Okla. Admin. Code § 325:35-1-10.1 - Filing and processing of financial responsibility complaints
(a) Any creditor
filing a financial responsibility complaint against an occupation licensee for
alleged failure to pay any monies owed in excess of $100.00 for any service or
supplies connected with such licensee's operation within an enclosure of a
racetrack licensed by the Commission must file such complaint on a form
prescribed by the Commission, and
(1) a
verified statement and documentation of the services or supplies provided and
the fees alleged to be due, or
(2)
a judgment from a court of competent jurisdiction.
(b) Such complaints, with the required
verification, shall be filed with the Board of Stewards at a
Commission-licensed racetrack where the goods or services were performed or
delivered. When either party to such a complaint seeks the issuance of a
subpoena, a request for the issuance of a subpoena shall be filed with the
Board of Stewards, and any member of the Board of Stewards shall be empowered
to issue the requested subpoena. It shall be the responsibility of the person
requesting the subpoena to serve the subpoena. When such service is to be
accomplished by mail, it shall be sent by way of certified mail, return receipt
requested, and the return receipt shall be addressed to the issuing Board of
Stewards.
(c) The party filing the
complaint shall pay the cost of service of the summons at the time of the
filing of the financial responsibility complaint if the summons is to be served
by certified mail, return receipt requested. If the complaining party chooses
to have the summons served by a private process server, both the cost of the
service and arrangements for the service shall be the responsibility of the
complaining party. A return of service shall be filed with the Board of
Stewards prior to the commencement of a hearing.
(d) Financial responsibility complaints that
are not in excess of $100.00 shall not be accepted by the Board of
Stewards.
Notes
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