SECTION 165:75-3-5. Dormant gins

(a)   No corporation, company, firm, or individual in this State shall allow a cotton gin utility to remain dormant during any ginning season without first obtaining written permission and authority from this Commission. Written permission and authority may be granted by the Director of the Public Utility Division, without notice and hearing, if there have been no objections or protests submitted. In the event that a written protest or objection is received by the Director of the Public Utility Division, a hearing before an Administrative Law Judge will be scheduled, and notice of the hearing will be issued by the Public Utility Division. A new request must be made each year.

(b)   Any individual or entity seeking authority to allow a gin to remain dormant must show the following primary factors:

(1)   Name of gin, location, and license number;

(2)   Owner of gin;

(3)   Each cotton gin together with name and address of owner within a thirty (30) mile radius;

(4)   A statement of reasons for making application to remain dormant;

(5)   Name and address of ten (10) cotton farmers now patronizing gin; and

(6)   Convenience and necessity does not require operation of gin during coming season.

(c)   Such request shall be made by certified mail on or before August 1 each year and shall be accompanied by an affidavit attesting to the six (6) primary factors listed above.

[Source: Amended at 18 Ok Reg 2455, eff 7-1-01; Amended at 20 Ok Reg 2332, eff 7-15-03]