SECTION 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.

[Source: Transferred from OAC 710:60-4-5 by SB 141 (2004), eff 7-1-04 (Editor’s Notice published at 21 Ok Reg 2927); Amended at 23 Ok Reg 2325, eff 7-1-06; Amended at 24 Ok Reg 1814, eff 7-1-07; Amended at 25 Ok Reg 1546, eff 7-1-08]