SECTION 710:60-9-134. Motor license agency location, staffing, equipment, office space, parking, and hours

(a)   The location of the applicant's agency shall not be within a three (3) mile radius of an existing agency unless the applicant assumes the location of an existing agency. If the applicant assumes the location of an existing agency, the current agent may submit a letter of resignation contingent upon the appointment of the applicant regardless of the population of the municipality in which the agency is located. The Oklahoma Tax Commission may, at its discretion, approve the relocation of an existing agency within a three (3) mile radius of another existing agency only if a naturally intervening geographic barrier within that radius causes the locations to be separated by not less than three (3) miles of roadway by the most direct route.

(b)   No motor license agent shall select a location owned by a member of the Oklahoma Tax Commission or an employee of the Oklahoma Tax Commission or to any person related to a member of the Oklahoma Tax Commission or an employee of the Oklahoma Tax Commission within the third degree of consanguinity (by blood relation) or affinity (by marriage).

(c)   The number of agency employees is to be determined by the motor license agent subject to the Oklahoma Tax Commission's approval.

(d)   The motor license agent shall maintain adequate equipment to accommodate the employees of the agency and sufficient seating arrangements for the taxpayers as determined by the Oklahoma Tax Commission.

(e)   The Oklahoma Tax Commission shall determine the amount of office space the motor license agent shall maintain to provide a working area for the employees which is separate from the waiting area of the public. However, the amount of such office space shall not be less than Eight Hundred (800) square feet.

(f)   The Oklahoma Tax Commission shall determine the amount of public parking the motor license agent shall maintain. However, the number of parking spaces shall not be less than five (5) with at least one (1) space reserved for disabled persons. It shall be the responsibility of the motor license agent to ensure compliance with all applicable local and ADA (Americans with Disabilities Act) parking and customer access requirements.

(g)   In addition to the payment of costs required by OAC 710:60-9-131(f) for new agents, existing motor license agents shall be responsible for all costs incurred by the Tax Commission when relocating an existing agency. Such payment may be waived by the Tax Commission in case of emergency or unforeseen business conditions beyond the control of the agent.

(h)   The motor license agent shall provide and maintain, within the agency, a personal computer with internet access for use during normal business hours. The personal computer equipment provided by the motor license agent must satisfy the technical requirements established for such equipment by the Commission. Should those technical requirements change, it shall be the responsibility of the motor license agent to upgrade or replace their personal computer equipment as necessary to remain in continuous compliance.

[Source: Amended at 22 Ok Reg 1549, eff 6-11-05; Amended at 26 Ok Reg 2344, eff 6-25-09; Amended at 27 Ok Reg 127, eff 10-1-09 (emergency); Amended at 27 Ok Reg 2293, eff 7-11-10; Amended at 36 Ok Reg 1227, eff 8-11-19; Amended at 37 Ok Reg 2233, eff 9-11-20]