Okla. Admin. Code § 165:30-19-5 - Established place of business
(a)
General provisions. To
verify an applicant's or registrant's established place of business in
Oklahoma, the applicant or registrant must provide proof of a physical
structure, designated by a street number or road location and open during
regular business hours, which contains within it:
(1) A person or persons conducting the fleet
applicant's or registrant's business; and
(2) The operational records of the fleet,
unless such records can be made available in accordance with the provisions of
Section 1602 of the International Registration Plan.
(b)
Specific compliance
provision (IRP Decis. 99-4). An "established place of business" as
utilized in these rules and in Section 305 of the International Registration
Plan cannot be provided for the applicant or registrant by or in the form of a
registration agent or other third party.
(c)
Physical structure. A
physical structure, owned, leased, or rented by the applicant or registrant,
wherein operational records of the fleet can be made available for audit
purposes, must be evidenced by:
(1) A current
real estate tax bill;
(2)
Photocopies of rent receipts or mortgage payments which indicate the business
address;
(3) A current real estate
rental contract and an original power of attorney conforming with Section
20
of Title 16 of the Oklahoma Statutes, if the contract is signed by someone
other than the applicant or registrant; or,
(4) Proof of insurance coverage.
(d)
Person or persons
conducting applicant's or registrant's business. The person conducting
the trucking-related business of the applicant or registrant must be in the
permanent employment of the applicant or registrant, as evidenced by submission
of the applicant's or registrant's federal employer's identification or other
identification number and verification by the Commission that the applicant or
registrant is an employer for the purposes of Oklahoma Withholding.
(e)
Specific compliance
provision (IRP Decis. 99-4). An applicant or registrant may not utilize
a registration agent or its employees to satisfy the requirement of the
presence of a person or persons in this state conducting the applicant's or
registrant's business.
(f)
Use of registration agent. Nothing in this Section shall be
construed as prohibiting a registration agent from preparing or filing
proportional registration applications or other documents for an applicant or
registrant who meets the requirements set forth in this Section.
(g)
Resubmission of
documentation. Registrants with accounts in good standing may not be
required to resubmit the established place of business indicia each year,
provided that the established place of business remains unchanged since
previously documented to the satisfaction of the Commission. To avail itself of
this provision, the registrant must certify to the Commission under penalties
of perjury that the registrants' established place of business has not changed.
Nothing herein shall prevent the Commission from periodically requiring
registrants to re-submit documentation of their established place of business.
Registrants will periodically be required to resubmit established place of
business documentation in accordance with the schedule established by the
Commission.
(h)
False or
fraudulent submission. Applicants who knowingly provide false or
fraudulent information or abuse the provisions of
165:30-19-3 shall
have their registration credentials immediately revoked and will be denied
further application.
Notes
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