SECTION 165:30-26-12. Nonconsensual towing rate complaint resolution and contesting a Violation Notification.

(a)   Nonconsensual towing rate complaint resolution is not achieved until either a written determination is issued or the Violation Notification process, initiated by a Notice of Probable Violation (NOPV) letter, is closed by the Transportation Division.

(b)   If the complaint investigation results in a NOPV requiring restitution and/or a penalty, or other action is necessary, the disallowed amount must be remitted within twenty (20) calendar days of the NOPV to avoid enforcement action against the wrecker or towing service. The NOPV shall specify each charge that was in violation of the Commission's rate order(s) and will list a member of Transportation Division staff as a point of contact. Restitution payments must be remitted to the person taking responsibility for the tow bill, whereas, penalties assessed must be remitted to the Commission along with a copy of the written determination.

(c)   Any individual or entity that wishes to contest the NOPV must do so within twenty (20) calendar days of the date of mailing, by regular mail, of the NOPV by filing a Transportation Docket (TD) cause application conforming to Commission rules found in Subchapter 7 of this Chapter and the Commission's Rules of Practice (OAC 165:5). In the event the expiration of the twenty (20) days falls on a weekend or holiday for which the Commission is not open for regular business, the application may be filed the following business day the Commission is open to be considered timely filed.

[Source: Added at 30 Ok Reg 1042, eff 7-1-13; Amended at 36 Ok Reg 602, eff 8-1-19]