SECTION 165:35-19-32. Penalty or charge for late payment of bills and dishonored negotiable instruments


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  • (a)   Meters read by the utility. A utility may make a penalty charge in an amount not to exceed one and one-half percent (1.1/2%) for delay in receipt of payment by the utility past the due date of the bill. The due date shall be stated on the face of the bill and shall not be earlier than ten (10) days after the bill is mailed or provided by electronic notification to customers who make an affirmative election to receive electronic notification of such information, except that for residential consumers it shall not be earlier than twenty (20) days after the bill is mailed or provided electronically to consenting consumers.
    (b)   Late payment penalty. A utility shall clearly state upon the face of its bills the amount of any late payment penalty, and the date on or before which payment must be received in order to avoid paying the late payment penalty. In its billing, the utility shall not use the term "prompt payment discount" or other words of similar import which suggest that the consumer will receive a discount or reduction of charges for electric service for payment prior to a certain date. The late payment penalty may be applied to any unpaid balance due at each monthly billing period.
    (c)   Meters read by the consumer. A utility which allows its consumers to read their own meters may make a late payment charge on past due bills, not to exceed one and one-half percent (1.1/2%) of the amount due per billing period and, in such event, the due date stated on the bill shall not be earlier than twenty (20) days after the bill is mailed or provided by electronic notification to customers who make an affirmative election to receive electronic notification of such information.
    (d)   Payment acceptance. The utility shall not refuse to accept payment by check from any consumer unless the utility has, within the preceding twelve (12) months, received as tendered payment of the consumer's account two (2) or more negotiable instruments which were dishonored by the financial institution on which they were drawn. The utility may make a charge outlined in its tariffs for negotiable instruments which are dishonored.
[Source: Amended at 10 Ok Reg 2633, eff 6-25-93; Amended at 16 Ok Reg 2237, eff 7-1-99; Amended at 31 Ok Reg 1030, eff 9-12-14]