SECTION 165:75-3-6. Dismantled gins

(a)   No corporation, company, firm, or individual in this State shall be permitted to dismantle a cotton gin now licensed to operate without 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 written 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.

(b)   Any individual or entity seeking authority to dismantle a gin shall show the following primary factors:

(1)   Name and location of gin;

(2)   Owner of gin;

(3)   Name and address of owner of each cotton gin within thirty (30) mile radius of applicant's gin;

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

(5)   Convenience and necessity no longer requires the gin at its present location.

(c)   Such request shall be made by certified mail and shall be accompanied by an affidavit attesting to the five (5) 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]