SECTION 375:9-1-2.1. Payment in arrears for criminal history checks

(a)   Who may request payment in arrears. Public schools, government agencies, corporations or other commercial entities who anticipate making frequent voluminous requests for criminal history records may make application to the OSBI for the privilege of making payment in arrears for this service. Such applications must include the following information:

(1)   Name, business address, and service agent of entity making application, and a current credit report.

(2)   The minimum number of monthly requests to be 50.

(3)   In the case of corporations, certification from the Oklahoma Secretary of State that corporate taxes are paid in full and that the corporation is licensed to do business in the State of Oklahoma.

(4)   To qualify for establishing an account, the customer must demonstrate their need through three months of 50 or more requests.

(b)   Payment in arrears procedures.

(1)   Once the OSBI has agreed to accept payment in arrears, the applicant must advise the OSBI in writing of any changes which affect the application information.

(2)   Payments in arrears may be made by cashiers check, or drawn upon an account of a bank or savings and loan. Checks should be made payable to the OSBI. Payments must be made within (30) thirty days of the date of billing invoice.

(3)   The OSBI may bill in arrears certain customers who submit fifty or more subject names per month. The OSBI may discontinue billing in arrears those customers who fail to submit fifty or more subjects per month for two consecutive months. Customers who are removed from billing will not be added back as a billing customer; and if so, can only be re-instated with a letter of explanation on how the previous problem had been corrected and a statement that the customer acknowledges that future billing will result in cancellation of the privilege with no possibility of re-instatement. The requirement of fifty or more subjects per month does not apply to public schools and state agencies. These entities may apply to the OSBI for billing arrears as outlined in (a) of this section. The OSBI Director shall determine on a case by case basis which public schools and state agencies are to be billed in arrears.

(4)   The OSBI may discontinue billing in arrears those customers whose account is more than (30) thirty days delinquent from the date the invoice was printed. Such customers must repay for any requests made after notification in writing of the discontinuation of their billing accounts. Notification will be made by certified mail.

(5)   Request forms that are faxed by billing customers shall not include more than ten names. Customers will be billed for duplicate names and duplicates faxes.

(6)   Request forms must be typed or the information legibly printed by the requestor. Handwritten requests which are not easily read will be returned unprocessed.

(7)   The minimum monthly requirement must be maintained on an ongoing basis or the billing privilege will be revoked (occasional volume less than the minimum monthly requirement will be allowed provided it does not exceed three months in a twelve month period.) Re-instatement will only be allowed upon written explanation of the change in business that will result in maintaining the minimum monthly requirement; failure to maintain the level for more than three months in a twelve month period will result in permanent cancellation of the account privileges.

[Source: Added at 10 Ok Reg 4793, eff 9-17-93 (emergency); Added at 11 Ok Reg 3323, eff 6-27-94; Amended at 16 Ok Reg 3323, eff 7-26-99]