SECTION 5:11-7-1. Application for permit to develop abstract plant

(a)   Form. The application shall be on a form prescribed by the Board.

(b)   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:

(1)   notify the court clerk, the county clerk, and all holders of a certificate of authority in the county wherein such business is to be conducted; and

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

(c)   Comment period. Any person desiring to provide information pertaining to the application shall submit the information in writing to the Board within twenty (20) days of the notice provided for in subsection (b) of this section. Additional information may be received upon approval of the Board or the Chairman. Comments shall include specific facts and specific legal authority, if known, supporting the request for approval or disapproval of the application.

(d)   Board action on application. The application for a permit to develop an abstract plant shall be considered by the Board at the next meeting after completion of the review provided for in subparagraph (b) 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;

(iii)   adequacy of county records bond

(iv)   the name of the company should not be deceptively similar to other certificate of authority or permit holders; and

(v)   the applicant must show an actual physical presence in the county.

(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.

[Source: Added as 5:10-7-1 at 26 Ok Reg 163, eff 10-17-08 (emergency); Added at 26 Ok Reg 1797, eff 7-15-09; Amended at 28 Ok Reg 1106, eff 7-1-11]