform, the contractor shall be deemed an employer and
shall become civilly liable to employees engaged in performance of
work under such contract for the payment of wages (but not for the
payment of liquidated damages) as required by Sections 2 and 4 of
this act whenever and to the extent that the employer of such
employees fails to pay such wages; provided, however, that the
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employer of such employees shall be liable to the contractor for
wages paid to such employees by the contractor under this section.
Laws 1955, p. 242, § 6.
§40-165.7. Enforcement and administration - Administrative
proceedings - Orders - Appeals - Actions.
A. The Commissioner of Labor shall enforce and administer the
provisions of this act and in any case where a civil action may be
brought for the collection of a wage claim, the Commissioner of Labor
may provide for an administrative proceeding to determine the
validity and enforce collection of the claim. The administrative
proceeding shall be conducted according to the Administrative
Procedures Act.
B. In any case when the Commissioner has received a wage
complaint, the Commissioner may seek collection of such claim through
administrative proceedings in a manner provided in this section. The
Commissioner may join in a single administrative proceeding any
number of wage claims against the same employer. The Commissioner
shall serve upon the employer an order of determination directing the
employer to pay to the Commissioner the amount of the wage claim and
any penalty amounts. Service shall be made by regular mail to the
employer's last-known address. The order of determination shall
include:
1. A reference to the particular sections of the statutes or
rules involved;
2. A short and concise statement of the basis for the amounts
determined to be owed to each wage claimant;
3. A statement that the employer within twenty (20) days after
receipt of the order of determination must pay in full the wage claim
and any penalties assessed on appeal to district court; and
4. A statement that unless a written request for reconsideration
is received by the Commissioner or the order is appealed to district
court within the time specified, the order of determination shall
become final.
C. Upon failure of the employer to pay the amount specified in
the order of determination or to request reconsideration or appeal to
district court, the order of determination shall become final.
D. A hearing shall be held in accordance with the applicable
provisions of the Administrative Procedures Act by the Commissioner
or the Commissioner's designee. The Commissioner shall adopt rules
for such hearing. In any hearing before the Commissioner's designee,
the designee is authorized to issue the final order in the case.
E. Final administrative orders issued in a wage claim proceeding
are subject to appeal pursuant to the Administrative Procedures Act.
F. When an order under this section becomes final by operation
of law or an appeal, and the amount due is not paid within twenty
(20) days after the order becomes final, the order may be recorded
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with the county clerk in any county of this state. The clerk shall
thereupon record the name of the person incurring the penalty and the
amount of the penalty in the county clerk's lien record. The order
may be collected as any other money judgment.
G. The remedies provided by Sections 165.1 through 165.11 of
this title shall be additional to and not in substitution for and in
no manner impair other remedies. Additionally, one or more
individuals who are aggrieved by violation of any provision of
Sections 165.1 through 165.11 of this title shall be entitled to
bring an action in his or their own name to enforce the provisions of
such sections.
Laws 1955, p. 242, § 7, emerg. eff. June 6, 1955; Laws 1993, c. 263,
§ 3, emerg. eff. May 27, 1993.
§40-165.8. Penalties.
It shall be a misdemeanor for any employer to violate any of the
provisions of Sections 165.1 through 165.11 of this title.
Amended by Laws 1982, c. 304, § 27, operative Oct. 1, 1982.
§40-165.9. Actions to recover unpaid wages and damages - Parties -
Costs and attorney's fees.
A. Action by an employee to recover unpaid wages and liquidated
damages may be maintained in any court of competent jurisdiction by
any one or more employees for and in behalf of himself or themselves
and other employees similarly situated, or such employee or employees
may designate an agent or representative to maintain such action for
and on behalf of all employees similarly situated for such wages.
Any employee, or his representative, shall have the power to settle
and adjust his claim for unpaid wages.
B. The court in any action brought under this section may, in
addition to any judgment awarded to the plaintiff or plaintiffs,
defendant or defendants, allow costs of the action, including costs
or fees of any nature, and reasonable attorney's fees.
Amended by Laws 1982, c. 304, § 28, operative Oct. 1, 1982; Laws
1988, c. 250, § 2, emerg. eff. June 27, 1988.
§40-165.10. Partial invalidity.
If any provisions of this act, or the application thereof to any
person or circumstance, is held invalid, the remainder of the act,
and the application of such provision to other persons or
circumstances shall not be affected thereby.
Laws 1955, p. 242, § 10.
§40-165.11. Failure to pay benefits or furnish wage supplements
pursuant to agreements.
A. In addition to any other penalty or punishment otherwise
prescribed by law, any employer who is a voluntary party to or
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subject to a bona fide written agreement to pay or provide benefits
or wage supplements to employees or to a third party or fund for the
benefit of employees and who willfully fails, neglects or refuses to
pay the amount or amounts necessary to provide such benefits or
furnish such supplements within thirty (30) days after such payments
are required to be made by law or by agreement, shall be guilty of a
misdemeanor, and each such failure to make payment as required herein
shall constitute a separate offense. Where such employer is a
corporation, the president, secretary, treasurer or officers
exercising corresponding functions shall each be guilty of a
misdemeanor.
B. As used in this section, the term "benefits or wage
supplements" includes, but is not limited to, reimbursement for
expenses as agreed prior to contracting said expenses; health,
welfare and retirement benefits; and vacation, separation or holiday
pay.
Laws 1975, c. 107, §§ 1, 2, eff. Oct. 1, 1975.
§40-166. Conspiracy.
No agreement, combination or contract by or between two or more
persons to do or procure to be done, or not to do or procure not to
be done, any act in contemplation or furtherance of any trade dispute
between employers and employees, shall be deemed criminal, nor shall
those engaged therein be indictable or otherwise punishable for the
crime of conspiracy, if such act committed by one person would not be
punishable as a crime, nor shall such agreement, combination or
contract be considered as in restraint of trade or commerce, nor
shall any restraining order or injunction be issued with relation
thereto. Nothing in this article, shall exempt from punishment
otherwise than is herein excepted, any person guilty of conspiracy
for which punishment is provided by any other law of the state, but
such other law shall, as to the agreement, combination and contracts
heretofore referred to, be construed as if this article, was therein
contained: Provided, that nothing in this article, shall be construed
to authorize force or violence.
R.L.1910, § 3764.
§40-167. False Statements as to conditions of employment.
It shall be unlawful for any employer of labor doing business in
the state, to induce, influence, persuade or engage workmen to change
from one place to another in the state, or to bring workmen of any
class or calling into this state to work in any of the departments of
labor, through or by means of false or deceptive representations,
false advertising or false pretenses concerning the kind and
character of the work to be done, or amount and character of the
compensation to be paid for such work or the sanitary or other
conditions of employment or as to the existence or nonexistence of a
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strike or other trouble pending between employer and employees, at
the time of or prior to such engagement. Failure to state in an
advertisement, proposal or contract for the employment of workmen
that there is a strike, lockout or other labor trouble at the place
of the proposed employment, when in fact such strike, lockout or
other labor troubles then actually exist at such place, shall be
deemed a false advertisement and misrepresentation for the purposes
of this section.
R.L.1910, § 3765.
§40-168. Penalty.
Any employer of labor of any kind doing business in this state,
as well as its agent, attorney or servant, found guilty of violating
the preceding section, or any part thereof, shall be fined not less
than Five Hundred Dollars ($500.00) and not exceeding Two Thousand
Dollars ($2,000.00), or confined in the county jail not less than one
(1) month and not exceeding one (1) year or both such fine and
imprisonment.
R.L.1910, § 3766.
§40-169. Hiring armed guards without permit a felony.
Any person who shall hire, aid, abet or assist in hiring through
private detective agencies or otherwise, persons to guard with arms
or deadly weapons of any kind, other persons or property, or any
person who shall come into this state armed with deadly weapons of
any kind for any such purpose, without a permit, in writing, from the
Governor, shall be guilty of a felony, and on conviction thereof
shall be imprisoned in the State Penitentiary not less than one (1)
year nor more than five (5) years. Provided, that nothing herein
contained shall be construed to interfere with the right of any
person, corporations, society, association or organization in
guarding and protecting their property as provided by law; but this
section shall be construed only to apply in cases where workmen are
brought into the state or induced to go from one place to another in
the state by any false pretenses, false advertising, or deceptive
representation, or brought into the state under arms or removed from
one place to another in the state under arms.
R.L. 1910, § 3767. Amended by Laws 1997, c. 133, § 454, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 331, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 454 from July 1, 1998, to July 1, 1999.
§40-170. Workman may recover for misrepresentation.
Any workman who shall be influenced, induced or persuaded to
engage with any persons mentioned in Section 3765, through or by
means of any of the things therein prohibited, shall have the right
of action for recovery of all damages that he has sustained in
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consequence of the false or deceptive representation, false
advertisement and false pretenses used to induce him to change his
place of employment, against any companies, corporations, or other
employers of labor, directly or indirectly causing such damages, and,
in addition to all actual damages such workman may have sustained, he
shall be entitled to recover such reasonable attorney's fees as the
jury shall fix, to be taxed as costs in any judgment recovered.
R.L.1910, § 3768.
§40-171. Public service corporation to give letter to employee
leaving service.
Whenever any employee of any public service corporation, or of a
contractor, who works for such corporation, doing business in this
state, shall be discharged or voluntarily quits the service of such
employer, it shall be the duty of the superintendent or manager, or
contractor, upon request of such employee to issue to such employee a
letter, setting forth the nature of the service rendered by such
employee to such corporation or contractor, and the duration thereof,
and truly stating the cause for which such employee was discharged
from or quit such service, and, if any such superintendent, manager
or contractor shall fail or refuse to issue such letter, to such
employee, when so requested, or shall willfully or negligently refuse
or fail to state the facts correctly, such superintendent, manager or
contractor shall be deemed guilty of a misdemeanor and upon
conviction thereof, shall be punished by a fine of not less than One
Hundred Dollars ($100.00), and not more than Five Hundred Dollars
($500.00), and by imprisonment in the county jail for a period of not
less than one (1) month and not exceeding one (1) year: Provided,
that such letter shall be written, in its entirety, upon a plain
sheet of white paper to be selected by such employee. No printed
blank shall be used, and if such letter be written upon a typewriter,
it shall be signed with pen and black ink and immediately beneath
such signature shall be affixed the official stamp, or seal, of said
superintendent, manager or other officer of such corporation or
contractor, in an upright position. There shall be no figures, words
or letters used, upon such piece of paper, except such as are plainly
essential, either in the date line, address, the body of the letter
or the signature and seal or stamp thereafter, and no such letter
shall have any picture, imprint, character, design, device,
impression or mark, either in the body thereof or upon the face or
back thereof and any person of whom such letter is required who fails
to comply with the foregoing requirements shall be liable to the
penalties above prescribed.
R.L.1910, § 3769.
§40-172. Blacklisting.
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No firm, corporation or individual shall blacklist or require a
letter of relinquishment, or publish, or cause to be published, or
blacklisted, any employee, mechanic or laborer, discharged from or
voluntarily leaving the service of such company, corporation or
individual, with intent and for the purpose of preventing such
employee, mechanic or laborer, from engaging in or securing similar
or other employment from any other corporation, company or
individual.
R.L.1910, § 3770.
§40-173. Penalty.
Any person, firm or corporation violating the preceding section
shall be fined in any sum not less than One Hundred Dollars
($100.00), nor more than Five Hundred Dollars ($500.00), and any
person so blacklisted shall have a right of action to recover
damages.
R.L.1910, § 3771.
§40-173.1. Employers’ use of social security numbers – Health
benefit plan membership identification cards.
A. 1. Any employing entity located in this state shall not do
any of the following:
a. publicly post or publicly display in any manner the
social security number of an employee. For purposes of
this paragraph, "publicly post" or "publicly display"
means to intentionally communicate or otherwise make
available to the general public,
b. print the social security number of an employee on any
card required for the employee to access information,
products or services provided by the employing entity,
c. require an employee to transmit their social security
number over the Internet, unless the connection is
secure or the social security number is encrypted,
d. require an employee to use their social security number
to access an Internet web site, unless a password or
unique personal identification number or other
authentication device is also required to access the
Internet web site, or
e. print the social security number of an employee on any
materials that are mailed to the employee, unless state
or federal law requires the social security number to
be on the document to be mailed. Notwithstanding this
paragraph, social security numbers may be included in
applications and forms sent by mail, including
documents sent as part of an application or enrollment
process, or to establish, amend or terminate an
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account, contract or policy, or to confirm the accuracy
of the social security number.
2. The provisions of this subsection shall not apply to the
state or any political subdivision of the state.
B. The provisions of this section shall not apply to a health
benefit plan membership identification card issued or renewed prior
to January 1, 2005. After January 1, 2005, the provisions of this
section shall be applicable to all health benefit plan membership
cards upon issuance or renewal.
C. This section shall not prevent the collection, use, or
release of a social security number as otherwise required by state or
federal law or the use of a social security number for internal
verification or administrative purposes. An employee may also
provide an employing entity with written permission to use their
social security number for any of the uses otherwise prohibited by
this section.
Added by Laws 2004, c. 296, § 1, eff. Nov. 1, 2004
§40-173.2. Prohibited actions regarding personal social media
accounts – Exemptions – Civil actions.
A. No employer, as defined by paragraph 1 of Section 1301 of
Title 25 of the Oklahoma Statutes, located in this state shall:
1. Require an employee or prospective employee to disclose a
user name and password or other means of authentication for accessing
a personal online social media account through an electronic
communications device;
2. Require an employee or prospective employee to access the
employee's or prospective employee's personal online social media
account in the presence of the employer in a manner that enables the
employer to observe the contents of such accounts if the account's
contents are not available to the general public, except pursuant to
an investigation as provided in subsection D of this act;
3. Take retaliatory personnel action that materially and
negatively affects the terms and conditions of employment against an
employee solely for refusal to give the employer the user name or
password to the employee's personal online social media account; or
4. Refuse to hire a prospective employee solely as a result of
the prospective employee's refusal to give the employer the user name
and password to the prospective employee's personal online social
media account.
B. An employer may request or require an employee to disclose
any user name and password for accessing:
1. Any computer system, information technology network, or
electronic communications device provided or subsidized by the
employer; or
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2. Any accounts or services provided by the employer or by
virtue of the employee's employment relationship with the employer or
that the employee uses for business purposes.
C. If, through the use of an electronic device or program that
monitors an employer's network or the use of employer provided
devices, an employer inadvertently receives an employee's user name
and password or other authentication information, the employer is not
liable for having such information, but may not use the information
to access an employee's personal online social media account.
D. Nothing in this section shall prevent an employer from:
1. Conducting an investigation:
a. for the purpose of ensuring compliance with applicable
laws, regulatory requirements or prohibitions against
work-related employee misconduct based on the receipt
of specific information about activity on a personal
online social media account or personal online social
media service by an employee or other source, or
b. of an employee's actions based on the receipt of
specific information about the unauthorized transfer of
an employer's proprietary information, confidential
information or financial data to a personal online
social media account or personal online social media
service by an employee or other source;
2. Conducting an investigation as specified in subparagraphs a
and b of paragraph 1 of this subsection includes requiring the
employee's cooperation to share the content that has been reported in
order to make a factual determination.
E. Nothing in this section shall be construed to prevent an
employer from complying with the requirements of state or federal
statutes, rules or regulations, case law, or rules of self-regulatory
organizations.
F. Nothing in this section shall be construed to prohibit an
employer from accessing its computer system or information technology
network, including electronic communications devices owned by the
employer. Neither this section nor any other Oklahoma law shall
prohibit an employer from reviewing or accessing personal online
social media accounts that an employee may choose to use while
utilizing an employer's computer system, information technology
network or an employer's electronic communication device.
G. An employee or prospective employee may bring a civil action
against an employer who violates this section in a court located in
the county in which the alleged violation occurred. Such action
shall be brought within six (6) months after the alleged violation
occurred. The employee or prospective employee may seek injunctive
relief to restrain the employer from continuing to act in violation
of this section, but must show by clear and convincing evidence that
the employer violated this act. The only damages recoverable for a
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violation of this act are Five Hundred Dollars ($500.00) per
violation. No punitive or emotional damages are recoverable, and
this section may not be utilized for the basis of a public policy
tort.
H. As used in this section:
1. "Electronic communications device" means a device that uses
electronic signals to create, transmit or receive information,
including computers, telephones, personal digital assistants and
other similar devices; and
2. "Personal online social media account" means an online
account that is used by an employee or prospective employee
exclusively for personal communications that an individual
establishes and uses through an electronic application, service or
platform used to generate or store content, including, but not
limited to, videos, still photographs, blogs, video blogs, instant
messages, audio recordings or email that is not available to the
general public.
Added by Laws 2014, c. 315, § 1, eff. Nov. 1, 2014.
§40-173.3. Employer liability for not reviewing personal social
media accounts.
No business or employer shall be held liable in any regard for
not reviewing an employee's personal online social media accounts as
defined herein. Furthermore, no business or employer shall be held
liable in any regard for not requesting, accessing or reviewing the
personal online social media accounts of any employee. The
employer's failure to access such information shall not be admissible
in any legal proceeding.
Added by Laws 2014, c. 315, § 2, eff. Nov. 1, 2014.
§40-174. Scaffolding, etc., to be safeguarded.
All scaffolds, hoists, cranes, stays, ladders, supports, or other
mechanical contrivances erected or constructed by any person, firm or
corporation in the state, for use in the erection, repairing,
alteration, removal, or painting of any house, building, bridge,
viaduct, steel tank, standpipe, or other structure, shall be erected
and constructed in a safe, suitable, and proper manner, and shall be
so erected and constructed, placed and operated as to give proper and
adequate protection to life and limb of any person or persons
employed or engaged thereon, or passing under or by the same, and in
such manner as to prevent the falling of any material that may be
used or deposited thereon. Scaffolding or staging swung or suspended
from an overhead support more than twenty (20) feet from the ground
or floor, shall have, where practicable, a safety rail properly
secured and braced, rising at least thirty-four (34) inches above the
floor or main portion of such scaffolding or staging and extending
along the entire length of the outside and ends thereto and such
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scaffolding or staging shall be so fastened as to prevent the same
from swaying from the building or structure.
R.L.1910, § 3772.
§40-175. Temporary floorings in steel frame buildings.
If in the erection of an iron or steel framed building, the
spaces between the girders or floor beams of any floor are not filled
or covered by the permanent construction of said floors before
another story is added to the building, a close plank flooring shall
be placed and maintained over such spaces, during the construction of
each story, from the time when the beams or girders are placed in
position; but openings protected by a strong hand railing not less
than four (4) feet high may be left through said floors for the
passage of workmen and material.
R.L.1910, § 3773.
§40-176. Penalty for neglect to place temporary floors.
Any person engaged in and having supervision and charge of the
building, erection, or construction of any block, building or
structure who shall neglect or refuse to place or have placed upon
the joists of each and every story of such block, building or
structure as soon as the joists are in position, counter floors of
such quality and strength as to render perfectly safe the going to
and fro thereon of all mechanics, laborers, and other persons engaged
upon the work of construction or in supervising the same or in the
building or placing of materials therefor, shall be deemed guilty of
a misdemeanor, and upon conviction thereof in any court of competent
jurisdiction shall be fined in any sum not less than Twenty-five
Dollars ($25.00) nor more than Two Hundred Dollars ($200.00), and
each and every day that such person, contractor, agent, factor or
architect shall neglect or refuse to have such floors so placed as
aforesaid, after written notice by the building inspector or from any
person whose life or personal safety may be endangered by such
neglect or refusal shall be held and considered a separate offense,
severally liable to the penalties aforesaid.
R.L.1910, § 3774.
§40-177. Contractor or person in charge to comply with preceding
sections - Penalty for violations - Prohibition of use of scaffolds,
etc.
Any contractor or other person having charge of the erection,
construction, repairing, alteration, removal or painting of any
building, bridge, viaduct, steel tank, standpipe or other structure,
within the provisions of the three preceding sections, shall comply
with the terms thereof, and any such contractor or other person
violating any of the provisions of the three preceding sections
shall, upon conviction thereof, be fined not less than Fifty Dollars
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($50.00) nor more than Two Hundred Dollars ($200.00), or imprisoned
for not less than thirty (30) days nor more than one (1) year, or
both such fine and imprisonment, in the discretion of the Court. In
addition to the penalties herein provided, in the event of refusal or
neglect of any person, firm or corporation, or his, or its agent, to
comply with the provisions of the three preceding sections, the use
of any such scaffold, hoist, crane, stays, ladder, support, or other
mechanical contrivance, or the erection, repairing, alteration,
removal or painting of any building, bridge, viaduct, steel tank, or
other structure, may be prohibited by the Labor Commissioner, or
inspector deputized by him, and a notice to that effect shall be
posted upon the premises. Such notice shall not be removed until
such scaffold, hoist, crane, stays, ladder, support or other
mechanical contrivance or temporary floorings are properly and safely
constructed.
R.L.1910, § 3775; Laws 1919, c. 149, p. 217, § 1.
§40-178. Damages for injury.
An employer shall be responsible in damages for personal injury
caused to an employee, who, was himself in the exercise of due care
and diligence at the time he was injured, by reason of any defect in
the condition of the machinery or appliances connected with or used
in the business of the employer which arose, or had not been
discovered or remedied owing to the negligence of the employer, or of
any person entrusted by him with the duty of inspection, repair, or
of seeing that the machinery or appliances were in proper condition.
R.L.1910, § 3776.
§40-179. Railroad repair tracks to be sheltered.
It shall be unlawful for any railroad, corporation, or other
person, who owns, controls or operates any lines of railroad in the
state, to build, construct or repair railroad equipment without first
erecting and maintaining at every division point a building or shed
over the repair tracks; same to be provided with a floor where such
construction or repair is permanently done, so as to provide that all
men employed in the construction and repair of cars, trucks, and
other railroad equipment, shall be under shelter during snows, sleet,
rain, and other inclement weather.
R.L.1910, § 3777.
§40-180. Penalty.
Every person or corporation, or manager, superintendent, foreman
or agent of any person or corporation, who shall fail or refuse to
comply with the provisions of the preceding section, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be
punished by a fine of not less than Twenty-five Dollars ($25.00) nor
more than One Hundred Dollars ($100.00); and each day that said
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person or corporation, or its manager, superintendent, foreman or
agent shall refuse or fail to comply with the provisions of said
section shall constitute a separate and distinct violation thereof.
R.L.1910, § 3778.
§40-181. Repairing of steam boilers unlawful, when.
It shall be unlawful for any railroad, company or any other
person, firm, or corporation, using steam boilers, to command, order
or permit by themselves or their agents, any of their employees to
enter any steam boiler, firebox or smoke chamber thereto, for the
purpose of repairing or cleaning the same or for any other purpose
when the same is under steam pressure.
R.L.1910, § 3779.
§40-182. Violation of Section 181 a felony.
Any officer, superintendent, foreman, boss, or other person in
authority, who, on behalf of any railroad, corporation, or any other
person, firm or corporation, using steam boilers, violating any of
the provisions of Section 181 of this title, shall be deemed guilty
of a felony, and shall upon conviction, be punished by imprisonment
for a period of not less than one (1) year nor more than two (2)
years.
R.L. 1910, § 3780. Amended by Laws 1997, c. 133, § 455, eff. July 1,
1999; Laws 1999, 1st Ex.Sess., c. 5, § 332, eff. July 1, 1999.
NOTE: Laws 1998, 1st Ex.Sess., c. 2, § 23 amended the effective date
of Laws 1997, c. 133, § 455 from July 1, 1998, to July 1, 1999.
§40-183. Employer guilty of manslaughter, when - Penalty.
Should any employee enter such boiler, firebox, or smoke chamber,
while the same is under pressure of steam, at the command or order of
his employer, or the agent of such employer, and while inside of such
boiler, firebox or smoke chamber, meet with an accident resulting in
his death, the person or persons commanding or ordering him to enter
such boiler, firebox, or smoke chamber, shall be guilty of
manslaughter in the second degree.
R.L.1910, § 3781.
§40-184. Damages.
The fact that the employee, entering such steam boiler, firebox,
or smoke chamber, had knowledge of the unsafe condition of such steam
boiler and danger in so doing, and meeting with an accident, shall
not deprive him of a right of action against such employer for
damages, and should said accident result in the death of such
employee, then the wife, or next of kin, shall have a right of action
against such employer for any damages she, they, or the estate of
such deceased employee, may sustain by reason of the death of such
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employee, which action may be commenced in any court of competent
jurisdiction.
R.L.1910, § 3782.
§40-185. Leave of absence to railroad employees.
From and after the effective date of this act, all railroad
companies operating in the State of Oklahoma are hereby required to
grant leave of absence to their employees who desire to run for or
seek public office, or who are required to serve in any government
position, military or civil, or who have been elected or appointed to
public office, or who are required to serve jury duty in the courts
of this state. During such leave of absence such employee shall
retain and accumulate seniority, and at the termination of such
service shall be reinstated with full seniority, and without an
interrupted service record, or without any rights or privileges
denied him. Provided, however, that at the end of the period of his
leave of absence granted hereunder, said employee shall report for
duty within fifteen (15) days thereafter.
Laws 1941, p. 131, § 1.
§40-186. Employee defined.
The term "employee" as used herein shall mean any person who has
established his or her seniority with any railroad company for one
(1) year or more without interrupted service.
Laws 1941, p. 131, § 2.
§40-187. Revocation of charter for violation.
Any railroad company failing to carry out and adhere to the
provisions of this act shall have its charter, authorizing it to do
business in this state, revoked by the Secretary of State.
Laws 1941, p. 131, § 3.
§40-188. Equipment.
On and after April 15, 1958, it shall be unlawful for any person,
firm or corporation operating or controlling any railroad running
through or within the State of Oklahoma and engaged in the business
of a common carrier to operate a track motor car, or transport its
employees in a track motor car, which is not equipped with a
substantial top for the protection of said employees from rain, snow,
sleet and hail, and equipped with a transparent windshield sufficient
in width and height to protect said employees therefrom, which
windshield shall be of safety glass. Such a motor car shall also be
equipped with an electric windshield wiper that will remove rain,
snow and other moisture from the windshield thereof, and said
windshield wiper shall be so devised that the driver of said motor
car can start or stop said windshield wiper while he is driving the
same.
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Laws 1953, p. 319, § 1; Laws 1957, p. 480, § 1.
§40-189. Transparent section.
Each such windshield shall contain a transparent section
reasonably sufficient in width and height to give the operator of
such car a view of the track ahead.
Laws 1953, p. 319, § 2.
§40-190. Enforcement.
It shall be the duty of the Corporation Commission of the State
of Oklahoma to enforce this act.
Laws 1953, p. 319, § 3; Laws 1957, p. 480, § 2.
§40-191. Restrictions on requirement of physical examination -
Report not basis of damages.
It shall be unlawful for any person, partnership, association, or
corporation, either for himself, herself, or itself, or in a
representative or fiduciary capacity, to require any employee or
applicant for employment, as a condition of employment or continued
employment, to submit to, or take, a physical or medical examination,
without providing such examination at no cost therefor to such
employee or applicant for employment, or without furnishing, upon the
request of the employee or applicant for employment within thirty
(30) days after such examination, free of charge, to such employee or
applicant for employment, a true and correct copy, either original or
duplicate original, of the examiner's report of such examination. It
shall further be unlawful for any such person, partnership,
association or corporation to require any employee or applicant for
employment to pay, either directly or indirectly, any part of the
cost of any such examination, report, or copy of report. Provided
that the report of any physical examination furnished in accordance
with this section shall not be made the basis or predicate for any
action in damages against the physician and surgeon making and
furnishing such report.
Laws 1949, p. 286, § 2.
§40-192. Violations of act.
Each and every violation of any provision of Section 1 of this
act shall constitute a misdemeanor, punishable by a fine in any
amount not exceeding One Hundred Dollars ($100.00).
Laws 1949, p. 286, § 2.
§40-193. Repealed by Laws 2010, c. 394, § 1.
§40-194. Penalty.
Any corporation, partnership, firm or person contracting to do
work for the State of Oklahoma who shall fail to employ at least
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ninety percent (90%) of the nonprofessional personnel used in the
performance of said contract who are qualified residents, as defined
above, of the State of Oklahoma, shall be guilty of a misdemeanor and
upon conviction thereof shall pay a fine of One Hundred Dollars
($100.00). Each day work is done in performance of said contract in
violation of this act shall be a separate offense.
Laws 1957, p. 524, § 2.
§40-195. Exemption.
This act shall not apply when the same is in conflict with
federal statutes, or regulations authorized by federal statutes.
Laws 1957, p. 525, § 3.
§40-195.1. Discrimination prohibited in public work contracts.
All contracts of the State of Oklahoma for the construction of
public works shall contain, and be construed as containing, a clause
providing that discrimination by reason of race, creed or color will
not be practiced by the contractor in employment of those who furnish
labor or materials, nor will it be permitted by the department or
agency procuring the construction of the public work for which the
contract is executed.
Laws 1968, c. 277, § 1, emerg. eff. April 30, 1968.
§40-196.1. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.2. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.2a. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
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§40-196.3. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.4. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.5. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.5a. Repealed by Laws 1988, c. 225, § 26.
§40-196.5b. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.6. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.7. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
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NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.8. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.9. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.9a. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.10. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.10a. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.11. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
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of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.11a. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.12. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.13. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-196.14. Unconstitutional – Repealed.
NOTE: Entire Oklahoma Minimum Wages on Public Works Act (40 O.S.
1991, §§ 196.1 through 196.14) was held unconstitutional in the case
of City of Oklahoma City v. State ex rel. Oklahoma Dept. of Labor,
Okla., 918 P.2d 26 (1995).
NOTE: This section repealed by Laws 2015, c. 71, § 1, eff. Nov. 1,
2015.
§40-197.1. Declarations.
The welfare of the State of Oklahoma demands that the working
people of Oklahoma be protected from conditions of labor which have a
pernicious effect on their health or morals. The State of Oklahoma,
therefore, exercising herein its police and sovereign power, declares
that inadequate wages and insanitary conditions of labor exert such
pernicious effect.
Laws 1965, c. 427, § 1, emerg. eff. July 8, 1965.
§40-197.2. Minimum wages established.
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It shall be unlawful to employ workers in any industry or
occupation within the State of Oklahoma under conditions of labor
detrimental to their health or morals and it shall be unlawful to
employ workers in any industry within the State of Oklahoma at wages
which are not adequate for their maintenance. Except as otherwise
provided in the Oklahoma Minimum Wage Act, no employer within the
State of Oklahoma shall pay any employee a wage of less than the
current federal minimum wage for all hours worked.
Amended by Laws 1983, c. 60, § 1, eff. Nov. 1, 1983.
§40-197.3. Wage and Hour Commission - Membership - Tenure -
Compensation - Chairman.
A. The Wage and Hour Commission is hereby terminated and all
powers and duties of such Commission are transferred to the
Commissioner of Labor. All personnel, funds, financial obligations
and encumbrances, records, equipment, furniture, fixtures, files and
supplies under the control of the Wage and Hour Commission are
transferred to the Commissioner of Labor as of the effective date of
this act.
B. The Commissioner of Labor shall establish, pursuant to this
act, such standards of wages and conditions of labor for employees
within the State of Oklahoma as shall be reasonable and not
detrimental to health and morals.
Laws 1965, c. 427, § 3, emerg. eff. July 8, 1965; Laws 1978, c. 47, §
1, eff. July 1, 1978.
§40-197.4. Definitions.
As used in this act:
(a) "Commissioner" means the Commissioner of Labor;
(b) "Wage" means compensation due to an employee by reason of his
employment, payable in legal tender of the United States or checks on
banks convertible into cash on demand at full face value, subject to
such deductions, charges or allowances as may be permitted by law;
(c) "Employ" includes to suffer or to permit to work;
(d) "Employer" means any individual, partnership, association,
corporation, business trust, or any person or group of persons,
hiring more than ten full-time employees or equivalent at any one
location or place of business; provided, however, if an employer has
less than ten full-time employees or equivalent at any one location
or place of business but does a gross business of more than One
Hundred Thousand Dollars ($100,000.00) annually, said employer shall
not be exempt under the provisions of this act.
This act shall not apply to employers subject to the Fair Labor
Standards Act of 1938, as amended, and who are paying the minimum
wage under the provisions of said act, nor to employers whose
employees are exempt under paragraph (e) of this section.
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(e) "Employee" includes any individual employed by an employer
but shall not include:
(1) An individual employed on a farm, in the employ of any
person, in connection with the cultivation of the soil, or in
connection with raising or harvesting any agricultural commodity,
including raising, shearing, feeding, caring for, training, and
management of livestock, bees, poultry, and furbearing animals and
wildlife, or in the employ of the owner or tenant or other operator
of a farm in connection with the operation, management, conservation,
improvement or maintenance of such farm and its tools and equipment;
(2) Any individual employed in domestic service in or
about a private home;
(3) Any individual employed by the United States
government;
(4) Any individual working as a volunteer in a charitable,
religious or other nonprofit organization;
(5) Any newspaper vendor or carrier;
(6) Any employee of any carrier subject to regulation by
Part I of the Interstate Commerce Act;
(7) Any employee of any employer who is subject to the
provisions of any Federal Fair Labor Standards Act or to any Federal
Wage and Hour Law now in effect or enacted hereafter; and who is
paying the minimum wage under the provisions of this act;
(8) Any employee employed in a bona fide executive,
administrative or professional capacity, or in the capacity of
outside salesman;
(9) Any person employed as part-time employee not on
permanent status. A part-time employee is defined as an employee who
is employed less than twenty-five (25) hours a week;
(10) Any person who is less than eighteen (18) years of age
and is not a high school graduate or a graduate of a vocational
training program, and any person who is less than twenty-two (22)
years of age and who is a student regularly enrolled in a high
school, college, university or vocational training program;
(11) Any individual employed in a feedstore operated
primarily for the benefit and use of farmers and ranchers; or
(12) Any individual working as a reserve force deputy
sheriff.
Laws 1965, c. 427, § 4; Laws 1971, c. 87, § 1, eff. July 1, 1971;
Laws 1977, c. 266, § 3, eff. Oct. 1, 1977; Laws 1978, c. 47, § 2,
eff. July 1, 1978; Laws 1981, c. 72, § 4.
§40-197.5. Employees covered by act.
Every employer shall pay to each of his employees who have
reached eighteen (18) years of age wages at a rate of not less than
Two Dollars ($2.00) per hour. Regardless of other provisions of the
Oklahoma Minimum Wage Act, every employee of the State of Oklahoma or
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any lessee or concessionaire thereof is hereby specifically covered
by the Oklahoma Minimum Wage Act.
Amended by Laws 1983, c. 60, § 2, eff. Nov. 1, 1983.
§40-197.6. Posting of notice.
On and after August 1, 1965, every employer, subject to this act,
shall post a notice or notices of the pertinent provisions of this
act in such form as may be prescribed and furnished by the
Commissioner of Labor. The notice shall be not less than eight and
one-half (8 1/2) inches by eleven (11) inches in size and shall be
displayed in such a manner so as to be accessible to all employees in
each establishment under the control of the employer. The
Commissioner, or his or her duly authorized representative, may, for
the purpose of determining whether such notice has been properly
posted, enter, during business hours, upon the premises of any
employer subject to this act.
Added by Laws 1965, c. 427, § 6, emerg. eff. July 8, 1965. Amended
by Laws 1978, c. 47, § 3, eff. July 1, 1978; Laws 2009, c. 164, § 2,
eff. Nov. 1, 2009.
§40-197.7. Investigation of complaints.
Upon verified complaint by an employee or former employee that an
employer has violated the provisions of Section 197.5 of this title
by failure to pay the minimum wage thereby established, the
Commissioner, or his authorized representative, is hereby empowered
to make such investigation as deemed necessary to ascertain the facts
concerning such charge. The Commissioner shall have the power to
administer oaths and affirmations, require sworn statements, 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 the investigation of any alleged violation of Section
197.5 of this title. All information obtained by the Commissioner,
or his duly authorized representatives, shall be confidential and,
except for the finding of the need for additional wages, as provided
by Section 197.8 of this title, and information which is necessarily
disclosed in court proceedings provided by Section 197.9 or 197.10 of
this title, such information shall not be disclosed to any person.
Laws 1965, c. 427, § 7, emerg. eff. July 8, 1965; Laws 1978, c. 47, §
4, eff. July 1, 1978.
§40-197.8. Findings - Payment of amount due.
The Commissioner, after investigation, shall promptly make his
finding in writing as to whether or not additional wages are due the
employee. If the Commissioner finds that additional wages are due,
ten percent (10%) of such amount due shall be added as penalty for
such wage deficiency. The Commissioner shall mail said findings to
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the employer and to the employee by certified mail. Payment by the
employer and acceptance by the employee of the amount so determined
by the Commissioner shall absolve the employer of any further
liability to the employee with respect to wages claimed by the
employee for the period he was employed by the employer.
Laws 1965, c. 427, § 8, emerg. eff. July 8, 1965; Laws 1978, c. 47, §
5, eff. July 1, 1978.
§40-197.9. Findings by court - Double damages - Costs and attorney
fees - Defenses.
Any employer who is found by a court of competent jurisdiction to
have paid an employee wages less than those to which such employee is
entitled, under or by virtue of this act, shall be liable to such
employee for double the full amount of such wages, less any amount
actually paid to such employee by the employer, and for court costs,
and such reasonable attorney fees as may be allowed by the court,
which in no case shall be less than One Hundred Dollars ($100.00).
Any agreement between such employee and the employer to work for less
than such wage rate shall be no defense to such action.
Laws 1965, c. 427, § 9, emerg. eff. July 8, 1965.
§40-197.10. Assignment of wage claim.
At the request of any employee who has been found by the
Commissioner to have been paid wages less than those to which such
employee is entitled, under or by virtue of this act, the
Commissioner shall take an assignment of such wage claim in trust for
the assigning employee and shall bring legal action necessary to
collect such claim; and if the Commissioner prevails in such action
the employer shall be liable to pay the Department of Labor double
the full amount of such wages, and the court costs. The Commissioner
shall not be required to pay a filing fee in connection with any such
action. The Commissioner in such an action shall be represented by
the Attorney General.
Added by Laws 1965, c. 427, § 10, emerg. eff. July 8, 1965. Amended
by Laws 1978, c. 47, § 6, eff. July 1, 1978.
§40-197.11. Exceptions.
The Commissioner, to the extent necessary in order to prevent
curtailment of opportunities for employment, shall by regulations
provide for:
(a) the employment of learners, of apprentices, and of
messengers employed primarily in delivering letters and messages,
under special certificates issued pursuant to regulations of the
Commissioner, at such wages lower than the minimum wage applicable
and subject to such limitations as to time, number, proportion, and
length of service as the Commissioner shall prescribe; and
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(b) the employment of individuals whose earning capacity is
impaired by age or physical or mental deficiency or injury, under
special certificates issued by the Commissioner, at such wages lower
than the minimum wage and for such period as shall be fixed in such
certificates; and
(c) any individual employed by any state, county, city, town,
municipal corporation or quasi-municipal corporation, political
subdivision, or any instrumentality thereof; and
(d) students and regular attendants at any institution of higher
learning, either public or private.
Added by Laws 1965, c. 427, § 11, emerg. eff. July 8, 1965. Amended
by Laws 1978, c. 47, § 7, eff. July 1, 1978.
§40-197.12. Rules, regulations and standards.
The Commissioner is hereby authorized and empowered to adopt such
rules, regulations and standards as he deems necessary and
appropriate to carry out the provisions of this act; provided that
the adoption of all such rules, regulations and standards and all
administrative proceedings of the Commissioner shall be governed by
applicable provisions of Sections 301-325, inclusive, of Title 75 of
the Oklahoma Statutes.
Added by Laws 1965, c. 427, § 12, emerg. eff. July 8, 1965. Amended
by Laws 1978, c. 47, § 8, eff. July 1, 1978.
§40-197.13. Penalty for failure to pay minimum compensation.
Any employer, or the officer or agent of any corporation, who
pays or agrees to pay to any employee less than the rate of
compensation required by Sections 197.2 and 197.5 of this title, upon
conviction, shall be guilty of a misdemeanor and shall be punished by
a fine of not more than Five Hundred Dollars ($500.00), or by
imprisonment in the county jail for not more than six (6) months, or
by both such fine and imprisonment.
Amended by Laws 1983, c. 60, § 3, eff. Nov. 1, 1983.
§40-197.14. Penalty for failure to post notice.
Any employer failing to post the notice required by Section 6 of
this act shall be punished by a fine of not to exceed Twenty-five
Dollars ($25.00), and each week he fails to post such notice shall
constitute a separate offense.
Laws 1965, c. 427, § 14, emerg. eff. July 8, 1965.
§40-197.15. Citation.
This act shall be known and may be cited as the "Oklahoma Minimum
Wage Act".
Laws 1965, c. 427, § 15, emerg. eff. July 8, 1965.
§40-197.16. Tips, gratuities, meals or lodging - Credit for.
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To compute the minimum wage of any employee coming within the
purview of this act, credit toward the minimum required wage must be
given for any tips or gratuities, meals or lodging received by the
employee up to but not exceeding fifty percent (50%) of said wage.
Laws 1971, c. 70, § 2, eff. July 1, 1971; Laws 1980, c. 203, § 2,
eff. Oct. 1, 1980.
§40-197.17. Uniforms - Credit for.
Business establishments that furnish uniforms to their employees
may take credit against the minimum wage in an amount equal to the
reasonable cost of furnishing the uniforms.
Laws 1971, c. 70, § 3, eff. July 1, 1971.
§40-198.1. Payment of discriminatory wages based on employee's sex
prohibited.
It shall be unlawful for any employer within the State of
Oklahoma to willfully pay wages to women employees at a rate less
than the rate at which he pays any employee of the opposite sex for
comparable work on jobs which have comparable requirements relating
to skill, effort and responsibility, except where such payment is
made pursuant to a seniority system; a merit system; a system which
measures earnings by quantity or quality of production; or a
differential based on any factor other than sex.
Laws 1965, c. 494, § 1, emerg. eff. July 15, 1965.
§40-198.2. Enforcement - Penalties.
It shall be the duty of the Commissioner of Labor to enforce the
provisions of this act. Whenever the Commissioner is informed of any
violations thereof, it shall be his duty to investigate same and, in
his discretion, said Commissioner is hereby authorized to institute
proceedings for the enforcement of penalties herein provided before
any court of competent jurisdiction. Any employer who violates the
provisions of this act shall be deemed guilty of a misdemeanor and
shall upon conviction thereof, be punished by a fine of not less than
Twenty-five Dollars ($25.00) nor more than One Hundred Dollars
($100.00).
Laws 1965, c. 494, § 2, emerg. eff. July 15, 1965.
§40-199. Certain actions against employees prohibited.
A. It shall be a misdemeanor for any employer, as defined in
Section 165.1 of this title, or his agent to discharge, penalize or
in any other manner discriminate against any employee because:
1. The employee has filed a complaint with his employer, or the
Commissioner of Labor or his authorized representative, to enforce
any provision of Sections 71 through 198.2 of this title;
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2. The employee has caused to be instituted a proceeding or
investigation related to an alleged violation of any provision of
Sections 71 through 198.2 of this title; or
3. The employee has testified or is about to testify in an
investigation or proceeding under this title.
B. Every employer, as defined in Section 165.1 of this title, or
his agent shall be guilty of a misdemeanor if:
1. The filing of a complaint with the employer, Commissioner of
Labor or his authorized representative, or the taking of any action
directly related to the complaint by any employee is a substantial
and material factor in the discharge, penalization of or any other
discrimination against the employee by the employer or his agent; or
2. The employer or his agent has acted in a manner which has the
effect of discouraging, restraining, coercing or interfering with any
employee in the exercise of the employee's rights contained in
Sections 71 through 198.2 of this title.
C. Every person convicted of violating a prohibition of this
section shall be fined not less than Fifty Dollars ($50.00) nor more
than Two Hundred Dollars ($200.00) or imprisoned in the county jail
for not less than five (5) days nor more than thirty (30) days, or
both.
Added by Laws 1977, c. 266, § 4, eff. Oct. 1, 1977.
§40-199.1. Recruiting of employment to replace employees involved in
a strike or lockout prohibited - Exceptions.
It shall be unlawful for any person, partnership, agency, firm or
corporation, labor organization or officer or agent thereof, to
knowingly recruit, procure, supply or refer any person (excluding
persons who are permanent employees of the employer involved in such
strike or lockout) who has customarily and repeatedly offered himself
for employment in the place of employees involved in strikes or
lockouts for employment in place of an employee in a business or
industry where a strike or lockout exists.
The provisions of this act shall not apply to services or work
performed by a salaried or supervisory employee of a business or
industry where a strike or lockout exists, or a person, firm or
corporation in his or its usual trade, occupation or business;
provided that such trade, occupation or business is not usually the
furnishing of strikebreakers in any labor strike or lockout; and
provided further, that the said person, firm, or corporation hiring,
recruiting, securing or offering to secure employment shall, if a
person or an unincorporated firm, be a bona fide resident of the
State of Oklahoma for a period of six (6) months prior to the strike
or lockout, or if a corporation, be chartered or duly licensed to do
business in the State of Oklahoma for a period of six (6) months
prior to the strike or lockout.
Laws 1973, c. 165, § 1.
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§40-199.2. Acceptance of employment to replace employees involved in
a strike or lockout prohibited.
It shall be unlawful for any person (excluding persons who are
permanent employees of the employer involved in such strike or
lockout) who has customarily and repeatedly offered himself for
employment in place of employees involved in a strike or lockout to
knowingly take, or offer to take, the place in employment of
employees involved in a strike or lockout.
Laws 1973, c. 165, § 2.
§40-199.3. Notice as to strike or lockout.
It shall be unlawful for any person, partnership, agency, firm or
corporation, or officer or agent thereof, to recruit, solicit or
advertise for employees, or refer persons (excluding employees or
persons who are permanent employees of the employer involved in such
strike or lockout) to employment, in place of employees involved in a
strike or lockout, without adequate notice to such person, or in such
advertisement, that there is a strike or lockout at the place at
which employment is offered, and that the employment offered is in
place of employee involved in such strike or lockout.
Laws 1973, c. 165, § 3.
§40-199.4. Penalties.
Any person, partnership, agency, firm or corporation violating
this act shall be guilty of a misdemeanor and shall be punished by a
fine of not less than Five Hundred Dollars ($500.00) nor more than
Two Thousand Five Hundred Dollars ($2,500.00), or by imprisonment in
the county jail for not less than sixty (60) days nor more than one
(1) year, or both, at the discretion of the court.
Laws 1973, c. 165, § 4.
§40-200. Searches of employee-owned vehicles.
Employers of this state that conduct employee-owned vehicle
searches of its employees shall conduct such search on the property
of the employer only. Searches that are conducted on property not
owned or rented by the employer shall require a search warrant issued
according to law.
Added by Laws 2003, c. 222, § 1, eff. Nov. 1, 2003.
§40-226. Penalties.
(a) Whoever makes a false statement or representation knowing it
to be false or knowingly fails to disclose a material fact, to obtain
or increase any benefit or other payment under this act or under the
unemployment compensation law of any state or of the federal
government, either for himself or for any other person, shall be
guilty of a misdemeanor and shall be punished by a fine of not less
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than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment for not longer than ninety (90) days,
or by both such fine and imprisonment; and each such false statement
or representation or failure to disclose a material fact shall
constitute a separate offense.
(b) Any employing unit or any officer or agent of an employing
unit or any other person who makes a false statement or
representation knowing it to be false, or who knowingly fails to
disclose a material fact, to prevent or reduce the payment of
benefits to any individual entitled thereto, or to avoid becoming or
remaining a subject employer or to avoid or reduce any contribution
or other payment required from an employing unit under this act or
under the unemployment compensation law of any state or of the
federal government, or who wilfully fails or refuses to make or to
furnish any reports required hereunder or to produce or permit the
inspection or copying of records as required hereunder, shall be
guilty of a misdemeanor and shall be punished by a fine of not less
than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment for not longer than ninety (90) days,
or by both fine and imprisonment; and each such false statement or
representation or failure to disclose a material fact, and each day
of such failure or refusal shall constitute a separate offense.
(c) Any person who shall wilfully violate any provision of this
act or any order, rule, or regulation thereunder, the violation of
which is made unlawful or the observance of which is required under
the terms of this act, and for which a penalty is neither prescribed
in this act nor provided by any other applicable statute, shall be
guilty of a misdemeanor and shall be punished by a fine of not less
than Fifty Dollars ($50.00) nor more than Five Hundred Dollars
($500.00), or by imprisonment for not longer than ninety (90) days,
or by both such fine and imprisonment, and each day such violation
continues shall be deemed to be a separate offense.
(d) If any employer fails or refuses to file contribution and
wage reports required under the provisions of this act within fifteen
(15) days after written notice has been mailed to the employer by the
Commission or its representative, a penalty of ten percent (10%) on
the total contributions due shall be added thereto, collected and
paid. Penalty collected pursuant to this subsection shall be paid
into the Unemployment Compensation Fund.
(e) If an employer fails or refuses to pay any contributions
required under the provisions of this act after such contributions
have become delinquent within thirty (30) days after written request
for such payment had been mailed to the employer by the Commission or
its representative, a penalty of five percent (5%) on the total
contributions due shall be added thereto, collected and paid. Penalty
collected pursuant to this subsection shall be paid into the
Unemployment Compensation Fund.
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(f) If any employee or member of the Board of Review or the
Commission or any employee of the Commission, in violation of the
provisions of Section 221 (l), makes any disclosure of information
obtained from any employing unit or individual in the administration
of this act, or if any person who has obtained any list of applicants
for work, or of claimants or recipients of benefits, under this act
shall use or permit the use of such list for any political purpose,
he shall be guilty of a misdemeanor and shall be punished by a fine
of not less than Fifty Dollars ($50.00) nor more than Five Hundred
Dollars ($500.00), or imprisoned for not longer than ninety (90)
days, or both.
Laws 1977, c. 20, § 4; Laws 1980, c. 323, § 9-102, emerg. eff. June
15, 1980.
§40-360. Short title - Oklahoma Employment First Act - Definitions.
A. This act shall be known and may be cited as the "Oklahoma
Employment First Act".
B. All state agencies shall coordinate efforts and shall
collaborate within and among such agencies to ensure that state
programs, policies, procedures and funding support competitive
integrated employment of individuals with disabilities. All state
agencies shall, whenever feasible, share data and information across
systems in order to track progress toward full implementation of this
act.
C. State agencies are authorized to adopt rules to implement
this act.
D. As used in this act:
1. "Competitive employment" means work in the competitive labor
market, or self-employment, that is performed on a full-time or part-
time basis in an integrated setting with the opportunity for
advancement and for which a person with a disability is compensated
at or above the minimum wage but not less than the customary wage and
level of benefits paid by the employer for the same or similar work
performed by persons without disabilities;
2. "Disability" means, with respect to an individual:
a. a physical or mental impairment that substantially
limits one or more major life activities of such
individual,
b. a record of such an impairment, or
c. being regarded as having such an impairment as defined
in the Americans with Disabilities Act of 1990, as
amended;
3. "Integrated setting" means, with respect to an employment
outcome, a setting typically found in the community in which
applicants or eligible individuals interact with persons without
disabilities, other than those who are providing services to those
applicants or eligible individuals, to the same extent that
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individuals without disabilities in comparable positions interact
with other persons; and
4. "Working age" means sixteen (16) years of age or older in
accordance with Section 71 of Title 40 of the Oklahoma Statutes.
Added by Laws 2015, c. 76, § 1, eff. Nov. 1, 2015.
§40-401. Short title.
Sections 401 through 424 of this title shall be known and may be
cited as the Oklahoma Occupational Health and Safety Standards Act.
Amended by Laws 1984, c. 147, § 1, operative July 1, 1984.
§40-402. Occupational health and safety - Definitions.
As used in the Oklahoma Occupational Health and Safety Standards
Act:
1. "Employer" means the state and all its political subdivisions
which has in its employ one or more individuals performing services
for it in employment; and
2. "Employee" means a person permitted to work by an employer in
employment; and
3. "Place of employment" means the plant or premises in or about
which an employee is permitted to work; and
4. "Department" means the Oklahoma Department of Labor; and
5. "Commissioner" means the Commissioner of Labor; and
6. "Division" means the Health and Safety Education and Training
Division; and
7. "Standard" has the same meaning as, and includes, the words
"regulation", "code", and "rule"; and
8. "National consensus standards" means any occupational safety
or health standard adopted under a consensus method by a nationally
recognized standards-producing organization; and
9. "Employment" includes all services for pay pursuant to a
contract of hire except service in agricultural employment.
Laws 1970, c. 287, § 2, operative July 1, 1970; Laws 1984, c. 147, §
2, operative July 1, 1984; Laws 1992, c. 305, § 2, emerg. eff. May
27, 1992.
§40-403. Employer's duties and responsibilities.
A. Each employer shall furnish to each of his employees
employment and a place of employment which are free from recognized
hazards that are causing or are likely to cause death or serious
physical harm to his employees, commensurate with the Occupational
Safety and Health Act of 1970.
B. No person shall discharge, discriminate or take adverse
personnel action against any employee because such employee has filed
any complaint, or instituted or caused to be instituted any
proceeding under or related to this act, or has testified or is about
to testify in any such proceeding, or because of the exercise by such
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employee on behalf of himself or herself or others of any right
affected by this act.
C. Within forty-eight (48) hours after the occurrence of an
employment accident which is fatal to one or more employees or which
results in hospitalization of five or more employees, the employer of
any employees so injured or killed shall report the accident in
writing to the Oklahoma City office of the Oklahoma Department of
Labor, in a manner prescribed by the Department. The Commissioner of
Labor may require such additional reports as he deems necessary,
including the official death certificate from the Oklahoma State
Department of Health.
D. No rule or standard promulgated under this act shall, or
shall be deemed to, establish legal standards of conduct or legal
duties, the violation of which standards or duties would constitute
negligence or gross negligence in any civil proceeding.
E. Every employer having twenty-five (25) or more full- or part-
time employees shall:
1. Designate an employee who shall coordinate all safety
programs of the employer;
2. Provide safety classes to each type or class of employee no
less than quarterly, except that public schools shall only be
required to provide safety classes or instruction to their employees
during the school year. Provided further, public school employees
who are certified personnel and are in compliance with federal OSHA
occupational safety and health standards shall be exempt from such
safety classes or instruction and shall not be included in the
computation of the number of employees set forth in subsection E of
this section for determining the requirement of such safety classes
or instruction; and
3. Cooperate with the Department of Labor including allowing any
announced inspection of the premises for the purpose of determining
compliance with this subsection.
The provisions of this subsection shall not apply to any hospital
which is subject to the rules of the U.S. Department of Health and
Human Services, Health Care Financing Administration (HCFA), as set
forth in 42 CFR Parts 405, 412, 416, 417, 440, 441, 456, 482 and 489;
Medicare and Medicaid Programs; Conditions of Participation for
Hospitals, Final Regulations.
Laws 1970, c. 287, § 3, operative July 1, 1970; Laws 1992, c. 305, §
3, emerg. eff. May 27, 1992; Laws 1993, c. 349, § 19, eff. Sept. 1,
1993; Laws 1994, c. 163, § 1, emerg. eff. May 6, 1994.
§40-404. Removal or damage of safeguards - Failure to obey safety
orders.
No employee shall willfully remove, displace, damage, destroy or
carry off any safety device or safeguard furnished or provided for
use in any employment or place of employment, or interfere in any way
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with the use thereof by any other person. No employee or agent of
employees shall interfere with the use of any method or process
adopted for the protection of any employee in such employment or
place of employment, or of any other person lawfully within such
place of employment, or fail to follow and obey orders necessary to
protect the life, health and safety of such employees and any other
person lawfully within such place of employment.
Laws 1970, c. 287, § 4, operative July 1, 1970.
§40-405.1. Department of Labor Administrative Penalty Revolving Fund
- Oklahoma Asbestos Control Act violations.
A. There is hereby created in the State Treasury a revolving
fund for the Department of Labor to be designated the "Department of
Labor Administrative Penalty Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all administrative fines collected by the Department for
violations of the Oklahoma Occupational Health and Safety Standards
Act and the Oklahoma Asbestos Control Act, and any rules promulgated
thereto. All monies accruing to the credit of the fund, except those
monies specified in subsection B of this section, are hereby directed
to be transferred by the Commissioner of Labor to the State Treasurer
for deposit and credit to the General Revenue Fund at the end of each
fiscal year.
B. The Department of Labor shall retain up to Thirty Thousand
Dollars ($30,000.00) of monies accruing to the credit of the
Department of Labor Administrative Penalty Revolving Fund, derived
from citations for violations of the Oklahoma Occupational Health and
Safety Standards Act, per fiscal year. Said monies shall only be
used in support of this act for the production and dissemination of
workplace safety educational materials, for workplace safety
educational presentations and training, or for the acquisition of
workplace safety equipment, to be provided by the Department of
Labor, at its discretion, to employers as defined in Section 402 of
this title. Said monies shall not be expended for Department of
Labor employee salaries or benefits or for Department of Labor
administrative costs.
Added by Laws 2016, c. 82, § 3, eff. Nov. 1, 2016. Amended by Laws
2019, c. 17, § 1, eff. Nov. 1, 2019.
§40-405.2. Department of Labor Administrative Penalty Revolving Fund
- Elevator Safety Act violations
There is hereby created in the State Treasury a revolving fund
for the Department of Labor to be designated the "Department of Labor
Administrative Penalty Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all administrative fines collected by the Department for
violations of the Elevator Safety Act, and any rules promulgated
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thereto. All monies accruing to the credit of the fund are hereby
directed to be transferred by the Commissioner of Labor to the State
Treasurer for deposit and credit to the General Revenue Fund at the
end of each fiscal year.
Added by Laws 2016, c. 93, § 11, eff. Nov. 1, 2016.
NOTE: Editorially renumbered from § 405.1 of this title to avoid
duplication in numbering.
§40-407. Adoption of health and safety standards - Promulgation -
Limitation.
A. The Commissioner pursuant to the provisions of Sections 301
through 326 of Title 75 of the Oklahoma Statutes may prescribe,
adopt, promulgate, amend and rescind health and safety standards,
which shall be derived from national consensus standards designed for
the prevention of accidents in all places of employment and for the
protection of the life, health and safety of employees.
B. Authority to promulgate health and safety standards is
limited to that not granted to other state departments or other
legally constituted state boards or commissions.
Amended by Laws 1984, c. 147, § 3, operative July 1, 1984.
§40-410. Administration and enforcement.
A. The Commissioner shall administer and enforce the provisions
of the Oklahoma Occupational Health and Safety Standards Act.
1. It is not intended that the Oklahoma Occupational Health and
Safety Standards Act be an issue or be involved in any labor dispute,
or be used or asserted to advantage in collective bargaining by
employer or employee, or by their respective representatives.
2. The Commissioner shall cause to be inspected any place of
employment to ensure the presence of a functioning safety and health
program which meets the requirements of Title 40 of the Oklahoma
Statutes and adopted and referenced standards.
B. Subject to the provisions of subsection A of this section,
authorized employees of the Department may enter and inspect places
of employment, including premises and buildings under construction,
demolition or repair, at all reasonable times, in order to
investigate such facts, conditions, practices or matters as deemed
appropriate, and to determine if any person is violating any
provisions of the Oklahoma Occupational Health and Safety Standards
Act or any standard promulgated pursuant to the Oklahoma Occupational
Health and Safety Standards Act.
C. Upon receipt by the Department of a signed complaint of
violation of any of the provisions of the Oklahoma Occupational
Health and Safety Standards Act or of any standard promulgated
pursuant to the Oklahoma Occupational Health and Safety Standards
Act, an authorized employee shall investigate the alleged violation
and inform the complainant of the result of the investigation.
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D. If upon inspection or investigation, or whenever the
Commissioner determines a violation of the Oklahoma Occupational
Health and Safety Standards Act or of any standard, rule, or
regulation promulgated pursuant to the provisions of the Oklahoma
Occupational Health and Safety Standards Act has occurred, the
Commissioner shall give written notice to the alleged violator
specifying the cause of the determination. Such notice shall require
that the violations be corrected and specify the terms of such
correction or that the alleged violator appear before the
Commissioner at a time and place specified in the notice and answer
the charges. The notice shall be delivered to the alleged violator
in accordance with the provisions of subsection G of this section.
E. The Commissioner or his designee shall afford the alleged
violator an opportunity for a fair hearing in accordance with the
provisions of subsection H of this section. On the basis of the
evidence produced at the hearing, the Commissioner shall make
findings of fact and conclusions of law and enter an order thereon.
The Commissioner shall give written notice of such order to the
alleged violator and to such other persons as shall have appeared at
the hearing and made written request for notice of the order. The
order of the Commissioner shall become final and binding on all
parties unless appealed to the district court as provided in Sections
301 through 326 of Title 75 of the Oklahoma Statutes within thirty
(30) days after notice has been sent to the parties.
F. Whenever the Commissioner finds that an emergency exists
requiring immediate action to protect the public health or welfare
pursuant to the provisions of the Oklahoma Occupational Health and
Safety Standards Act, the Commissioner may without notice or hearing
issue an order stating the existence of such an emergency and
requiring that such action be taken as he deems necessary to meet the
emergency. Such order shall be effective immediately. Any person to
whom such an order is directed shall comply with said order
immediately but on application to the Commissioner shall be afforded
a hearing within ten (10) days of receipt of said notice. On the
basis of such hearing, the Commissioner shall continue such order in
effect, revoke it, or modify it. Any person aggrieved by such order
continued after the hearing provided for in this subsection may
appeal to the district court of the county in which the place of
employment is located within thirty (30) days. Such appeal when
docketed shall have priority over all cases pending on said docket,
except criminal cases. If compliance with said emergency order is
not immediately taken, the Commissioner or his duly authorized
employee may also request the district attorney of Oklahoma County,
or the district attorney in any other district where service can be
obtained, to file legal proceedings to enjoin the acts or practices
contained in the emergency order to enforce immediate compliance with
said order.
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G. Except as otherwise expressly provided by law, any notice,
order, or other instrument issued by or pursuant to authority of the
Commissioner may be served on any person affected thereby personally,
by publication, or by mailing a copy of the notice, order, or other
instrument by registered mail directed to the person affected at his
last-known post office address as shown by the files or records of
the Commissioner. Proof of service shall be made as in the case of
service of a summons or by publication in a civil action or may be
made by the affidavit of the person who did the mailing. Such proof
of service shall be filed in the office of the Commissioner.
Every certificate or affidavit of service made and filed as in
this section provided shall be prima facie evidence of the facts
therein stated. A certified copy thereof shall have like force and
effect.
H. The hearings authorized by this section may be conducted by
the Commissioner or the Commissioner may designate hearing officers
who shall have the power and authority to conduct such hearings in
the name of the Commissioner at any time and place. Such hearings
shall be conducted in conformity with and records made thereof as
provided by the provisions of Sections 301 through 326 of Title 75 of
the Oklahoma Statutes.
I. The employer to whom a health and safety order is directed
shall notify the Department of his compliance therewith in a manner
specified by the Department.
J. If an employer fails to comply with a health and safety order
issued pursuant to this section, the Commissioner may grant an
additional time for compliance therewith, modify, alter or dismiss
the health and safety order or refer the matter to the Board.
Laws 1970, c. 287, § 10, operative July 1, 1970; Laws 1984, c. 147, §
4, operative July 1, 1984; Laws 1992, c. 305, § 4, emerg. eff. May
27, 1992.
§40-412. Violations - Penalties
A. Any person failing to comply with any standard or interfering
with, impeding or obstructing in any manner the administration of
standards pursuant to the provisions of the Oklahoma Occupational
Health and Safety Standards Act, upon conviction, shall be guilty of
a misdemeanor.
B. Any person who violates any of the provisions of the Oklahoma
Occupational Health and Safety Standards Act, upon conviction, shall
be guilty of a misdemeanor and in addition thereto may be enjoined
from continuing such violation. Each day upon which such violation
occurs shall constitute a separate violation.
C. The Attorney General, on the request of the Commissioner,
shall bring an action against any person violating any of the
provisions of the Oklahoma Occupational Health and Safety Standards
Act or violating any order or determination of the Commissioner
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promulgated pursuant to the Oklahoma Occupational Health and Safety
Standards Act.
D. The Commissioner of Labor may promulgate rules establishing a
schedule of administrative penalties and fines for violations of the
Oklahoma Occupational Health and Safety Standards Act which may be in
addition to or in lieu of the criminal penalties provided in this
section. The promulgation of an administrative fine schedule shall
grant the Commissioner authority to impose those administrative fines
for any violation of the Oklahoma Occupational Health and Safety
Standards Act. Funds collected as payment from a violator for
administrative fines imposed for a violation of the Oklahoma
Occupational Health and Safety Standards Act shall be deposited to
the Department of Labor Administrative Penalty Revolving Fund created
in Section 3 of this act.
Added by Laws 1970, c. 287, § 12, operative July 1, 1970. Amended by
Laws 1984, c. 147, § 5, operative July 1, 1984; Laws 1992, c. 305, §
5, emerg. eff. May 27, 1992; Laws 2016, c. 82, § 2, eff. Nov. 1,
2016.
§40-413. Public policy.
The following is declared to be the public policy of the state:
Occupational accidents produce economic and social loss, impair
productivity and retard the advancement of standards of living. Both
humane and economic considerations recommend the establishment and
implementation of effective injury control measures. A unified,
continuing, professional effort is required. A dynamic program of
health and safety education and training is the best known solution
to the control of occupational accidents.
Laws 1970, c. 287, § 13, operative July 1, 1970.
§40-414. Occupational safety and health consultation program for
private employers.
A. The Commissioner shall not assert enforcement jurisdiction
pursuant to Section 401 et seq. of this title over any occupational
safety or health issue with respect to which a federal standard has
been issued pursuant to Section (6) of Public Law 91-596, also known
as the Williams-Steiger Occupational Safety and Health Act of 1970.
B. The Commissioner shall provide competent occupational safety
and health consultation, education and training for private and
public employers in coordination with the Oklahoma Department of
Career and Technology Education and other available community
resources.
C. Such consultation shall be provided on a priority basis to
those private employers which, based on their certification, have
occupational injury and illness rates exceeding the national average
incidence rate for private employers of similar character.
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D. No such consultation shall be provided except upon written
request by the private employer.
E. Except when a condition of "imminent danger" exists, no
reports, communication, or other information regarding safety and
health hazards discovered by the Commissioner, pursuant to the
administration of Section 401 et seq. of this title, or his
representative in the workplaces of private employers, shall be
reported to any enforcement authority whatsoever without the prior
approval of the employer.
F. The Commissioner may, in providing services to private
employers upon request, refer private employers for participation in
other safety and health consultation, education and training programs
including but not limited to the programs authorized by Section 7(C)1
of Public Law 91-596.
G. The Commissioner may, upon request, refer qualifying private
employers to programs operated by the U.S. Department of Labor for
recognition or for exemption from inspection by the U.S. Department
of Labor Occupational Safety and Health Administration.
H. The Commissioner shall certify successful participation in
the occupational safety and health consultation, education and
training program pursuant to the provisions of Section 924.2 of Title
36 of the Oklahoma Statutes.
I. The Commissioner may promulgate such rules and regulations as
may be necessary to implement the provisions of this section.
J. As used in this section:
1. "Private employer" means a person engaged in a business
affecting commerce who has employees, but does not include the United
States or any state or political subdivision of a state; and
2. "Imminent danger" means any conditions or practices in any
place of employment which are such that a danger exists which could
reasonably be expected to cause death, or serious physical harm
immediately.
Added by Laws 1970, c. 287, § 14, operative July 1, 1970. Amended by
Laws 1986, c. 222, § 1, eff. Nov. 1, 1986; Laws 1988, c. 317, § 3,
eff. Nov. 1, 1988; Laws 1992, c. 305, § 6, emerg. eff. May 27, 1992;
Laws 2001, c. 33, § 35, eff. July 1, 2001.
§40-415.1. Repealed by Laws 2005, 1st Ex.Sess., c. 1., § 34, eff.
July 1, 2005.
§40-415.2. Repealed by Laws 2005, 1st Ex.Sess., c. 1., § 34, eff.
July 1, 2005.
§40-416. Establishment of staff - Duties.
The Commissioner shall establish within the Department an
experienced and competent staff to discharge the duties and
responsibilities provided in Sections 13 through 17 of this act.
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Laws 1970, c. 287, § 16, operative July 1, 1970.
§40-417. Reports by employers of statistical data - Summary.
(1) To assure the availability of accurate, timely statistical
data concerning occupational health and safety in Oklahoma, all
employers as defined in Section 402 of this title shall submit
reports, on a form and in a manner prescribed by the Commissioner of
Labor. Reports shall include only those injuries arising from
employment within the State of Oklahoma.
(2) The Department may exempt from this requirement those
classes of employers for whose operations adequate records of safety
experience are already available or the Department may exempt any
employer from this requirement when, in the judgment of the
Commissioner, the submission of annual reports by such employer is
not necessary to carry out the purposes of this act and would be an
undue burden upon such employer because of size, the nature of its
operation or other special circumstances.
(3) The Department shall publish each year a detailed summary of
the statistical data received from employers. A copy of such summary
shall be available on request to each reporting establishment
required to file reports of disabling work injuries and shall be made
available to anyone having a legitimate interest in the subject
matter of the report.
Added by Laws 1970, c. 287, § 17, operative July 1, 1970. Amended by
Laws 1985, c. 348, § 5, emerg. eff. July 31, 1985; Laws 1988, c. 317,
§ 4, eff. Nov. 1, 1988; Laws 1992, c. 305, § 7, emerg. eff. May 27,
1992; Laws 2002, c. 50, § 2, eff. Nov. 1, 2002; Laws 2013, c. 254, §
28, eff. Jan. 1, 2015.
§40-417.1. Special Occupational Health and Safety.
There is hereby created in the State Treasury a fund for the
Department of Labor to be designated the "Special Occupational Health
and Safety Fund". The fund shall be subject to legislative
appropriation and shall consist of monies collected pursuant to
Section 418 of Title 40 of the Oklahoma Statutes.
Added by Laws 1986, c. 223, § 24, operative July 1, 1986.
§40-418. Payments to Commission - Refunds - Collection of payments -
Disposition of funds.
(1) Each insurance carrier writing workers' compensation
insurance in this state and each self-insured employer authorized to
make workers' compensation payments directly to employees shall pay
to the Oklahoma Tax Commission up to a sum equal to three-fourths of
one percent (3/4 of 1%) of the total workers' compensation losses,
excluding medical payments and temporary total disability
compensation, based on the records of the Workers' Compensation Court
of Existing Claims or the Workers' Compensation Commission, paid out
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or payable during each quarter-year period of the calendar year, said
percentage to be fixed by the Commissioner of Labor and based upon
the Commissioner's certification that the proceeds thereof are
reasonable and necessary to accomplish the objectives of the Oklahoma
Occupational Health and Safety Standards Act. Such payments to the
Oklahoma Tax Commission shall be made not later than the fifteenth
day of the month following the close of the quarter-year in which
compensation is paid or becomes payable. Payments made, under the
provisions of this section, shall be considered losses for the
purpose of computing workers' compensation rates.
(2) The refund provisions of Sections 227 through 229 of Title
68 of the Oklahoma Statutes shall be applicable to any payments made
under the provisions of the Oklahoma Occupational Health and Safety
Standards Act.
(3) In making and entering awards for compensation, the Workers'
Compensation Court of Existing Claims or the Workers' Compensation
Commission shall determine and fix the amounts that shall be paid to
the Oklahoma Tax Commission under the provisions of this section.
The total amount so determined and fixed shall have the same force
and effect as an award of the Workers' Compensation Court of Existing
Claims or the Workers' Compensation Commission for compensation and
all provisions of law relating to the collection of awards of said
court or Commission shall apply to such judgments or awards.
(4) It shall be the duty of the Oklahoma Tax Commission to
collect the payments provided for herein, and said Commission is
hereby given authority to bring an action for the recovery of any
delinquent and unpaid payment or payments. In the alternative, the
Oklahoma Tax Commission may enforce payments by proceeding in
accordance with the provisions of Section 79 of Title 85A of the
Oklahoma Statutes.
(5) Except as otherwise provided in paragraph (7) of this
section, the Oklahoma Tax Commission shall, monthly, as the same are
collected, pay to the State Treasurer of this state, to the credit of
the Special Occupational Health and Safety Fund, all monies collected
under the provisions of this section. Monies shall be paid out of
said Fund exclusively for the operation and administration of the
Oklahoma Occupational Health and Safety Standards Act and for other
necessary expenses of the Department of Labor pursuant to
appropriations by the Oklahoma Legislature.
(6) The Commissioner shall determine the needs of the program,
considering statistical data on disabling work injuries, depth and
scope of the program as evidenced by the needs and demands of
employers and the present, planned and anticipated budgetary needs of
the program, and submit same to the Legislature.
(7) In no event shall the total fiscal year amount paid to the
credit of the Special Occupational Health and Safety Fund pursuant to
this section exceed the 3-year average of the total fiscal year
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amounts apportioned fiscal years 2015, 2016 and 2017. Any amount in
excess of the 3-year average shall be placed to the credit of the
General Revenue Fund.
Added by Laws 1970, c. 287, § 18, operative July 1, 1970. Amended by
Laws 1975, c. 287, § 4, emerg. eff. June 5, 1975; Laws 1985, c. 181,
§ 222, operative July 1, 1985; Laws 1986, c. 223, § 25, operative
July 1, 1986; Laws 2013, c. 254, § 29, eff. Jan. 1, 2015; Laws 2017,
c. 354, § 1, eff. July 1, 2017; Laws 2018, c. 210, § 1.
§40-418.2. Repealed by Laws 2009, c. 322, § 15.
§40-419. Penalty.
Any employer or insurance company willfully failing to comply
with any of the provisions of Sections 17 and 18 is guilty of a
misdemeanor.
Laws 1970, c. 287, § 19, operative July 1, 1970.
§40-424. Qualifications for personnel of Department of Labor.
The provisions as to qualifications of persons in positions or
jobs created or provided for under provisions of Sections 401 through
423 of Title 40 of the Oklahoma Statutes, the Oklahoma Occupational
Health and Safety Standards Act of 1970, shall not apply to officers
or employees of the Department of Labor, it being intended that their
qualifications for such positions or jobs be determined by the
Commissioner of Labor.
Laws 1971, c. 356, § 1, emerg. eff. June 26, 1971.
§40-425. Repealed by Laws 2010, c. 394, § 1.
§40-435. Break time and accommodations for expressing milk or
breast-feeding.
A. An employer may provide reasonable unpaid break time each day
to an employee who needs to breast-feed or express breast milk for
her child to maintain milk supply and comfort. The break time, if
possible, shall run concurrently with any break time, paid or unpaid,
already provided to the employee. An employer is not required to
provide break time under this section if to do so would create an
undue hardship on the operations of the employer.
B. An employer may make a reasonable effort to provide a
private, secure, and sanitary room or other location in close
proximity to the work area, other than a toilet stall, where an
employee can express her milk or breast-feed her child.
C. The Department of Health shall issue periodic reports on
breast-feeding rates, complaints received, and benefits reported by
both working breast-feeding mothers and employers.
D. As used in this section:
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1. “Employer” means a person engaged in business who has one or
more employees, including the state and any political subdivision of
the state;
2. “Employee” means any person engaged in service to an employer
in the business of the employer;
3. “Reasonable efforts” means any effort that would not impose
an undue hardship on the operation of the employer’s business; and
4. “Undue hardship” means any action that requires significant
difficulty or expense when considered in relation to factors such as
the size of the business, its financial resources, and the nature and
structure of its operation.
Added by Laws 2006, c. 85, § 1, eff. Nov. 1, 2006.
§40-450. Short title.
Sections 265 through 270 of this act shall be known and may be
cited as the "Oklahoma Asbestos Control Act".
Added by Laws 1993, c. 145, § 264, eff. July 1, 1993.
§40-451. Definitions
As used in the Oklahoma Asbestos Control Act:
1. "Friable asbestos material" means any material that contains
asbestos of more than one percent (1%) or more that can be crumbled,
pulverized or reduced to powder by hand pressure;
2. "Friable asbestos material abatement" means the removal,
encapsulation or enclosure of friable asbestos containing material;
3. "Friable asbestos material encapsulation" means the
application of a bonding agent called a sealant, which penetrates and
hardens the asbestos material or covers the surface of the material
with a protective coating, thus preventing fiber release from the
asbestos material;
4. "Friable asbestos material removal" means the actual physical
removal of any friable asbestos containing material from a facility,
when the asbestos is either attached to or detached from any device
or structure;
5. "Contractor" means any public or private entity that engages
in friable asbestos containing material abatement in any facility in
this state except private residences or apartment houses of less than
six family units;
6. "Commissioner" means the Commissioner of Labor.
Added by Laws 1982, c. 101, § 1, eff. Oct. 1, 1982. Amended by Laws
1985, c. 270, § 1; Laws 1993, c. 145, § 265, eff. July 1, 1993; Laws
2016, c. 82, § 4, eff. Nov. 1, 2016.
§40-452. License required - Fee - Exemptions
A. No contractor shall abate any friable material containing
asbestos without having first obtained a license to do so from the
Commissioner of Labor. The Commissioner shall issue an asbestos
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abatement license to a qualified contractor upon proper application,
as determined by the Commissioner. The Commissioner of Labor may
promulgate rules establishing a schedule of administrative fees for
the application, licensing, examination, certification of asbestos
abatement contractors and workers employed by a contractor for
asbestos abatement, as well as a fee to be paid by contractors to the
Department of Labor for each separate containment area, glovebag, or
miniature containment area of any asbestos abatement project. The
fees stated in this section on the effective date of this act shall
remain in effect until such rules become effective, at which time the
fees stated in this section shall be superseded by rule. The annual
fee for such license shall be Five Hundred Dollars ($500.00). The
fee shall be deposited into the Department of Labor Revolving Fund.
A nonrefundable initial application fee of One Thousand Dollars
($1,000.00) shall be charged and deposited into the Department of
Labor Revolving Fund. The Commissioner may deny a license to
applicants whose past abatement performance for abatement of friable
asbestos does not comply with federal and other states' requirements.
A minimum waiting period shall be established at the discretion of
the Commissioner of Labor and will be required before issuance of a
license to permit the Commissioner to perform a work performance
investigation of the applicant.
The annual fee for examining and certifying workers employed by a
contractor for asbestos abatement shall be Twenty-five Dollars
($25.00). The fee shall be deposited in the Department of Labor
Revolving Fund. Uncertified workers shall not be used on any
asbestos abatement projects.
B. The state and political subdivisions thereof, counties and
political subdivisions thereof and municipalities and political
subdivisions thereof, and their supervisors and employees, shall not
be exempt from any certification fees required by this section when
such entities act as a contractor.
C. A fee of Six Hundred Dollars ($600.00) shall be paid by
contractors to the Department of Labor for each separate containment
area of any asbestos abatement project. The fee collected shall be
deposited by the Department of Labor into the Department of Labor
Revolving Fund. There shall be a minimum number of inspections of
each containment area as deemed necessary by the Commissioner of
Labor. For projects which are not a part of a definite containment
area, or are performed with multiple glovebags or miniature
containments, a fee of Two Hundred Dollars ($200.00), plus Five
Dollars ($5.00) per such glovebag or miniature containment, shall be
paid to the Department of Labor for deposit into the Department of
Labor Revolving Fund.
Asbestos abatement projects performed on properties owned by the
state or any political subdivision thereof shall not be exempt from
this fee.
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D. Any asbestos abatement contractor transporting asbestos-
containing material shall be required to provide to the Commissioner
a Certificate of Insurance by a carrier licensed to do business in
the State of Oklahoma demonstrating a minimum of One Million Dollars
($1,000,000.00) of environmental impairment insurance.
E. No state agency or political subdivision thereof, county or
political subdivision thereof, or municipalities or political
subdivisions thereof shall solicit or receive any estimate or bid for
abatement of asbestos from any person or party who is not a licensed
asbestos abatement contractor.
Added by Laws 1982, c. 101, § 2, eff. Oct. 1, 1982. Amended by Laws
1985, c. 270, § 2; Laws 1987, c. 208, § 82, operative Nov. 1, 1987;
Laws 1987, c. 236, § 92, operative Nov. 1, 1987; Laws 1988, c. 250, §
3, emerg. eff. June 27, 1988; Laws 1991, c. 215, § 16, eff. July 1,
1991; Laws 1993, c. 145, § 267, eff. July 1, 1993; Laws 2016, c. 82,
§ 5, eff. Nov. 1, 2016.
§40-453. Powers and duties of Commissioner.
A. The Commissioner of Labor shall have the power and duty to:
1. Develop and promulgate rules for the abatement of friable
asbestos materials which shall be consistent with general industry
standards;
2. Instruct and examine contractors, employees and supervisors
on the safe abatement of friable asbestos materials;
3. Hire sufficient personnel to carry out the provisions of this
act consistent with funds allocated and full-time-equivalent
employees authorized;
4. Inspect all asbestos abatement projects, to issue, modify and
revoke orders; to issue cease and desist orders; and to require
mandamus and seek injunctive relief for enforcement of orders;
5. Inspect public buildings for the presence of friable asbestos
materials;
6. Collect samples to determine the presence and condition of
friable asbestos materials in public buildings;
7. Recommend appropriate abatement measures for friable asbestos
materials in public buildings;
8. Make and enter into all contracts and agreements necessary or
incidental to the performance of the Department's duties and the
execution of its powers under the Oklahoma Asbestos Control Act
including, but not limited to, contracts with the United States,
other states, agencies, and political subdivisions of this state;
9. Accept grants from the United States government, its agencies
and instrumentalities, and any other source. To these ends, the
Department shall have the power to comply with such conditions and
execute such agreements as may be necessary and desirable;
10. Supervise, administer, and enforce the provisions of the
Oklahoma Asbestos Control Act rules promulgated thereunder;
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11. Hold hearings;
12. Institute legal proceedings, including suits for injunctions
for the enforcement of his orders, rules, and for the enforcement of
penalties;
13. Investigate any violations of the Oklahoma Asbestos Control
Act;
14. Exercise all incidental powers which are necessary to carry
out the provisions of the Oklahoma Asbestos Control Act; and
15. To perform such other duties as the Commissioner of Labor
may determine are essential to the protection of health from hazards
posed by friable asbestos materials.
B. The violations of any rule shall be grounds for the
Commissioner to evoke any penalties set forth in Section 456 of this
title.
C. The Commissioner of Labor shall be the primary authority
regarding the regulation of asbestos abatement in the State of
Oklahoma at the abatement site through the completion of the on-site
abatement.
Added by Laws 1982, c. 101, § 3, eff. Oct. 1, 1982. Amended by Laws
1985, c. 270, § 3; Laws 1993, c. 145, § 266, eff. July 1, 1993; Laws
2015, c. 106, § 1, emerg. eff. April 20, 2015.
§40-454. Suspension, revocation or refusal to issue license -
Hearing - Appeal.
If the Commissioner finds that a contractor has violated any of
the provisions of the Oklahoma Asbestos Control Act or any rule
promulgated pursuant to the Oklahoma Asbestos Control Act, the
Commissioner may suspend, revoke or refuse to issue the license of
the contractor after a hearing held for such purpose. Such hearing
shall be held within thirty (30) days after written notice has been
sent to the contractor by certified mail. If, after such hearing,
the Commissioner finds cause to suspend, revoke or refuse to issue a
license, the contractor shall be given written notice of the decision
of the Commissioner and the basis therefor. The decision shall become
final at the end of thirty (30) days from the date of such notice,
unless appealed to the district court. All appeals from the
Commissioner's order shall be taken in the manner prescribed by law.
Added by Laws 1982, c. 101, § 4, eff. Oct. 1, 1982. Amended by Laws
1993, c. 145, § 270, eff. July 1, 1993.
§40-455. Inspections and investigations.
The Commissioner of Labor or an authorized representative shall
have the power and authority to enter at reasonable times upon any
property for the purpose of inspecting and investigating contractors
relating to the abatement of any friable material containing asbestos
pursuant to the Oklahoma Asbestos Control Act.
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Added by Laws 1982, c. 101, § 5, eff. Oct. 1, 1982. Amended by Laws
1985, c. 270, § 4; Laws 1993, c. 145, § 268, eff. July 1, 1993.
§40-456. Violations - Penalties - Injunction
A. In addition to any administrative or civil penalty, any
person who violates any of the provisions of the Oklahoma Asbestos
Control Act or who violates any rule or order promulgated pursuant
thereto shall be guilty of a misdemeanor and may be enjoined from
continuing such action. Upon conviction thereof, the violator shall
be punished by imprisonment in the county jail for not more than six
(6) months or by a fine of not less than One Hundred Dollars
($100.00), or both such fine and imprisonment. Each day's violations
shall constitute a separate violation.
B. The Attorney General shall, upon request of the Commissioner,
bring an action for injunction against any person violating any
provision of the Oklahoma Asbestos Control Act or violating any order
or determination of the Commissioner. In any action for injunction,
any finding of the Commissioner, after notice, shall be prima facie
evidence of the facts found therein.
C. A district attorney, upon request of the Commissioner, shall
prosecute any violation of the Oklahoma Asbestos Control Act.
D. The Commissioner of Labor may promulgate rules establishing a
schedule of administrative penalties and fines for violations of the
Oklahoma Asbestos Control Act which may be in addition to or in lieu
of the criminal penalties provided in this section. The promulgation
of an administrative fine schedule shall grant the Commissioner
authority to impose those administrative fines for any violation of
the Oklahoma Asbestos Control Act. Funds collected as payment from a
violator for administrative fines imposed for a violation of the
Oklahoma Asbestos Control Act shall be deposited to the Department of
Labor Administrative Penalty Revolving Fund created in Section 3 of
this act.
Added by Laws 1982, c. 101, § 6, eff. Oct. 1, 1982. Amended by Laws
1993, c. 145, § 269, eff. July 1, 1993; Laws 2016, c. 82, § 6, eff.
Nov. 1, 2016.
§40-457. Repealed by Laws 2015, c. 106, § 2, emerg. eff. April 20,
2015.
§40-460. Rules and regulations.
The Commissioner of Labor shall promulgate rules and regulations
for the safe installation, repair, maintenance, use, operation and
inspection of all amusement rides necessary for the protection of the
general public using amusement rides.
Added by Laws 1982, c. 145, § 1.
§40-460.1. Rules for definition of “alteration”.
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A. Pursuant to the authority granted to the Commissioner of
Labor under Section 460 of Title 40 of the Oklahoma Statutes to
promulgate rules for the safe installation, repair, maintenance, use,
operation, and inspection of all amusement rides necessary for the
protection of the general public using amusement rides, the
Commissioner of Labor shall promulgate rules regarding the definition
of alteration.
B. Rules promulgated pursuant to subsection A of this section
shall include the following language:
“Alteration” means any change in either the structural or
operational characteristics of the amusement ride which will alter
its performance from that specified in the design criteria of the
manufacturer.
Added by Laws 2000, c. 295, § 1, eff. Nov. 1, 2000.
§40-460.2. Rules regarding amusement ride maintenance, inspection,
and repair records.
A. Pursuant to the authority granted to the Commissioner of
Labor under Section 460 of Title 40 of the Oklahoma Statutes to
promulgate rules for the safe installation, repair, maintenance, use,
operation, and inspection of all amusement rides necessary for the
protection of the general public using amusement rides, the
Commissioner of Labor shall promulgate rules regarding amusement ride
maintenance, inspection, and repair records.
B. Rules promulgated pursuant to subsection A of this section
shall include the following language:
The owner of an amusement ride shall maintain up-to-date
maintenance, inspection, and repair records between inspection
periods for each amusement ride in the manner provided by the
Commissioner of Labor. The records shall contain a copy of all
inspection reports commencing with the last annual inspection, a
description of all maintenance performed, and a description of any
mechanical or structural failures or operational breakdowns and the
types of actions taken to rectify these conditions.
Added by Laws 2000, c. 295, § 2, eff. Nov. 1, 2000.
§40-460.3. Rules regarding use of signage – Definition of “sign”.
A. Pursuant to the authority granted to the Commissioner of
Labor under Section 460 of Title 40 of the Oklahoma Statutes to
promulgate rules for the safe installation, repair, maintenance, use,
operation, and inspection of all amusement rides necessary for the
protection of the general public using amusement rides, the
Commissioner of Labor shall promulgate rules regarding the use of
signage concerning amusement rides.
B. Rules promulgated pursuant to subsection A of this section
shall include the following language:
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1. An amusement ride owner shall display signs indicating the
applicable safety responsibilities of riders as set forth by the
Commissioner of Labor and the location of stations to report
injuries. The signs must be located at:
a. each station for reporting an injury,
b. each first aid station, and
c. at each premises entrance and exit;
2. An amusement ride owner shall post a sign at each amusement
ride that includes:
a. operational instruction, if any,
b. safety guidelines for rider, if any,
c. restrictions of the use of the amusement ride, if any,
d. behavior or activities that are prohibited, if any, and
e. a legend providing that "State law requires riders to
obey all warnings and directions for this ride and
behave in a manner that will not cause or contribute to
injuring themselves or others. Failure to comply is
punishable by fine and imprisonment.";
3. Any sign required by this rule must be prominently displayed
at a conspicuous location, clearly visible to the public and bold and
legible in design; and
4. As used in this rule, "sign" means any symbol or language
reasonably calculated to communicate information to a rider or the
parent or guardian of a rider, including placards, prerecorded
messages, live public address, stickers, pictures, video, verbal
information, and visual signals.
Added by Laws 2000, c. 295, § 3, eff. Nov. 1, 2000.
§40-460.4. Rules regarding use of amusement rides by riders –
Definition of “rider”.
A. Pursuant to the authority granted to the Commissioner of
Labor under Section 460 of Title 40 of the Oklahoma Statutes to
promulgate rules for the safe installation, repair, maintenance, use,
operation, and inspection of all amusement rides necessary for the
protection of the general public using amusement rides, the
Commissioner of Labor shall promulgate rules regarding the use of
amusement rides by riders.
B. Rules promulgated pursuant to subsection A of this section
shall include the following language:
1. A rider shall:
a. obey the reasonable safety rules posted in accordance
with law and oral instructions for an amusement ride
issued by the owner or the employee of the owner,
unless:
(1) the safety rules are contrary to law or rules, or
(2) the oral instructions are contrary to law or rules
or the safety rules, and
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b. refrain from acting in any manner that may cause or
contribute to injuring the rider or others, including:
(1) exceeding the limits of ability of the rider,
(2) interfering with safe operation of the amusement
ride,
(3) not engaging any safety devices that are provided,
(4) disconnecting or disabling a safety device except
at the express instruction of the ride operator,
(5) altering or enhancing the intended speed, course,
or direction of an amusement ride,
(6) using the controls of an amusement ride designed
solely to be operated by the ride operator,
(7) extending arms and legs beyond the carrier or
seating area except at the express direction of
the ride operator,
(8) throwing, dropping, or expelling an object from or
toward an amusement ride except as permitted by
the ride operator,
(9) getting on or off an amusement ride except at the
designated time and area, if any, at the direction
of the ride operator or in an emergency, and
(10) not reasonably controlling the speed or direction
of the person of the rider or an amusement ride
that requires the rider to control or direct the
person of the rider or a device;
2. A rider may not get on or attempt to get on an amusement ride
unless the rider or the parent or guardian of the rider reasonably
determines that the rider:
a. has sufficient knowledge to use, get on, and get off
the amusement ride safely without instruction or has
requested and received before getting on the ride
sufficient information to get on, use, and get off
safely,
b. has located, reviewed, and understood any signs in the
vicinity of the ride and has satisfied any posted
height, medical, or other restrictions,
c. knows the range and limits of the ability of the rider
and knows the requirements of the amusement ride will
not exceed those limits,
d. is not under the influence of alcohol or any drug that
affects the ability of the rider to safely use the
amusement ride or obey the posted rules or oral
instructions, and
e. is authorized by the amusement ride owner or the
authorized employee of the amusement ride owner to get
on the amusement ride; and
3. As used in this rule, "rider" means any person who is:
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a. waiting in the immediate vicinity to get on an
amusement ride,
b. getting on an amusement ride,
c. using an amusement ride,
d. getting off an amusement ride, or
e. leaving an amusement ride and still in its immediate
vicinity.
Added by Laws 2000, c. 295, § 4, eff. Nov. 1, 2000.
§40-461. Definitions.
As used in Sections 460 through 473 of this title:
1. "Amusement ride" means a device or combination of devices or
elements that carry, convey, or direct a person or persons over or
through a fixed or restricted course or within a defined area for the
primary purpose of amusement or entertainment. Amusement ride
includes any amusement park device that uses water as the means of
transportation, including the structure of the device. Amusement
ride does not include the operation of articles of husbandry
incidental to any agricultural operation or the operation of
amusement devices of a permanent nature which are subject to building
regulations issued by cities or counties and existing applicable
safety orders. Amusement ride shall be divided into the following
four categories:
a. "permanent amusement device" means a device which is
used, or intended to be used, as an amusement device
that is erected to remain a lasting part of the
premises,
b. "temporary amusement device" means a device which is
used as an amusement device that is regularly relocated
with or without disassembly,
c. "inflatable amusement device" means an inflatable
amusement device as defined in Section 472 of this
title, and
d. "other amusement device" means amusement devices
registered with the Department of Labor that have proof
of insurance.
The Commissioner of Labor may, by administrative regulation,
designate other rides and attractions that are not included in the
definition of amusement ride;
2. "Operator" or "owner" means a person who owns or controls or
has the duty to control the operation of an amusement ride and
includes the state and every state agency, and each county, city and
all private or public corporations and political subdivisions;
3. "Certificate of inspection" means a certificate issued by the
Commissioner of Labor which indicates that an inspection of the ride
has been performed pursuant to rules and regulations adopted by the
Department of Labor; and
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4. "Permanent amusement park ride" means an amusement ride which
is stationary or cannot be easily moved and which is located on the
same premises on which it is operated for no less than ninety (90)
days.
Added by Laws 1982, c. 145, § 2. Amended by Laws 2003, c. 102, § 1,
eff. Nov. 1, 2003; Laws 2008, c. 260, § 2, eff. July 1, 2008; Laws
2017, c. 330, § 1, eff. Nov. 1, 2017.
§40-462. Certificate of inspection - Inspections.
A. The Commissioner of Labor shall determine the date and
frequency of inspections based on the type of amusement ride. No
permanent or temporary amusement device may operate without an
initial inspection. On or before a date specified by the
Commissioner of Labor, an operator or owner shall apply for a
certificate of inspection on a form furnished by the Commissioner of
Labor.
B. "Other amusement devices" as defined in Section 461 of this
title shall be registered annually with the Department of Labor, and
the owner or operator shall provide to the Department of Labor proof
of insurance as provided under Section 467 of this title. The
Commissioner of Labor may promulgate rules providing for registration
of such devices.
C. The owner or operator may make application to the
Commissioner for less frequent inspections than are required under
subsection B of this section. The Commissioner, upon investigation
and/or hearing of the matter, may grant a waiver, provided equal
public safety is maintained. Such waiver shall provide specific
requirements for inspection in lieu of the requirements of subsection
B of this section. The Commissioner shall promulgate rules for the
determination of a waiver provided such rules place an affirmative
responsibility on the owner/operator for the preservation of public
safety.
D. The Commissioner of Labor may cause the inspection herein
provided for to be made by the Commissioner's safety inspectors or by
any qualified amusement ride inspector employed by an insurance
company.
E. If, after inspection, an amusement ride is found to comply
with the rules and regulations of the Commissioner of Labor, the
Commissioner of Labor shall issue a certificate of inspection which
shall authorize the operator or owner to operate the rides.
Added by Laws 1982, c. 145, § 3, eff. Oct. 1, 1982. Amended by Laws
1994, c. 272, § 6, operative July 1, 1994; Laws 2017, c. 330, § 2,
eff. Nov. 1, 2017.
§40-463. Fees - Certification of rides - Certificate of insurance
A. The Commissioner of Labor may promulgate rules establishing a
schedule of administrative fees for the registration and inspection
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of amusement and other rides. The following fees shall remain in
effect until such rules become effective, at which time the fees
contained in this section shall be superseded by rule. Fees
collected by the Department of Labor for the registration and
inspection of amusement and other rides shall be deposited into the
Department of Labor Revolving Fund.
1. The annual ride registration fee shall be: $25.00
2. The inspection fee shall be:
a. Amusement Rides $50.00
b. Other Rides per hour $100.00
B. The Commissioner of Labor shall not issue an original
certificate of inspection for an amusement ride until he receives
certification in writing that such amusement rides meet the
requirements established by the Commissioner of Labor for amusement
rides. The Commissioner of Labor shall designate by rule and
regulation pursuant to Section 460 of this title the qualifications
of the inspectors making the inspections required by this section.
C. Any permanent amusement park ride owner or operator shall
file a copy of a certificate of insurance with the Commissioner of
Labor on or before February 1 of each year. Such certificate of
insurance shall be in such form as to reflect the safety inspection
requirements for obtaining such insurance and the date of the last
inspection. The amount of the premium and the amount of coverage
shall not be required to be disclosed in the certificate.
The Commissioner may accept such certificate and insurance
inspection as evidence sufficient to issue a certificate of
inspection for the permanent amusement park ride.
D. The Governing Board of the State Fair of Oklahoma, the Tulsa
State Fair, and the Muskogee State Fair shall file a copy of a
certificate of insurance with the Commissioner of Labor before the
rides are put into operation at each location for the use of the
public. Such certificate shall be in such form as to reflect the
safety inspection requirements for obtaining such insurance and the
date of the inspection.
The Commissioner may accept such insurance inspection as evidence
sufficient to issue a certificate of inspection for the rides.
Added by Laws 1982, c. 145, § 4, eff. Oct. 1, 1982. Amended by Laws
1983, c. 101, § 1, emerg. eff. May 9, 1983; Laws 1991, c. 122, § 3,
eff. July 1, 1991; Laws 1991, c. 215, § 15, eff. July 1, 1991; Laws
1993, c. 270, § 47, eff. Sept. 1, 1993; Laws 2016, c. 100, § 1, eff.
Nov. 1, 2016.
§40-464. Notice of erection of ride or additions or alterations.
Before a new amusement ride is erected, or whenever any additions
or alterations are made which change the structure, mechanism,
classification or capacity of any amusement ride, the operator or
owner shall file with the Commissioner of Labor a notice of his
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intention and any plans or diagrams requested by the Commissioner of
Labor.
Added by Laws 1982, c. 145, § 5.
§40-465. Temporary cessation of ride - Orders - Enforcement.
A. The Commissioner of Labor may issue a written order for the
temporary cessation of operation of an amusement ride if it has been
determined after inspection to be hazardous or unsafe. Operations
shall not resume until such conditions are corrected to the
satisfaction of the Commissioner of Labor. The Commissioner of Labor
or his authorized inspector may inspect any amusement ride without
notice.
B. In addition to other powers confirmed by this act, the
Commissioner or his authorized representative shall have power to
order any person, firm, corporation, corporate officers, trustees or
any managing official of any municipal corporation, state agency or
political subdivision to cease violating any provision of this act,
or rule or regulations issued pursuant to this act. A certified copy
of such order shall be mailed to the person or entity so violating
the provisions of this act.
C. Any order issued by the Commissioner or his authorized
representative may be enforced in the district court in an action for
an injunction or writ of mandamus upon the petition of the district
attorney or Attorney General. Provided further, an injunction,
without bond, may be granted by the district court to the
Commissioner, for the purpose of enforcing this act.
Added by Laws 1982, c. 145, § 6.
§40-466. Modification of rules and regulations - Grounds.
The Commissioner of Labor may modify the application of rules or
regulations to an operator who demonstrates a hardship resulting from
such application if the public safety will remain secure. Any owner
or operator may make a written request to the Commissioner of Labor
specifying the hardships which are his grounds for requesting such
modification. Any authorization by the Commissioner of Labor shall
be in writing and shall describe the conditions under which the
modifications shall be permitted. A permanent record of all
modifications shall be kept in the Department of Labor for public
inspection.
Added by Laws 1982, c. 145, § 7.
§40-467. Liability insurance.
No person shall operate an amusement ride unless at the time
there exists a policy of insurance in an amount of not less than One
Million Dollars ($1,000,000.00) insuring the owner or operator
against liability for injury suffered by persons riding the amusement
ride.
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Added by Laws 1982, c. 145, § 8, eff. Oct. 1, 1982. Amended by Laws
2000, c. 295, § 5, eff. Nov. 1, 2000.
§40-468. Political subdivisions - Regulation of rides - Inspections.
A. Nothing contained in this act shall prevent cities and
counties from regulating amusement rides nor prevent them from
enacting ordinances in addition to the rules and regulations
promulgated by the Commissioner of Labor which may be more
restrictive than thisact with respect to amusement rides.
B. If a political subdivision presents satisfactory evidence to
the Commissioner of Labor that it can perform the inspections
required by this act, the Commissioner of Labor may delegate his
power of inspection.
C. The delegation of power is subject to an agreement entered
into by the Commissioner of Labor and the agency, political
subdivision or municipality.
D. The Commissioner of Labor may revoke the agreement or retain
the right to monitor the inspection.
Added by Laws 1982, c. 145, § 9.
§40-469. Violations - Penalties
A. Any violation of the provisions of Sections 460 through 468
of this title shall be a misdemeanor. Conviction thereof shall be
punished by a fine not exceeding One Thousand Dollars ($1,000.00) or
by not more than one (1) year in the county jail, or both such fine
and imprisonment. Each day of violation shall constitute a separate
offense.
B. The Commissioner of Labor may promulgate rules establishing a
schedule of administrative penalties and fines for violations of
Sections 460 through 468 of this title which may be in addition to or
in lieu of the criminal penalties provided in this section. The
promulgation of an administrative fine schedule shall grant the
Commissioner authority to impose those administrative fines for any
violation of Sections 460 through 468 of this title. Funds collected
as payment from a violator for administrative fines imposed for a
violation of Sections 463 through 468 of this title shall be
deposited to the Department of Labor Administrative Penalty Revolving
Fund created in Section 2 of this act.
Added by Laws 1982, c. 145, § 10. Amended by Laws 2016, c. 100, § 3,
eff. Nov. 1, 2016.
§40-470. Department of Labor Administrative Penalty Revolving Fund
There is hereby created in the State Treasury a revolving fund
for the Department of Labor to be designated the "Department of Labor
Administrative Penalty Revolving Fund". The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all administrative fines collected by the Department for
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violations of amusement ride safety pursuant to Sections 463 through
469 of Title 40 of the Oklahoma Statutes and the rules promulgated
thereto. All monies accruing to the credit of the fund are hereby
directed to be transferred by the Commissioner of Labor to the State
Treasurer for deposit and credit to the General Revenue Fund at the
end of each fiscal year.
Added by Laws 2016, c. 100, § 2, eff. Nov. 1, 2016.
§40-471. Repealed by Laws 2009, c. 179, § 3.
§40-472. Definitions.
A. As used in this section:
1. “ASTM Standards” means the American Society for Testing of
Materials International (ASTM) standards entitled “Standard Practice
for Ownership and Operation of Amusement Rides and Devices” currently
designated F 770, and any amendments, supplements, replacements or
substitutions therefor;
2. “Operating fact sheet” means a written description and
summary of the manufacturer’s recommended operating instructions and
specifications and the ride operation policies, procedures, safety
procedures and emergency procedures prepared in accordance with the
ASTM Standards;
3. “Amusement ride operator” or “ride operator” means a person
who is physically in control of the starting, stopping and
performance of the amusement ride while in operation; provided
however, ride operator shall not include persons fulfilling ancillary
functions in connection with the amusement ride such as taking
tickets or assisting passengers in loading and unloading;
4. “Amusement ride” means an amusement ride as defined in
Section 461 of Title 40 of the Oklahoma Statutes; provided however,
the term amusement ride shall not include inflatable amusement
devices; and
5. “Inflatable amusement device” means an amusement ride or
device consisting of air-filled structures designed for commercial
use where the public pays a price to rent or use such a device as
specified by the manufacturer, and may include, but not be limited
to, bounce, climb, slide or interactive play. They are made of
flexible fabric, kept inflated by continuous air flow by one or more
blowers and rely upon air pressure to maintain their shape.
B. All amusement rides must be under the control of a competent
ride operator or competent ride operators at all times when the
amusement ride is in operation. The ride operator must have been
issued a certificate of training pursuant to subsection F of this
section evidencing that the ride operator has been trained pursuant
to subsections C and D of this section within one (1) year from the
time of his or her operation of the amusement ride or rides in
question. Each such ride operator must wear a name tag identifying
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the ride operator by name and identifying the fact that such person
is a trained ride operator.
C. Each owner/operator shall provide or cause to be provided
training for each ride operator in the safe operation of the
amusement ride being operated. The minimum requirement for training
shall be that specified in the then most current ASTM Standard. Such
training shall include, but not be limited to, the following, where
applicable:
1. Instruction on ride or device operating procedures pursuant
to the operating fact sheet and any manufacturer’s operating manual,
supplements, alerts and bulletins applicable to the amusement ride;
2. Instructions on specific duties of the assigned position;
3. Instructions on general safety procedures;
4. Instructions on emergency procedures; and
5. Demonstration of the physical ride or device operation.
D. Each owner/operator shall ensure that each ride operator on a
ride-specific basis has:
1. Read and understood the operating fact sheet and has
satisfactorily demonstrated with on-the-job training and testing that
such ride operator is competent and understands the operating fact
sheet;
2. Demonstrated how to do pre-startup operational ride checks
and daily maintenance inspection;
3. Demonstrated understanding emergency procedures relating to
the amusement ride in question and has knowledge of use and function
of normal and emergency operating controls; and
4. Demonstrated the physical operation of the amusement ride in
question in a safe and satisfactory manner.
E. Each owner/operator shall maintain written records evidencing
the compliance with subsections C and D of this section with respect
to each ride operator and each amusement ride for which such operator
has been trained. These written records shall be maintained on the
premises where the amusement ride or amusement rides are being
operated and made available upon reasonable request by Department of
Labor amusement ride inspectors.
F. In addition to the written records required pursuant to
subsection E of this section, the owner/operator shall:
1. Provide to each ride operator trained pursuant to subsections
C and D of this section a written certificate stating that the holder
of this certificate has been trained in accordance with the
requirements of this section. This certificate shall be dated the
date on which the training and demonstration of these skills were
completed. The certificate may include additional amusement rides as
to which such ride operator has been trained, provided that the
separate date and location of such training is specified. Each
certificate will indicate the applicant’s name, address, date of
birth and each of the amusement rides such operator is approved to
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operate and the signatures of the owner/operator representative and
the ride operator; and
2. Maintain the originals or duplicates of the above certificate
on the premises and available for inspection by Department of Labor
amusement ride inspectors.
G. The Commissioner of Labor may, where there is reasonable
grounds to believe that a ride operator is operating an amusement
ride while under the influence of drugs or alcohol, require such ride
operator to submit for voluntary drug and alcohol testing by a
competent, qualified facility and pursuant to standards and
procedures consistent with operating a motor vehicle in this state.
Failure to submit to a voluntary drug or alcohol test under such
circumstance shall result in the termination of such ride operator’s
certification for a period of ninety (90) days. A positive test for
drugs and alcohol pursuant to the foregoing shall result in a loss of
such certification for a period of at least thirty (30) days and
until the applicant passes a subsequent drug and alcohol test, which
retest shall be at the expense of the applicant.
Added by Laws 2009, c. 179, § 1.
§40-473. Rules ineffective upon repeal of Section 471.
Any rules promulgated pursuant to Section 471 of Title 40 of the
Oklahoma Statutes, repealed by Section 3 of this act, shall be null
and void and shall have no effect.
Added by Laws 2009, c. 179, § 2.
§40-481. Establishment - Purpose - Administration - Public works
jobs included in program - Criteria for work experience assignments -
Public projects contracted by private sector contractor which may be
included - Eligible participants - Voluntariness of participation.
A. There shall be established a Jobs Recovery Program in
accordance with this act. The purpose of the Jobs Recovery Program
shall be to provide public works jobs and training for individuals
not otherwise able to obtain employment, provided they meet the
requirements specified in subsection F of this section, in order to
assist them in obtaining regular public or private employment.
B. The Oklahoma Employment Security Commission shall administer
this program subject to the requirements of this act and availability
of funds.
C. Public works jobs which shall be a part of this program shall
include, but not be limited to, the following:
1. Building, rebuilding or repairing roadbeds, bridges and
sidewalks;
2. Building, rebuilding, remodeling or repairing public schools
and public buildings;
3. Maintaining and improving state and municipal parks,
historical sites and cemeteries; and
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4. Building, rebuilding, remodeling or repairing jails, juvenile
facilities and prisons.
D. To the extent possible, the prior training, experience,
skills and abilities of a participant of this program shall be
utilized in making appropriate work experience assignments. The Jobs
Recovery Program established under this act shall provide:
1. Appropriate standards for health, safety and other conditions
applicable to the performance of work;
2. That the program does not result in displacement of persons
currently employed, or the filling of established unfilled position
vacancies;
3. Reasonable conditions of work, taking into account the
geographic region, the residence of the participants and the
proficiency of the participants;
4. That participants will not be required, without their
consent, to travel an unreasonable distance from their homes or
remain away from their homes overnight; and
5. Appropriate workers' compensation protection to each
participant performing work under this program.
E. The Jobs Recovery Program may include any public project
which is contracted by a private sector contractor, subject to the
following requirements:
1. A contractor who commits to utilize on a particular project a
labor force of which at least one-half is comprised of participants
of this program shall be preferred in the awarding of public
contracts when his bid and the bid of a nonparticipating contractor
are equal in all respects and are the low bids. To the extent
permitted by law public funds from this program will compensate the
contractor for at least one-half of the labor costs for participants
in the Jobs Recovery Program for a period not exceeding six (6)
months for any project;
2. Contractors participating in this program shall meet the
requirements as stipulated in subsection D of this section; and
3. Contractors participating in this program shall give priority
consideration to qualified participants of this program when
established position vacancies occur.
F. Eligible participants for the Jobs Recovery Program shall be
those unemployed persons who have exhausted all state and federal
unemployment benefits, as certified by the Oklahoma Employment
Security Commission, and/or those economically disadvantaged.
G. Notwithstanding any other provision of law, participation in
the Jobs Recovery Program under this act shall be voluntary only, and
in no event shall any person be subject to legal sanctions for
nonparticipation.
Added by Laws 1988, c. 219, § 1, emerg. eff. June 21, 1988.
§40-482. Federal and private sector funds to be sought.
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A. The Oklahoma Employment Security Commission shall seek any
federal funds available for the implementation of the Jobs Recovery
Program, including, but not limited to, funds available from grants
or work and training programs.
B. The Oklahoma Employment Security Commission shall seek any
private sector funds available for the implementation of the Jobs
Recovery Program, including, but not limited to, funds available from
donations or grants.
Added by Laws 1988, c. 219, § 2, emerg. eff. June 21, 1988.
§40-483. Administration of Job Training Partnership Act - Transfer
to Employment Security Commission.
The duties and responsibilities currently performed by the
Oklahoma Department of Commerce with regards to administration of the
Job Training Partnership Act of 1982, 29 U.S.C., Section 1501 et
seq., and all related property, records and personnel, are hereby
transferred to the Oklahoma Employment Security Commission.
Employees transferred to the Oklahoma Employment Security Commission
shall be classified and subject to the provisions of the Merit System
of Personnel Administration as provided for in the Oklahoma Personnel
Act. Such employees shall retain membership in the Health Insurance
Plan, Dental Insurance Plan and Life Insurance Plan created pursuant
to the Oklahoma Employees Insurance and Benefits Act, or Health
Maintenance Organization (HMO) Plans approved by the State and
Education Employees Group Insurance Board.
Added by Laws 1989, c. 313, § 11, operative July 1, 1989. Amended by
Laws 1992, c. 19, § 1, emerg. eff. March 30, 1992; Laws 2014, c. 73,
§ 1, eff. July 1, 2014.
§40-500. Nonsmoking as condition of employment.
A. It shall be unlawful for an employer to:
1. Discharge any individual, or otherwise disadvantage any
individual, with respect to compensation, terms, conditions or
privileges of employment because the individual is a nonsmoker or
smokes or uses tobacco products during nonworking hours; or
2. Require as a condition of employment that any employee or
applicant for employment abstain from smoking or using tobacco
products during nonworking hours.
B. Nothing in this section shall prohibit an employer from
offering incentives to an employee to participate in wellness
programs, including, but not limited to, smoking cessation programs,
in conjunction with the employer providing the employee health
insurance coverage.
Added by Laws 1991, c. 172, § 11, emerg. eff. May 8, 1991. Amended by
Laws 1991, c. 295, § 3, emerg. eff. May 29, 1991; Laws 2013, c. 103,
§ 2, eff. Nov. 1, 2013, and c. 269, § 25, eff. Nov. 1, 2013.
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NOTE: Laws 2013, c. 103, § 2 and Laws 2013, c. 269, § 25 made
virtually identical changes to this section.
§40-501. Construction of act - Conditions relating to smoking.
The provisions of Sections 11 through 14 of this act shall not be
construed to prevent an employer from prescribing conditions with
regard to smoking while on the job or on the premises of the
employer.
Added by Laws 1991, c. 172, § 12, emerg. eff. May 8, 1991.
§40-502. Application of act - Restriction on smoking as bona fide
occupational requirement or part of collective bargaining agreement.
The provisions of Sections 11 through 14 of this act shall not
apply when the restriction on smoking relates to a bona fide
occupational requirement or an applicable collective bargaining
agreement which prohibits or allows off-duty use of tobacco products.
Added by Laws 1991, c. 172, § 13, emerg. eff. May 8, 1991.
§40-503. Action for damages - Costs and attorney fees.
A. The sole remedy for any individual claiming to be aggrieved
by a violation of Section 11 of this act shall be a civil action for
damages which shall include all wages and benefits deprived the
individual by reason of the violation.
B. The court shall award the prevailing party in such action
court costs and reasonable attorney fees.
Added by Laws 1991, c. 172, § 14, emerg. eff. May 8, 1991.
§40-551. Standards for Workplace Drug and Alcohol Testing Act.
Sections 551 through 563 of this title shall be known and may be
cited as the "Standards for Workplace Drug and Alcohol Testing Act".
Added by Laws 1993, c. 355, § 1, emerg. eff. June 10, 1993. Amended
by Laws 2011, c. 180, § 1, eff. Nov. 1, 2011.
§40-552. Definitions.
As used in the Standards for Workplace Drug and Alcohol Testing
Act:
1. "Alcohol" means ethyl alcohol or ethanol;
2. "Applicant" means a person who has applied for a position
with an employer and received a conditional offer of employment;
3. "Board" means the State Board of Health;
4. "Confirmation test" means a drug or alcohol test on a sample
to substantiate the results of a prior drug or alcohol test on the
same sample and which uses different chemical principles and is of
equal or greater accuracy than the prior drug or alcohol test. Where
a breathalyzer test is utilized, a confirmation test means a second
sample test that confirms the prior result. Where a single-use test
is utilized, a confirmation test means a second test confirmed by a
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testing facility. A breath or blood specimen may be used for the
confirmation test for alcohol. A urine, saliva or blood specimen may
be used for the confirmation test for drugs;
5. "Department" means the State Department of Health;
6. "Drug" means amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates,
barbiturates, benzodiazepines, synthetic narcotics, designer drugs,
or a metabolite of any of the substances listed herein;
7. "Drug or alcohol test" means a chemical test administered for
the purpose of determining the presence or absence of a drug or its
metabolites or alcohol in a person's bodily tissue, fluids or
products. Adulteration of a specimen or of a drug or alcohol test
shall be considered as a refusal to test;
8. "Employee" means any person who supplies labor for
remuneration to his or her employer in this state and shall not
include an independent contractor, subcontractor or employees of an
independent contractor; provided, however, an independent contractor,
subcontractor, or employees of an independent contractor, may be
subject to a workplace drug or alcohol testing policy under the terms
of the contractual agreement when the drug or alcohol testing policy
applies to other workers at the job site or workers who are in the
same or similar classification or group;
9. "Employer" means any person, firm, corporation, partnership,
association, nonprofit organization or public employer, which has one
or more employees within this state, or which has offered or may
offer employment to one or more individuals in this state;
10. "Public employer" means the State of Oklahoma or any
political subdivision thereof, including any department, agency,
board, commission, institution, authority, public trust,
municipality, county, district or instrumentalities thereof;
11. "Review officer" means a person, qualified by the State
Board of Health, who is responsible for receiving results from a
testing facility which have been generated by an employer's drug or
alcohol testing program, and who has knowledge and training to
interpret and evaluate an individual's test results together with the
individual's medical history and any other relevant information;
12. "Sample" means tissue, fluid or product of the human body
chemically capable of revealing the presence of drugs or alcohol in
the human body; and
13. "Testing facility" means a facility which provides
laboratory services to test samples for the presence of drugs or
alcohol.
Added by Laws 1993, c. 355, § 2, emerg. eff. June 10, 1993. Amended
by Laws 2000, c. 335, § 1, emerg. eff. June 6, 2000; Laws 2005, c.
190, § 5, eff. Sept. 1, 2005; Laws 2011, c. 180, § 2, eff. Nov. 1,
2011; Laws 2012, c. 196, § 17, emerg. eff. May 8, 2012; Laws 2019, c.
11, § 24.
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NOTE: Laws 2005, c. 134, § 1 repealed by Laws 2012, c. 196, § 22,
emerg. eff. May 8, 2012.
§40-553. Construction of act.
A. The Standards for Workplace Drug and Alcohol Testing Act
shall not be construed as requiring or encouraging employers to
conduct drug or alcohol testing.
B. Except as provided in subsection C of this section, employers
who choose to conduct drug or alcohol testing of job applicants or
persons employed in this state shall be governed by the provisions of
this act and the rules promulgated pursuant thereto.
C. Drug or alcohol testing required by and conducted pursuant to
federal law or regulation shall be exempt from the provisions of the
Standards for Workplace Drug and Alcohol Testing Act and the rules
promulgated pursuant thereto.
D. This act shall not be construed as preventing the negotiation
of collective bargaining agreements that provide greater protection
to employees or applicants than is provided by this act.
Added by Laws 1993, c. 355, § 3, emerg. eff. June 10, 1993.
§40-554. Drug or alcohol testing by employers - Restrictions.
Employers may conduct drug and alcohol testing in accordance with
the Standards for Workplace Drug and Alcohol Testing Act. Employers
who choose to conduct drug or alcohol testing may only request or
require an applicant or employee to undergo testing under any of the
following circumstances:
1. Applicant and transfer/reassignment testing: A public or
private employer may request or require an applicant to undergo drug
or alcohol testing and may use a refusal to undergo testing or a
positive test result as a basis for refusal to hire. A public or
private employer may also request or require an employee who
transfers to a different position or job, or who is reassigned to a
different position or job, to undergo drug or alcohol testing;
2. For-cause testing: A public or private employer may request
or require an employee to undergo drug or alcohol testing at any time
it reasonably believes that the employee may be under the influence
of drugs or alcohol, including, but not limited to, the following
circumstances:
a. drugs or alcohol on or about the employee's person or
in the employee's vicinity,
b. conduct on the employee's part that suggests impairment
or influence of drugs or alcohol,
c. a report of drug or alcohol use while at work or on
duty,
d. information that an employee has tampered with drug or
alcohol testing at any time,
e. negative performance patterns, or
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f. excessive or unexplained absenteeism or tardiness;
3. Post-accident testing: A public or private employer may
require an employee to undergo drug or alcohol testing if the
employee or another person has sustained an injury while at work or
property has been damaged while at work, including damage to
equipment. For purposes of workers' compensation, no employee who
tests positive for the presence of substances defined and consumed
pursuant to Section 465.20 of Title 63 of the Oklahoma Statutes,
alcohol, illegal drugs, or illegally used chemicals, or refuses to
take a drug or alcohol test required by the employer, shall be
eligible for such compensation;
4. Random testing: A public or private employer may request or
require an employee or all members of an employment classification or
group to undergo drug or alcohol testing at random and may limit its
random testing programs to particular employment classifications or
groups, except that a public employer may require random testing only
of employees who:
a. are police or peace officers,
b. have drug interdiction responsibilities,
c. are authorized to carry firearms,
d. are engaged in activities which directly affect the
safety of others,
e. are working for a public hospital including any
hospital owned or operated by a municipality, county,
or public trust, or
f. work in direct contact with inmates in the custody of
the Department of Corrections or work in direct contact
with juvenile delinquents or children in need of
supervision in the custody of the Department of Human
Services;
5. Scheduled, fitness-for-duty, return from leave and other
periodic testing: A public or private employer may request or
require an employee to undergo drug or alcohol testing if the test is
conducted as a routine part of a routinely scheduled employee
fitness-for-duty medical examination, or is requested or required by
the employer in connection with an employee's return to duty from
leave of absence, or which is scheduled routinely as part of the
employer's written policy, except that a public employer may require
scheduled, periodic testing only of employees who:
a. are police or peace officers,
b. have drug interdiction responsibilities,
c. are authorized to carry firearms,
d. are engaged in activities which directly affect the
safety of others,
e. are working for a public hospital including any
hospital owned or operated by a municipality, county,
or public trust, or
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f. work in direct contact with inmates in the custody of
the Department of Corrections or work in direct contact
with juvenile delinquents or children in need of
supervision in the custody of the Department of Human
Services; and
6. Post-rehabilitation testing: A public or private employer
may request or require an employee to undergo drug or alcohol testing
for a period of up to two (2) years commencing with the employee's
return to work, following a positive test or following participation
in a drug or alcohol dependency treatment program.
Added by Laws 1993, c. 355, § 4, emerg. eff. June 10, 1993. Amended
by Laws 2001, 1st Ex. Sess., c. 3, § 1, emerg. eff. Oct. 23, 2001;
Laws 2005, 1st Ex. Sess., c. 1, § 4, eff. July 1, 2005; Laws 2008, c.
132, § 11, eff. Nov. 1, 2008; Laws 2011, c. 180, § 3, eff. Nov. 1,
2011; Laws 2012, c. 196, § 18, emerg. eff. May 8, 2012.
§40-555. Written policy required - Notice of policy changes -
Distribution.
A. Any employer that requests or requires an applicant or
employee to undergo drug or alcohol testing shall first adopt a
written policy setting forth the specifics of its drug or alcohol
testing program, which may include, but is not limited to, the
following information:
1. A statement of the employer's policy respecting drug or
alcohol use by employees;
2. Which applicants and employees are subject to testing;
3. Circumstances under which testing may be requested or
required;
4. Substances which may be tested. It shall be sufficient for
an employer to state in the written policy that the substances tested
shall be for drugs and alcohol;
5. Testing methods and collection procedures to be used;
6. Consequences of refusing to undergo testing;
7. Potential adverse personnel action which may be taken as a
result of a positive test result;
8. The ability of an applicant and employee to explain, in
confidence, the test results;
9. The ability of an applicant and employee to obtain copies of
all information and records related to that individual's testing;
10. Confidentiality requirements; and
11. The available appeal procedures.
B. An employer who implements a drug or alcohol testing policy
or changes its policy, shall provide at least ten (10) days' notice
to its employees and shall provide a copy of its policy to each
applicant upon his or her acceptance of employment by:
1. Hand-delivery of a paper copy of the policy or changes to the
policy;
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2. Mailing a paper copy of the policy or changes to the policy
through the U.S. Postal Service or a parcel delivery service to the
last address given by the employee or applicant;
3. Electronically transmitting a copy of the policy through an
e-mail or by posting on the employer’s website or intranet site; or
4. Posting a copy in a prominent employee access area.
Added by Laws 1993, c. 355, § 5, emerg. eff. June 10, 1993. Amended
by Laws 2007, c. 78, § 2, eff. Nov. 1, 2007; Laws 2008, c. 132, § 12,
eff. Nov. 1, 2008; Laws 2011, c. 180, § 4, eff. Nov. 1, 2011.
§40-556. Time of employer testing - Payment of costs.
Any drug or alcohol testing by an employer shall be deemed work
time for purposes of compensation and benefits for current employees.
An employer shall pay all costs of testing for drugs or alcohol
required by the employer. Provided, however, if an employee or
applicant requests a confirmation test of a sample within twenty-four
(24) hours of receiving notice of a positive test in order to
challenge the results of a positive test, the employee or applicant
shall pay all costs of the confirmation test, unless the confirmation
test reverses the findings of the challenged positive test. In such
case, the employer shall reimburse the individual for the costs of
the confirmation test.
Added by Laws 1993, c. 355, § 6, emerg. eff. June 10, 1993. Amended
by Laws 2011, c. 180, § 5, eff. Nov. 1, 2011.
§40-557. Licensure and regulation of testing facilities -
Alternative testing methods.
A. The State Board of Health shall have the power and duty to
promulgate, prescribe, amend and repeal rules for the licensure and
regulation of testing facilities, which shall include, but not be
limited to, the following:
1. Qualifications of testing facilities which shall include the
requirement that facilities doing urine analysis tests be certified
for forensic urine drug testing pursuant to guidelines or regulations
of the federal Department of Health and Human Services or be
accredited for forensic urine drug testing by the College of American
Pathologists or other organizations recognized by the State Board of
Health;
2. Qualifications of testing facility personnel; and
3. Procedures for the testing facility to provide the necessary
documentation of testing procedures and test results to the employer
requesting testing services as may be required by a court or
administrative proceeding.
B. Nothing in the Standards for Workplace Drug and Alcohol
Testing Act shall be construed as prohibiting an employer from
adopting a policy which allows for testing for drugs or alcohol by
another method which is reasonably calculated to detect the presence
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of drugs or alcohol, including, but not limited to, breathalyzer
testing, testing by use of a single-use test device, known as an on-
site or quick testing device, to collect, handle, store and ship a
sample collected for testing.
Added by Laws 1993, c. 355, § 7, emerg. eff. June 10, 1993. Amended
by Laws 2006, c. 277, § 3, eff. Nov. 1, 2006; Laws 2011, c. 180, § 6,
eff. Nov. 1, 2011; Laws 2012, c. 196, § 19, emerg. eff. May 8, 2012.
§40-558. Licensing of testing facilities - Fees - Administrative
fines.
A. On and after July 1, 1994, no testing facility shall provide
laboratory services to an employer to test for the presence or
absence of drugs or alcohol unless it meets the qualifications
established for testing facilities pursuant to Section 7 of this act
and is licensed by the State Department of Health to perform such
tests. The State Board of Health shall promulgate rules relating to
the issuance of such license, including rules governing license
revocation, suspension and nonrenewal.
B. The fees for licensure of testing facilities by the State
Department of Health shall be set by the State Board of Health and
shall not be more than One Hundred Fifty Dollars ($150.00) annually.
C. Any testing facility providing laboratory services to an
employer to test for the evidence of drugs or alcohol which is not
licensed by the State Department of Health pursuant to this section
shall be subject to an administrative fine of not more than Five
Hundred Dollars ($500.00) for each offense. Each test performed by
the unlicensed testing facility in violation of this section shall
constitute a separate offense.
Added by Laws 1993, c. 355, § 8, emerg. eff. June 10, 1993.
§40-559. Sample collection and testing - Conditions.
All sample collection and testing for drugs and alcohol pursuant
to the provisions of this act shall be conducted in accordance with
the following conditions:
1. Samples shall be collected and tested only by individuals
deemed qualified by the State Board of Health and may be collected on
the premises of the employer;
2. Only samples deemed appropriate by the State Board of Health
for drug and alcohol testing shall be collected;
3. The collection of samples shall be performed under reasonable
and sanitary conditions;
4. A sample shall be collected in sufficient quantity for
splitting into two separate specimens, pursuant to rules of the State
Board of Health, to provide for any subsequent independent analysis
in the event of challenge of the test results of the main specimen;
5. Samples shall be collected and tested with due regard to the
privacy of the individual being tested. In the instances of
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urinalysis, no employer or representative, agent or designee of the
employer shall directly observe an applicant or employee in the
process of producing a urine sample; provided, however, collection
shall be in a manner reasonably calculated to prevent substitutions
or interference with the collection or testing of reliable samples;
6. Sample collection shall be documented, and the documentation
procedures shall include:
a. labeling of samples so as reasonably to preclude the
probability of erroneous identification of test
results, and
b. an opportunity for the applicant or employee to provide
notification of any information which the applicant or
employee considers relevant to the test, including
identification of currently or recently used
prescription or nonprescription drugs, or other
relevant information;
7. Sample collection, storage, and transportation to the testing
facility shall be performed so as reasonably to preclude the
probability of sample contamination or adulteration;
8. Sample testing shall conform to scientifically accepted
analytical methods and procedures. Testing shall include
confirmation of any positive test result by gas chromatography, gas
chromatography-mass spectroscopy, or an equivalent scientifically
accepted method of equal or greater accuracy as approved by Board
rule, at the cutoff levels as determined by Board rule, before the
result of any test may be used as a basis for refusal to hire a job
applicant or any action by an employer pursuant to Section 12 of this
act; and
9. A written record of the chain of custody of the sample shall
be maintained from the time of the collection of the sample until the
sample is no longer required.
Added by Laws 1993, c. 355, § 9, emerg. eff. June 10, 1993.
§40-560. Drug and alcohol test records - Disclosure.
A. Records of all drug and alcohol test results and related
information maintained by the employer shall be the property of the
employer and, upon the request of the applicant or employee tested,
shall be made available for inspection and copying to the applicant
or employee. Except as provided in subsection B of this section, an
employer shall not release such records to any person other than the
applicant, employee or the review officer.
B. Records of all drug and alcohol test results and related
information maintained by the employer may be released by the
employer for any of the following purposes:
1. As admissible evidence by an employer or the individual
tested in a case or proceeding before a court of record or
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administrative agency if either the employer or the individual tested
are named parties in the case or proceeding;
2. In order to comply with a valid judicial or administrative
order; or
3. To an employer's employees, agents and representatives who
need access to such records in the administration of the Standards
For Workplace Drug and Alcohol Testing Act.
C. A testing facility, or any agent, representative or designee
of the facility, or any review officer, shall not disclose to any
employer, based on the analysis of a sample collected from an
applicant or employee for the purpose of testing for the presence of
drugs or alcohol, any information relating to the general health,
pregnancy or other physical or mental condition of the applicant or
employee.
A testing facility shall release the results of the drug or
alcohol test, and any analysis and information related thereto, to
the individual tested upon request.
Added by Laws 1993, c. 355, § 10, emerg. eff. June 10, 1993. Amended
by Laws 2011, c. 180, § 7, eff. Nov. 1, 2011; Laws 2012, c. 196, §
20, emerg. eff. May 8, 2012.
§40-561. Repealed by Laws 2011, c. 180, § 10, eff. Nov. 1, 2011.
§40-562. Disciplinary actions.
A. An employer's policy shall state the disciplinary actions
that may be taken upon a refusal to undergo a drug or alcohol test or
for a positive test for the presence of drugs or alcohol.
B. An employer may take disciplinary action, up to and including
discharge, against an employee who refuses to undergo drug or alcohol
testing conducted in accordance with the provisions of Section 551 et
seq. of this title or who tests positive for the presence of drugs or
alcohol.
C. Notwithstanding any provision of law for confidentiality of
drug or alcohol testing results, nothing in the Standards for
Workplace Drug and Alcohol Testing Act shall preclude an employer,
contracting with another employer, from sharing drug or alcohol
testing results of any tested person who works pursuant to such
contractual agreement.
Added by Laws 1993, c. 355, § 12, emerg. eff. June 10, 1993. Amended
by Laws 2011, c. 180, § 8, eff. Nov. 1, 2011; Laws 2012, c. 196, §
21, emerg. eff. May 8, 2012.
§40-563. Willful violation of act - Civil actions - Remedies.
A. Any person aggrieved by a willful violation of the Standards
for Workplace Drug and Alcohol Testing Act may institute a civil
action in a court of competent jurisdiction within one (1) year of
the alleged willful violation or be barred from obtaining the relief
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provided for in subsection B of this section. A willful violation of
the Standards for Workplace Drug and Alcohol Testing Act requires
proof by the preponderance of the evidence that the employer had a
specific intent to violate the act.
B. A prevailing party may be awarded lost wages to which the
person would have been entitled and an additional equal amount as
liquidated damages. Interim earnings or amounts earnable with
reasonable diligence by the aggrieved person shall operate to reduce
the lost wages otherwise allowable. Reasonable costs and attorney
fees may be awarded to the prevailing party, whether plaintiff or
defendant.
Added by Laws 1993, c. 355, § 13, emerg. eff. June 10, 1993. Amended
by Laws 2011, c. 180, § 9, eff. Nov. 1, 2011.
§40-564. Repealed by Laws 2011, c. 180, § 10, eff. Nov. 1, 2011.
§40-565. Repealed by Laws 2011, c. 180, § 10, eff. Nov. 1, 2011.
§40-600.1. Short title – Legislative findings.
A. This act shall be known and may be cited as the "Oklahoma
Professional Employer Organization Recognition and Registration Act".
B. The Legislature hereby finds:
1. That professional employer organizations provide a valuable
service to commerce and the citizens of this state by increasing the
opportunities of employers to develop cost-effective methods of
satisfying their personnel requirements and providing employees with
access to certain employment benefits which might otherwise not be
available to them;
2. That professional employer organizations operating in this
state should be properly recognized and regulated by the Department
of Insurance of this state, as provided in this act; and
3. That any allocation of the employer’s duties and
responsibilities pursuant to this act will preserve all rights to
which their covered employees would be entitled under a traditional
employment relationship.
Added by Laws 2002, c. 64, § 1, eff. Nov. 1, 2002.
§40-600.2. Definitions.
1. “Client” means any person who enters into a coemployment
relationship as a coemployer with a professional employer
organization (PEO);
2. “Coemployer” means either a PEO or a client;
3. “Coemployment relationship” means:
a. as between coemployers, a relationship whereby the
rights, duties and obligations of an employer which
arise out of an employment relationship have been
allocated between coemployers pursuant to a
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professional employer agreement and the Oklahoma
Professional Employer Organization Recognition and
Registration Act, and which is intended to be an
ongoing relationship, rather than a temporary or
project specific relationship, and
b. as between each PEO and a covered employee as to which
a professional employer agreement applies, an
employment relationship whereby:
(1) such PEO is entitled to enforce those rights, and
obligated to perform those duties and obligations,
allocated to such PEO by the professional employer
agreement and the Oklahoma Professional Employer
Organization Recognition and Registration Act, and
(2) such covered employee is entitled to enforce
against such PEO those duties and obligations
allocated to the PEO by the professional employer
agreement and the Oklahoma Professional Employer
Organization Recognition and Registration Act;
c. as between each client and a covered employee to which
a professional employer agreement applies and
employment relationship whereby:
(1) such client is entitled to enforce those rights,
and obligated to provide and perform those
employer obligations allocated to such client by
the professional employer agreement and the
Oklahoma Professional Employer Organization
Recognition and Registration Act and whereby such
client is responsible for any employer right or
obligation not otherwise allocated by the
professional employer agreement of the Oklahoma
Professional Employer Organization Recognition and
Registration Act, and
(2) such covered employee is entitled to enforce
against such client those duties and obligations
allocated to the client by the professional
employer agreement and the Oklahoma Professional
Employer Organization Recognition and Registration
Act and any other duties and obligations of an
employer not otherwise allocated by the
professional employer agreement or the Oklahoma
Professional Employer Organization Recognition and
Registration Act;
4. “Commissioner” means the Insurance Commissioner of the State
of Oklahoma;
5. “Covered Employee” means an individual having a coemployment
relationship with a PEO and a client who have entered into a
professional employer agreement with respect to such person, and
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shall include the client’s officers, directors, shareholders,
partners and managers to the extent such persons act as operational
managers or perform services for the client;
6. “Department” means the Department of Insurance of the State
of Oklahoma;
7. “Person” means any individual, partnership, corporation,
limited liability company, association, or any other form of legally
recognized entity;
8. “Professional employer agreement” means a written contract by
and between a client and a PEO under which the PEO and the client
agree to establish a coemployment relationship and which satisfies
the requirements of subsection C of Section 7 of this act;
9. “Professional Employer Organization” or PEO means any person
engaged in the business of providing professional employer services.
A person engaged in the business of providing professional employer
services shall be subject to registration under the Oklahoma
Professional Employer Organization Recognition and Registration Act
regardless of its use of the term “professional employer
organization”, “PEO”, “staff leasing company”, “registered staff
leasing company”, “employee leasing company”, or any other name;
10. “Professional employer services” means the service of
entering into coemployment relationships under the Oklahoma
Professional Employer Organization Recognition and Registration Act,
in which, except in isolated instances, all or a majority of the
employees providing services to a client or to a division or work
unit of client are covered employees;
11. “Registrant” means a PEO registered under the Oklahoma
Professional Employer Organization Recognition and Registration Act;
and
12. “Temporary help services” means a service whereby a person
hires workers and assigns them to a person for a temporary time
period or nonpermanent basis to support or supplement the other
person’s workforce in special work situations such as, but not
limited to, employee absences, temporary skill shortages, seasonal
workloads, and special assignments and projects. Temporary help
services shall not be deemed professional employer services.
Added by Laws 2002, c. 64, § 2, eff. Nov. 1, 2002.
§40-600.3. Effect of act on collective bargaining agreements,
licensing, and tax credits.
A. Collective bargaining agreements. Nothing contained in the
Oklahoma Professional Employer Organization Recognition and
Registration Act or in any professional employer agreement shall
affect, modify or amend any collective bargaining agreement, or the
rights or obligations of any client, PEO, or covered employee under
the National Labor Relations Act.
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B. Licensing. Nothing contained in the Oklahoma Professional
Employer Organization Recognition and Registration Act or any
professional employer agreement shall affect, modify or amend any
state, local, or federal licensing, registration, or certification
requirement applicable to any client or covered employee.
C. Licensed employees. A covered employee who must be licensed,
registered, or certified according to law or regulation is deemed
solely an employee of the client for purposes of any such license,
registration, or certification requirement.
D. Licensed activities. A PEO shall not be deemed to engage in
any occupation, trade, profession, or other activity that is subject
to licensing, registration, or certification requirements, or is
otherwise regulated by a governmental entity solely by entering into
and maintaining a coemployment relationship with a covered employee
who is subject to such requirements or regulation.
E. Tax credits and other incentives. For purposes of
determination of tax credits and other economic incentives provided
by this state and based on employment, covered employees shall be
deemed employees solely of the client. A client shall be entitled to
the benefit of any tax credit, economic incentive, or other benefit
arising as the result of the employment of covered employees of such
client. Each PEO will provide, upon request by a client, employment
information reasonably required by any agency or department of this
state responsible for administration of any such tax credit or
economic incentive and necessary to support any request, claim,
application, or other action by a client seeking any such tax credit
or economic incentive.
Added by Laws 2002, c. 64, § 3, eff. Nov. 1, 2002.
§40-600.4. Registration – De minimus exemption.
A. Registration required. Except as otherwise provided in the
Oklahoma Professional Employer Organization Recognition and
Registration Act, no person shall, unless the person is registered as
a PEO or PEO Group under the Oklahoma Professional Employer
Organization Recognition and Registration Act, provide, advertise, or
otherwise hold itself out as providing professional employer services
in this state.
B. Registration information.
1. Each PEO or PEO Group required to be registered under the
Oklahoma Professional Employer Organization Recognition and
Registration Act shall provide the Insurance Commissioner with
information required by the Commissioner on forms prescribed by the
Commissioner. Pursuant to paragraph 2 of this subsection, a PEO or
PEO Group may use a qualified assurance organization as approved by
the Commissioner to provide services related to the registration of
the PEO or PEO Group. A PEO or PEO Group may authorize an assurance
organization to act on behalf of the PEO or PEO Group in complying
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with the registration requirements set forth in the Oklahoma
Professional Employer Organization Recognition and Registration Act,
including, but not limited to, electronic filings of information and
payment of registration fees. At a minimum, PEOs, PEO Groups or an
approved assurance organization acting on behalf of the PEO or PEO
Group, shall provide the following information:
a. the name or names under which the PEO or PEO Group
conducts business,
b. the address of the principal place of business of the
PEO or PEO Group and the address of each office it
maintains in this state,
c. the PEO’s or PEO Group’s taxpayer or employer
identification number,
d. a list by jurisdiction of each name under which the PEO
or PEO Group has operated in the preceding five (5)
years, including any alternative names, names of
predecessors and, if known, successor business
entities,
e. a statement of ownership, which shall include the name
and evidence of the business experience of any person
that, individually or acting in concert with one or
more other persons, owns or controls, directly or
indirectly, twenty-five percent (25%) or more of the
equity interests of the PEO or PEO Group,
f. a statement of management, which shall include the name
and evidence of the business experience of any person
who serves as president, chief executive officer, or
otherwise has the authority to act as senior executive
officer of the PEO or PEO Group, and
g. a financial statement setting forth the financial
condition of the PEO or PEO Group, as of a date not
earlier than one hundred eighty (180) days prior to the
date submitted to the Commissioner, prepared in
accordance with generally accepted accounting
principles, and audited or reviewed by an independent
certified public accountant licensed to practice in the
jurisdiction in which such accountant is located. A
PEO Group may submit combined or consolidated audited
or reviewed financial statements to meet the
requirements of this section.
2. The financial statement required by subparagraph g of
paragraph 1 of this subsection may be dated as of a date that is not
earlier than three hundred sixty-five (365) days before the date on
which the application is submitted in the event the PEO or PEO Group
provides the following:
a. evidence that is acceptable to the Commissioner that it
is licensed or registered in good standing in another
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state with equal or greater requirements than the
requirements of the Oklahoma Professional Employer
Organization Recognition and Registration Act,
b. quarterly financial statements of management for each
calendar quarter as of the most recent audit that
demonstrate continuing financial operations acceptable
to the Commissioner, and
c. the certification of an independent Certified Public
Accountant that as of the end of the most recent
calendar quarter, the PEO or PEO Group has paid all of
its state and federal payroll taxes, health and
workers’ compensation premiums, and contributions to
employee retirement plans in a timely and appropriate
manner.
3. For purposes of the Oklahoma Professional Employer
Organization Recognition and Registration Act, “assurance
organization” means an independent entity approved by the
Commissioner to certify the qualifications of a PEO or PEO Group for
registration under this section and Section 600.6 of this title and
any related requirements and procedures. To be considered for
approval as an independent and qualified assurance organization, the
assurance organization shall submit a written request for approval to
the Commissioner. The written request shall include, but not be
limited to, the following:
a. evidence that the assurance organization is independent
and has an established national program for the
accreditation and financial assurance of PEOs and PEO
Groups based on requirements similar to the
requirements of the Oklahoma Professional Employer
Organization Recognition and Registration Act, and any
rules promulgated for the implementation of the
Oklahoma Professional Employer Organization Recognition
and Registration Act,
b. evidence that the assurance organization has documented
qualifications, standards, procedures, and financial
assurance acceptable to the Commissioner and is
licensed or otherwise approved by one or more states to
certify the qualifications of PEOs or PEO Groups,
c. an agreement to provide information, compliance
monitoring services, and a level of financial assurance
as deemed acceptable by the Commissioner,
d. an agreement to provide the Commissioner with an
application that has been executed by each PEO or PEO
Group requesting alternative registration under this
section and Section 600.6 of this title and related
requirements and procedures in a form approved by the
Commissioner. The application shall:
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(1) authorize the assurance organization to share with
the Commissioner any application and compliance
reporting information required under the Oklahoma
Professional Employer Organization Recognition and
Registration Act that has been provided to the
assurance organization by the PEO or PEO Group,
(2) authorize the Commissioner to accept information
shared by the assurance organization for
registration or renewal of registration of the PEO
or PEO Group as if the information was provided
directly to the Commissioner by the PEO or PEO
Group,
(3) provide the certification of the PEO or PEO Group
that the information provided by the assurance
organization to the Commissioner is true and
complete and that the PEO or PEO Group is in full
and complete compliance with all requirements of
the Oklahoma Professional Employer Organization
Recognition and Registration Act, and
(4) provide the certification of the assurance
organization that the PEO or PEO Group is in
compliance with the standards and procedures of
the assurance organization which are similar to
the requirements of the Oklahoma Professional
Employer Organization Recognition and Registration
Act and is qualified for registration or renewal
of registration under the Oklahoma Professional
Employer Organization Recognition and Registration
Act,
e. an agreement to provide written notice to the
Commissioner within two (2) business days of
determination by the assurance organization of the
failure of a PEO or PEO Group to meet the
qualifications for registration under the Oklahoma
Professional Employer Organization Recognition and
Registration Act or determination by the assurance
organization of the failure of the PEO or PEO Group to
meet the qualifications for accreditation or
certification by the assurance organization, and
f. an agreement to share with the Commissioner in a timely
manner the information and supporting documentation
provided to the assurance organization by the PEO or
PEO Group similar to the information and documentation
required for registration or renewal of registration
under the Oklahoma Professional Employer Organization
Recognition and Registration Act.
C. Initial registration.
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1. Each PEO or PEO Group operating within this state as of
November 1, 2002, shall complete its initial registration not later
than one hundred eighty (180) days after the end of the PEO’s or PEO
Group’s first fiscal year ending after November 1, 2002.
2. Each PEO or PEO Group not operating within this state as of
November 1, 2002, shall complete its initial registration prior to
commencement of operations within this state. A registration is
valid for a term of one (1) year.
D. Renewal. 1. A registration expires one (1) year following
the registration unless it is renewed pursuant to this subsection.
Before expiration of the registration, a registrant may renew the
registration for an additional one-year term if the registrant:
a. remains in good standing and otherwise is entitled to
be registered pursuant to the Oklahoma Professional
Employer Organization Recognition and Registration Act,
b. files with the Commissioner a renewal application on a
form prescribed by the Commissioner, and
c. pays to the Commissioner a renewal fee as provided for
in Section 600.5 of this title.
2. A registration shall be considered late thirty (30) days
after the renewal date. Any registration received more than thirty
(30) days after the renewal date shall be accompanied by a late
registration fee of Five Hundred Dollars ($500.00).
E. Group registration. Any two or more PEOs held under common
control of any other person or persons acting in concert may be
registered as a PEO Group. A PEO Group may satisfy any reporting and
financial requirements of this registration law on a consolidated
basis.
F. Electronic filing and compliance. A PEO, PEO Group or an
approved independent and qualified assurance organization as provided
for in subsection B of this section may electronically submit filings
in conformance with Sections 15-101 through 15-121 of Title 12A of
the Oklahoma Statutes. Electronically submitted filings include, but
are not limited to, applications, documents, reports, and other
filings required under the Oklahoma Uniform Electronic Transactions
Act.
G. De minimis exemption.
1. A PEO is exempt from the registration requirements payable
under the Oklahoma Professional Employer Organization Recognition and
Registration Act if such PEO:
a. submits a properly executed request for exemption on a
form provided by the Department,
b. is domiciled outside this state and is licensed or
registered as a professional employer organization in
another state that has the same or greater requirements
as the Oklahoma Professional Employer Organization
Recognition and Registration Act,
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c. does not maintain an office in this state or solicit in
any manner clients located or domiciled within this
state, and
d. does not have more than twenty-five covered employees
employed or domiciled in this state.
2. An exemption of a professional employer organization from the
registration requirements under the Oklahoma Professional Employer
Organization Recognition and Registration Act shall be valid for one
(1) year, subject to renewal.
H. List. The Commissioner shall maintain a list of professional
employer organizations registered or exempted under the Oklahoma
Professional Employer Organization Recognition and Registration Act
and a list of approved assurance organizations.
I. Forms. The Commissioner may prescribe forms necessary to
promote the efficient administration of this section.
J. The Commissioner is authorized to promulgate reasonable rules
necessary for the administration and implementation of this section.
K. The Commissioner may reject an application for registration,
renewal of registration, or for an exemption from registration if the
Commissioner finds that:
1. The application is not fully completed or properly executed;
2. Documents required to supplement the application are not
included in the application packet or are inadequate;
3. The registration fee is not submitted with the application;
4. The applicant or any person named in the application
misrepresents material in the application;
5. The applicant, or any of its officers, is determined by the
Commissioner to lack good moral character, business integrity, or
financial responsibility; or
6. The controlling person has violated a provision of the
Oklahoma Professional Employer Organization Recognition and
Registration Act.
Added by Laws 2002, c. 64, § 4, eff. Nov. 1, 2002. Amended by Laws
2010, c. 222, § 53, eff. Nov. 1, 2010; Laws 2012, c. 238, § 1, eff.
Nov. 1, 2012.
§40-600.5. Registration fees.
A. Initial registration. Upon filing an initial registration
statement under the Oklahoma Professional Employer Organization
Recognition and Registration Act, a PEO shall pay an initial
registration fee of Five Hundred Dollars ($500.00).
B. Initial Group Registration. Upon filing an initial Group
registration statement pursuant to the Oklahoma Professional Employer
Organization Recognition and Registration Act, the PEO Group shall
pay an initial registration fee of Five Hundred Dollars ($500.00) per
member of the PEO Group.
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C. Renewal. Upon each annual renewal of a registration
statement filed under the Oklahoma Professional Employer Organization
Recognition and Registration Act, a PEO shall pay a renewal fee of
Two Hundred Fifty Dollars ($250.00).
D. Renewal. Upon each annual renewal of a Group registration
statement filed under the Oklahoma Professional Employer Organization
Recognition and Registration Act, a PEO Group shall pay a renewal fee
of Two Hundred Fifty Dollars ($250.00) per member of the PEO Group.
E. Exemption. Each PEO exempt from registration under the terms
of this subsection shall pay an exemption fee in the amount of Two
Hundred Fifty Dollars ($250.00) upon initial application for
exemption and upon each annual renewal of the exemption.
Added by Laws 2002, c. 64, § 5, eff. Nov. 1, 2002. Amended by Laws
2010, c. 222, § 54, eff. Nov. 1, 2010.
§40-600.6. Financial and tax requirements – Confidentiality.
A. Net worth and bonding. Each PEO shall maintain either:
1. A minimum net worth of Fifty Thousand Dollars ($50,000.00),
as reflected in the financial statements submitted to the
Commissioner with the initial registration and each annual renewal;
or
2. A bond or securities with a minimum market value of Fifty
Thousand Dollars ($50,000.00), held by a depository designated by the
Commissioner, securing payment by the PEO of all taxes, wages,
benefits or other entitlement due to or with respect to a covered
employee, if the PEO does not make such payments when due. Any bond
or securities deposited under this subsection shall not be included
for the purpose of calculation of the minimum net worth required by
this subsection.
B. Payroll tax payments. A PEO shall submit to the
Commissioner, within ninety (90) days after the end of each calendar
quarter, a statement by an independent certified public accountant
that all applicable state payroll taxes for covered employees located
in this state have been paid on a timely basis for that quarter.
C. Record confidentiality. All records, reports and other
information obtained from a PEO under the Oklahoma Professional
Employer Organization Recognition and Registration Act, except to the
extent necessary for the proper administration of the Oklahoma
Professional Employer Organization Recognition and Registration Act
by the Department, shall be confidential and shall not be published
or open to public inspection other than to public employees in the
performance of their public duties.
Added by Laws 2002, c. 64, § 6, eff. Nov. 1, 2002.
§40-600.7. Contract requirements – Rights and duties of employer,
employee, and client – Notice – Workers’ compensation – Benefit plans
– Liability – Sales tax.
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A. Contractual relationship. Except as specifically provided in
the Oklahoma Professional Employer Organization Recognition and
Registration Act, the coemployment relationship between the client
and the PEO, and between each coemployer and each covered employee,
shall be governed by the professional employer agreement. Nothing
contained in any professional employer agreement or the Oklahoma
Professional Employer Organization Recognition and Registration Act
shall be deemed to:
1. Diminish, abolish or remove rights of covered employees as to
clients or obligations of such client as to a covered employee,
existing prior to the effective date of a professional employer
agreement;
2. Terminate an employment relationship existing prior to the
effective date of a professional employer agreement; or
3. Create any new or additional enforcement right of a covered
employee against a PEO not specifically allocated to such PEO in the
professional employer agreement or the Oklahoma Professional Employer
Organization Recognition and Registration Act.
B. Allocation of rights, duties and obligations. Except as
specifically provided in the Oklahoma Professional Employer
Organization Recognition and Registration Act or in the professional
employer agreement, in each coemployment relationship:
1. The client shall be entitled to exercise all rights, and
shall be obligated to perform all duties and responsibilities,
otherwise applicable to an employer in an employment relationship;
and
2. The PEO shall be entitled to exercise only those rights, and
obligated to perform only those duties and responsibilities,
specifically required by the Oklahoma Professional Employer
Organization Recognition and Registration Act or set forth in the
professional employer agreement. The rights, duties, and obligations
of the PEO as coemployer with respect to any covered employee shall
be limited to those arising pursuant to the professional employer
agreement and the Oklahoma Professional Employer Organization
Recognition and Registration Act during the term of coemployment by
the PEO of such covered employee.
C. Professional employer agreement requirements. Each
professional employer agreement shall include, at a minimum, the
following:
1. The PEO shall reserve a right of direction and control over
the covered employees; provided, that the client may retain the right
to exercise such direction and control over covered employees as is
necessary to conduct the client’s business, to discharge any
fiduciary responsibility which it may have, or to comply with any
applicable licensure requirements;
2. The PEO shall have responsibility to pay wages and salaries
to covered employees; to withhold, collect, report, and remit
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payroll-related and unemployment taxes; and, to the extent the PEO
has assumed responsibility in the professional employer agreement, to
make payments for employee benefits for covered employees;
3. Both the PEO and the client shall retain authority to hire,
terminate, and discipline the covered employees; and
4. The responsibility to obtain workers’ compensation coverage
for covered employees, from a carrier licensed to do business in this
state and otherwise in compliance with all applicable requirements,
shall be specifically allocated to either the client or the PEO. If
such responsibility is allocated to the PEO under any such agreement,
such agreement shall require that the PEO maintain and provide to the
client, at the termination of the agreement if requested by the
client, records regarding the premium and loss experience related to
workers’ compensation insurance provided to covered employees
pursuant to such agreement.
D. Notice to covered employees. With respect to each
professional employer agreement entered into by a PEO, such PEO shall
provide written notice to each covered employee affected by such
agreement of the general nature of the coemployment relationship
between and among the PEO, the client, and such covered employee.
E. Workers’ compensation. Both client and the PEO shall be
considered the employer for the purpose of coverage under the
Workers’ Compensation Act and both the PEO and its client shall be
entitled to protection of the exclusive remedy provision of the
Workers’ Compensation Act irrespective of which coemployer obtains
such workers’ compensation coverage.
F. Benefit plans.
1. A client and a PEO shall each be deemed an employer for
purposes of sponsoring retirement and welfare benefit plans for its
covered employees.
2. A welfare benefit plan offered to the covered employees of a
single PEO shall not be considered a multiple employer welfare
arrangement, or MEWA, as provided for in Section 633 of Title 36 of
the Oklahoma Statutes, and shall be exempt from the licensing
requirements contained in Section 634 of Title 36 of the Oklahoma
Statutes.
3. For purposes of the Small Employer Health Reform Act, a PEO
shall be considered the employer of all of its covered employees and
all covered employees of one or more clients participating in a
health benefit plan sponsored by a single PEO shall be considered
employees of the PEO.
4. If a PEO offers to its covered employees any health benefit
plan which is not fully insured by an authorized insurer, the plan
shall:
a. utilize a third-party administrator licensed to do
business in this state,
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b. hold all plan assets, including participant
contributions, in a trust account, and
c. provide sound reserves for such plan as determined
using generally accepted actuarial standards.
G. Limitations on liability. Except to the extent otherwise
provided in a professional employer agreement:
1. A PEO shall not be liable for the acts, errors, or omissions
of a client, or of any covered employee when such covered employee is
acting under the direction and control of a client;
2. A client shall not be liable for the acts, errors, or
omissions of a PEO, or of any covered employee of the client and a
PEO when such covered employee is acting under the direction and
control of the PEO;
3. Nothing in this subsection shall serve to limit any
contractual liability or obligation specifically provided in a
professional employer agreement, nor shall this subsection in any way
limit the liabilities and obligations of any PEO or client as defined
elsewhere in the Oklahoma Professional Employer Organization
Recognition and Registration Act; and
4. A covered employee is not, solely as the result of being a
covered employee of a PEO, an employee of the PEO for purposes of
general liability, insurance, fidelity bonds, surety bonds,
employer’s liability which is not covered by workers’ compensation,
or liquor liability insurance carried by the PEO unless the covered
employees are included by specific reference in the professional
employer agreement and applicable prearranged employment contract,
insurance contract, or bond.
H. Services not insurance. The sale of professional employer
services provided by PEOs registered under the Oklahoma Professional
Employer Organization Recognition and Registration Act shall not
constitute the sale of insurance for purposes of Oklahoma Insurance
Law.
I. Sales taxes. Covered employees whose services are subject to
sales tax shall be deemed the employees of the client for purposes of
collecting and levying sales tax on the services performed by the
covered employee.
Added by Laws 2002, c. 64, § 7, eff. Nov. 1, 2002.
§40-600.8. Unemployment compensation contributions.
A. For purposes of the Employment Security Act of 1980, covered
employees of a PEO are considered employees of the PEO during the
term of the applicable professional employer agreement.
B. The PEO shall report and pay all required contributions to
the unemployment compensation fund in accordance with the methods set
out in Section 2 of this act.
Added by Laws 2002, c. 64, § 8, eff. Nov. 1, 2002. Amended by Laws
2014, c. 221, § 3, eff. Nov. 1, 2014.
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§40-600.9. Refusal to register - Suspension or revocation of
registration.
The Insurance Commissioner may, after notice and opportunity for
hearing, refuse to register any person, suspend or revoke the
registration of any professional employer organization, or impose
administrative fines as provided for in the Oklahoma Professional
Employer Organization Recognition and Registration Act if the
Commissioner finds:
1. That the registrant or applicant has violated any of the
provisions of this section, rules lawfully promulgated by the
Commissioner, or the conditions of financial assurances required by
this act;
2. That the registrant or applicant has engaged in a fraudulent,
deceptive, or dishonest practice; or
3. For good and sufficient cause, that the registrant or
applicant is unfit to be a professional employer organization within
the meaning of this act or of any of the rules lawfully promulgated
by the Commissioner.
Added by Laws 2012, c. 238, § 2, eff. Nov. 1, 2012.
§40-701. Contract between minor and union.
A. Except as provided by subsection B of this section, any
contract or agreement between a minor and a union is not a valid
contract or agreement and shall be null and void for any purpose
including, but not limited to, official recognition by a union for
purposes of intent or interest by a minor to join, vote, or consent
to any action of the union.
B. Any contract or agreement between a minor and a union shall
be signed and adjoined by the parent or legal guardian of the minor.
The minor, or parent or legal guardian of the minor, shall have the
right to rescind the contract or agreement within ninety (90) days of
the date of the contract or agreement.
C. Any funds received by a union in an attempt to contractually
obligate a minor, without meeting the provisions set forth in
subsection B of this section, shall be fully refunded to the minor
within thirty (30) days after receipt of written notice from the
minor, or parent or legal guardian of the minor. If the full amount
of funds received by the union has not been refunded to the minor, or
parent or legal guardian of the minor within thirty (30) days, the
full amount of funds due shall double each successive thirty-day-
period until such refund is made in full to the minor, or parent or
legal guardian of the minor.
Laws 2011, c. 68, § 1, eff. Nov. 1, 2011.
§40-800. Occupational Licensing Review Act.
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This act shall be known and may be cited as the "Occupational
Licensing Review Act".
Added by Laws 2018, c. 242, § 1, eff. July 1, 2018.
§40-800.1. Occupational Licensing Advisory Commission – Membership.
There is hereby created the Occupational Licensing Advisory
Commission.
The Commission shall consist of twelve (12) members to be
appointed and serve as follows:
1. The Commissioner of Labor shall serve coterminous with his or
her office;
2. Two members of the House of Representatives shall be
appointed by the Majority Leader of the House of Representatives.
Each member shall serve an initial term of three (3) years;
3. One member of the House of Representatives shall be appointed
by the Minority Leader of the House of Representatives, who shall
serve an initial term of two (2) years;
4. Two members of the Senate shall be appointed by the Majority
Leader of the Senate. Each member shall serve an initial term of
three (3) years;
5. One member of the Senate shall be appointed by the Minority
Leader of the Senate, who shall serve an initial term of two (2)
years;
6. The Chief Information Officer of the Office of Management and
Enterprise Services shall serve coterminous with his or her position;
7. Three members shall be appointed by the Governor, who shall
represent an occupation or profession licensed in the state, and who
shall each serve an initial term of one year. One appointee shall be
a member of the medical community, which may include but is not
limited to a licensed physician, pharmacist or psychologist. One
appointee shall be a member of a trade profession, which may include
but is not limited to a licensed alarm or locksmith professional or
electrician. One appointee shall be a member of the business
community, which may include but is not limited to a licensed public
accountant or member of the real estate industry; and
8. One member shall be appointed by the Governor who shall
represent a not-for-profit organization that advocates for low-income
persons or disadvantaged persons and who shall serve an initial term
of one year.
The Commission shall be subject to the Oklahoma Open Meeting Act
and the Oklahoma Open Records Act.
During membership on the Commission, no appointed member shall
serve on any board, agency, committee or commission that regulates or
governs the occupation or profession such member is appointed to
represent.
Members shall serve staggered three-year terms, except for the
initial term of office. Upon the expiration of a member's term of
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office, such member may be reappointed. No member shall serve more
than two consecutive full three-year terms. Any member vacancy shall
be filled in the same manner by the appointing authority for the
unexpired term. A member may be removed by either the appointing
authority or a majority of the Commission members for failure to
attend meetings or for cause.
The Commissioner of Labor, or his or her designee, shall chair
each meeting. The Department of Labor shall provide staff and
administrative support to the Commission.
Seven members shall constitute a quorum for purposes of
conducting the business of the Commission. Meetings shall be called
by the chair and may be held by electronic media or in any location
deemed appropriate by the chair.
The purpose of the Commission is to conduct a review of each
occupational or professional licensing act in this state not less
than once every four (4) years and make recommendations to the
Legislature. The first meeting of the Commission shall be held
before September 30, 2018, to develop a four-year schedule showing
when each licensing act will be reviewed. Any new licensing act or
new category of license enacted by the Legislature for regulation by
an existing licensing board, agency or commission shall be added to
the four-year schedule and shall be initially reviewed within ninety
(90) days of enactment.
Annually the Commission shall hold at least one public meeting to
present its findings on any occupational or professional license it
has reviewed. At the public meeting, the Commission shall allow
public comments, make recommendations, and may vote whether to
recommend to the Legislature that such license be maintained,
modified, or repealed. The results of any public meeting held for
the purpose of making legislative recommendations shall be provided
in a written report to the Governor, President Pro Tempore of the
Senate, and the Speaker of the House of Representatives prior to the
legislative deadline set for requesting legislation for the upcoming
legislative session. The report shall be made available on the
Department of Labor's website for public inspection.
Added by Laws 2018, c. 242, § 2, eff. July 1, 2018.
§40-801. See the following versions:
OS 40-801v1 (SB 195, Laws 2015, c. 45, § 1, effective until Nov.
1, 2020).
OS 40-801v2 (HB 1198, Laws 2017, c. 229, § 7, effective Nov. 1,
2020).
§40-801v1. Voluntary Veterans' Preference Employment Policy Act.
THIS TEXT EFFECTIVE UNTIL NOV. 1, 2020. FOR TEXT EFFECTIVE BEGINNING
NOV. 1, 2020, SEE OS 40-801v2.
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A. This section shall be known and may be cited as the
"Voluntary Veterans' Preference Employment Policy Act".
B. As used in this section:
1. "DD 214" means United States Department of Defense Form 214
or a similarly effective form issued by the Department relating to
separation from military service;
2. "Private employer" means a business entity in the private
sector of this state with one or more employees;
3. "Veteran" means a person who served on active duty in the
Armed Forces of the United States who was discharged or released with
an honorable discharge; and
4. "Veterans' preference employment policy" means a private
employer's voluntary preference for hiring, promoting or retaining a
veteran over another qualified applicant or employee.
C. A private employer may have a voluntary veterans' preference
employment policy. The policy:
1. Shall be in writing; and
2. Shall be applied uniformly to employment decisions regarding
hiring, promotion or retention during a reduction in force.
D. An employer may require that a veteran submit a DD 214 to a
private employer with a veterans' preference employment policy to be
eligible for the preference.
E. The granting of a veterans' preference pursuant to the
provisions of this section shall not be deemed to violate any local
or state equal employment opportunity law or regulation.
F. The Department of Veterans Affairs shall assist any private
employer in determining if an applicant is a veteran to the extent
permitted by law.
Added by Laws 2015, c. 45, § 1, eff. Nov. 1, 2015.
§40-801v2. Voluntary Veterans' Preference Employment Policy Act.
THIS TEXT EFFECTIVE BEGINNING NOV. 1, 2020. FOR TEXT EFFECTIVE UNTIL
NOV. 1, 2020, SEE OS 40-801v1.
A. This section shall be known and may be cited as the
"Voluntary Veterans' Preference Employment Policy Act".
B. As used in this section:
1. "DD 214" means United States Department of Defense Form 214
or a similarly effective form issued by the Department relating to
separation from military service;
2. "Private employer" means a business entity in the private
sector of this state with one or more employees;
3. "Veteran" means a person who served on active duty in the
Armed Forces of the United States who was discharged or released with
an honorable discharge and registered with the veterans registry
created by the Oklahoma Department of Veterans Affairs; and
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4. "Veterans' preference employment policy" means a private
employer's voluntary preference for hiring, promoting or retaining a
veteran over another qualified applicant or employee.
C. A private employer may have a voluntary veterans' preference
employment policy. The policy:
1. Shall be in writing; and
2. Shall be applied uniformly to employment decisions regarding
hiring, promotion or retention during a reduction in force.
D. An employer may require that a veteran submit a DD 214 to a
private employer with a veterans' preference employment policy to be
eligible for the preference.
E. The granting of a veterans' preference pursuant to the
provisions of this section shall not be deemed to violate any local
or state equal employment opportunity law or regulation.
F. The Department of Veterans Affairs shall assist any private
employer in determining if an applicant is a veteran to the extent
permitted by law.
Added by Laws 2015, c. 45, § 1, eff. Nov. 1, 2015. Amended by Laws
2017, c. 229, § 7, eff. Nov. 1, 2020.
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