SECTION 420:10-1-9. Issuing of certificates of permits

  When an applicant for a permit has passed the written examination, when required, and has satisfied the Board as to all of the legal requirements including insurance, the Board shall issue the license sought upon the following terms and conditions:

(1)   Compliance. The holder of the permit shall bind himself to comply with all of the laws, rules and regulations applicable to the business and to the permit which he has sought. Class I applicants shall attend an orientation with the Administrator prior to receiving their permit. After one year of business a Class I holder may be required to meet with the Board at the next regular Board meeting to review safety records and history. If not in compliance a 90 day show-cause hearing will be called to possibly revoke the permit. The burden of proof within the 90 days is placed on the permit holder. Permits issued under the act and the rules of this chapter shall be personal to the holder thereof and shall only be used and the rights thereunder authorized exercised by him and his duly qualified employees. No holder of a permit issued under the statutes and these rules shall lease, sub-let or permit in any manner the use of said permit or the performance of acts authorized thereunder by any person, other than duly qualified, bona fide employees of the holder of such permit, except as specifically provided in this chapter.

(2)   Record keeping. Permit holders shall furnish a designated place or places at which all the books and records of the holder of the license shall be kept, including the records of any persons, firms or corporations who act in the name, place and stead of the permit holder in any manner. These records shall be open to inspection at all reasonable business hours by the Administrator or any other employee of the Board and a failure of the holder of the license, or employees, to permit such examination of the books and records shall be cause for suspension or revocation of the license under which such person, firm, or corporation might be operating.

(3)   Branches. Prior to renewal of any Class I permit, the holder shall provide the Administration a complete list of branches of operations, dispensers, and a list of the Class IV, IV-D, VI and X permit holders for each location, as a part of his renewal application.

(4)   School attendance. The Class I permit holder must indicate if all personnel have attended the mandatory schools as required by the rules and regulations. Failure to list all employees or fulfill the school attendance requirements of these rules and regulations shall be a cause for suspension or revocation of the license under which such person, firm or corporation might be operating.

(5)   Manager termination.

(A)   When a Class X Manager quits or is otherwise relieved of his duties and his permit is canceled as per 420:10-1-13(c), it shall be the duty of the Class I dealer to immediately notify the Administrator. The Administrator shall authorize interim continuance of an operation where no undue hazard would result, such authorized interim continuance may be granted for a period not to exceed 120 days. During such interim, it shall be the duty of the Class I permit holder to acquire the services of a qualified manager.

(B)   No further continuances beyond 120 days shall be granted without review and approval of the Board, and can in no event be extended more than an additional three months.

(6)   Exceptions. Except as enumerated in (6) of this subsection and 420:10-1-10 no operation shall be allowed to operate unless a Class I dealer and a Class X Manager acting for the Class I holder is in charge; provided however the Board may extend the time in a situation of extreme hardship in the nature of physical or mental disability or when the convenience and necessity of the public demands, to be determined by the Board after application and hearing.

(7)   Class I and Class X permit issuance. When a corporation, partnership, association or other non-personal entity seeking a Class I permit has satisfied all legal requirements, the Board shall issue a Class I permit to the non-personal entity, and a Class X permit to the individual designated by the non-personal entity, that submitted himself for the examination.

[Source: Amended at 10 Ok Reg 4081, eff 7-26-93; Amended at 11 Ok Reg 3853, eff 7-11-94; Amended at 16 Ok Reg 3336, eff 7-26-99; Amended at 18 Ok Reg 3087, eff 7-12-01; Amended at 36 Ok Reg 1483, eff 8-25-19]

Note

EDITOR’S NOTE: The agency published an Agency Note at 10 Ok Reg 4086 to identify language in this 7-26-93 action that was not consistent with the controlling statute.