SECTION 5:11-11-2. Application for temporary certificate of authority

(a)   Forms. The application shall be on a form prescribed by the Board. Such application shall include the applicants proposed list of abstract fees.

(b)   Fee. There shall be no fee for the application for temporary certificate of authority.

(c)   Bonds required for temporary certificate of authority. Each application for a temporary certificate of authority shall be accompanied by a county records bond and errors and omissions bond or insurance as provided for in 5:11-3-3 of these Rules covering the county clerk and abstract business in the county for which the application is sought. Such bonds shall be provided at the time of the application for temporary certificate of authority or within two (2) business days after approval by the Board.

(d)   Business Plan. A written and detailed plan for the conduct of abstract business in the county shall accompany the application for temporary certificate of authority.

(e)   Notice and Board action.

(1)   Notice and review. The chairman or designee shall review the application for compliance with applicable laws and rules. Additional information from the applicant or other persons may be requested by the reviewer as deemed appropriate. Within ten (10) days of receipt of the application, the Board shall:

(A)   notify the court clerk, the county clerk, and all holders of a certificate of authority in the county wherein such temporary certificate of authority has been requested; and

(B)   post notice of the receipt of the application for a temporary certificate of authority on the official website of the Board and provide an address where written information relative to the application can be sent.

(2)   Comment period. The chairman or designee may establish a comment period pertaining to the application and shall submit the information as deemed appropriate in the circumstances. If a comment period is authorized, then any person desiring to provide information pertaining to the application may do so, in writing, pursuant to the comment period procedure authorized. Comments shall include specific facts and specific legal authority, if known, supporting the request for approval or disapproval of the application.

(f)   Board action on application. The application for a temporary certificate of authority shall be considered by the Board at the next meeting after completion of the review provided for in subparagraph (e) of this section.

(1)   In the event an adverse comment is filed, the applicant and any person providing adverse comments shall be notified of the receipt of the adverse comment not more than ten (10) days from the date of receipt of such comment. Notice of the date, time, and place of the meeting at which the application and information will be considered by the Board shall be provided to all interested parties not less than ten (10) days before the date of the meeting at which the application will be considered is to be held.

(2)   Presentation before the Board.

(A)   At the meeting where the application is being considered the applicant shall be limited to thirty (30) minutes to present information in support of the application. All persons wanting to provide adverse comments regarding the application collectively shall be limited to thirty (30) minutes to present adverse comment or information. Additional time may be granted by the chairman upon good cause shown.

(B)   The order of presentation of information regarding the application and opposition shall be established by the chairman.

(3)   Criteria.

(A)   The Board shall consider the following factors in arriving at its decision:

(i)   compliance with the Act and Rules;

(ii)   payment of applicable fees; and

(iii)   adequacy of county records bond and errors and omissions bonds or insurance.

(B)   The Board may consider other factors deemed relevant to the consideration of the application including additional information not obtained during the review.

(4)   Decision of the Board. After consideration and action by the board on an application, the chairman shall issue an order reflecting the decision of the Board. A copy of the order shall be mailed to the applicant and any person submitting adverse comments.

(g)   Declaration of Emergency. The Chairman may convene a special or emergency meeting of the Board pursuant to the Administrative Procedures Act of the Oklahoma Statutes to summarily take action involving the holder of a certificate of authority where the protection of the public requires emergency action. A written statement of the allegations constituting the emergency shall be provided to the Board members as soon as practicable before the hearing. Notice of the hearing and the written statement of allegations constituting the emergency shall be provided to the subject holder of the certificate of authority as soon as practicable before any emergency hearing of the Board. The Board may determine that an emergency exists for the immediate issuance of a temporary certificate of authority, including but not limited to the suspension of the subject certificate of authority and approval of an application for temporary certificate of authority, pending proceedings for suspension or other appropriate action pursuant to these rules.

[Source: Added at 28 Ok Reg 1106, eff 7-1-11]