Oklahoma § 17-345 - Authority to promulgate tests, standards, specifications

§ 17-345. Authority to promulgate tests, standards, specifications

and rules – Voluntary calibration program.

A. The Corporation Commission is hereby authorized and directed

to promulgate such tests, standards, specifications and rules

necessary to carry out the provisions of this act and to ensure that

all measuring devices shall be of the highest degree of accuracy

reasonably consistent with the nature of the substance measured, and

for such purpose the Commission shall have authority to prescribe

such maximum limits of allowable error for such measuring devices as

the Commission deems necessary to prevent fraud resulting from

inaccurate measurement.

B. The Commission is authorized to promulgate rules as

necessary to establish a voluntary calibration program for tanks and

containers used in this state to transport motor fuel, diesel fuel

or blending material; provided, however, this shall not include the

fuel supply tanks of a motor vehicle. The Commission is further

authorized to establish a fee not to exceed Fifty Dollars ($50.00)

for the calibration of these tanks and containers. The fees are to

cover the costs necessary for the enforcement of this act.

C. Any tank or container calibrated by the manufacturer,

officials of another state, the Tax Commission or the Corporation

Commission shall not be subject to further calibration testing by

the Commission unless the physical shape or size of the tank or

container has been altered by accident or design. A Certificate of

Measurement shall be issued by the Commission for tanks and

containers which are calibrated by the manufacturer, another state

or the Commission. Nothing herein shall prohibit the Commission

from ordering the mandatory calibration testing of any tank,

container or metering device which the Commission has good reason to

believe is inaccurate and is being utilized to defraud any person,

firm or corporation.

D. Fees collected under the provisions of this act shall be

deposited in the State Treasury to the credit of the Corporation

Commission Revolving Fund.

Added by Laws 2018, c. 27, § 40, eff. Nov. 1, 2018.