SECTION 155:45-5-6. Commission action on claims  

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  • (a)   Upon receipt of a claim the Commission shall investigate and verify the claim using protocols established by or approved by the Commission and issue a determination in writing of the losses eligible for payment under the Fund within ninety (90) calendar days. If more time is needed to make a determination then the Commission shall notify a claimant of the need and indicate in writing the new estimated date for determination of the claim.
    (b)   The Commission shall pay from the Fund all persons suffering eligible losses as soon as practicable and not later than one (1) year following the date that the claim was filed.
    (c)   The price of losses per acre of land shall be established on the day of the loss and shall be for the full market value on that day.
    (d)   If there is an insufficient amount of funds in the Fund to cover all claims for a certain year, payments shall be made on a pro rata basis up to one hundred percent (100%) of the total loss to each person.
    (1)   If payment is not received in the amount of one hundred percent (100%) of total loss for a certain year, then additional amounts shall be paid as funds become available in succeeding years until repayment of one hundred percent (100%) of total loss is attained.
    (2)   If, at any time, a person receives payment totaling more than one hundred percent (100%) of total loss, the excess payment shall be returned to the Fund within thirty (30) days.
    (3)   Upon final payment of a claim from the Fund, the person receiving the payment shall subrogate the interest to the Conservation Commission in a cause of action against any and all parties, to the amount of loss that the person was reimbursed by the Fund.
    (e)   The Commission shall establish protocols and procedures for the issuance of payments from the Fund to person's suffering eligible and verified losses.
[Source: Added at 27 Ok Reg 2483, eff 8-2-10]