SECTION 710:50-11-11. Notification after final determination at hearing

(a)   Upon final determination at a hearing, as provided for in 710:50-11-10, of the amount of the debt, unpaid fines and cost, or final judgment, or upon failure of the debtor or taxpayer against whom no debt, no unpaid fines and cost, or final judgment is claimed to request such a hearing, the qualified entity shall apply the amount of the claim to the debt owed. Any amounts held by the qualified entity in excess of the final determination of the debt and collection expense must be refunded by the qualified entity to the taxpayer. However, if the tax refund due is inadequate to pay the collection expense and debt, unpaid fines and cost, or final judgment, the balance due the qualified entity shall be a continuing debt or final judgment until paid in full.

(b)   Upon receipt of a claim as provided in OAC 710:50-11-6 the Tax Commission shall:

(1)   Deduct from the refund five percent (5%) of the gross proceeds owed to the qualified entity and distribute it by retaining two percent (2%) and transferring three percent (3%) to the qualified entity as an expense of collection. The two percent (2%) retained by the Tax Commission shall be deposited in the Tax Commission Fund;

(2)   Transfer the amount of the claimed debt, unpaid fines and cost, or final judgment or so much thereof as is available to the qualified entity;

(3)   Notify the debtor in writing as to how the refund was applied; and,

(4)   Refund to the debtor any balance remaining after deducting the collection expense and debt, unpaid fines and cost, or final judgment. [See: 68 O.S. § 205.2(D) and (E)]

[Source: Added at 22 Ok Reg 1532, eff 6-11-05; Amended at 28 Ok Reg 935, eff 6-1-11; Amended at 30 Ok Reg 1855, eff 7-11-13; Amended at 33 Ok Reg 1068, eff 8-25-16]