Oklahoma § 40-3 - Obstructing work of labor officials

Full text of Oklahoma Oklahoma Statutes § 40-3 — Obstructing work of labor officials, with citation guidance and answers to common questions.

§ 40-3. Obstructing work of labor officials

No person shall interfere with, obstruct or hinder by force or

otherwise the Commissioner of Labor, his deputies, assistants, or

special agents, or factory inspectors while in the performance of

their duties, or refuse to properly answer questions asked by such

officers pertaining to the laws over which he has supervision under

the provisions of this act, or refuse them admittance to any place

where and when labor is being performed which is affected by the

provisions of this act.

Laws 1910-11, c. 128, p. 283, § 3.

Oklahoma Statutes - Title 40. Labor

§40-3-101. Applicability.

APPLICABILITY.

(1) The provisions of this Article 3 apply to the payment of

contributions by employers.

(2) The provisions of this Part 1 apply to employers other than

employers who are subject to Part 7, or employers who have elected

to reimburse under Part 8 of this article, or employers who have

elected to reimburse under paragraph 2 of subsection E of Section 1108 of this title.

Added by Laws 1980, c. 323, § 3-101, eff. July 1, 1980.

Amended by

Laws 2006, c. 176, § 11, eff. July 1, 2006.

§40-3-102. Contributions.

CONTRIBUTIONS.

A. Contributions shall accrue and become payable by each

employer for each calendar year in which the employer is subject to

the Employment Security Act of 1980, with respect to wages for

employment. Such contributions shall become due and be paid by each

employer to the Oklahoma Employment Security Commission for the

Unemployment Compensation Fund in accordance with such rules as the

Commission may prescribe, and shall not be deducted, in whole or in

part, from the wages of individuals in the employer's employ.

B. In the payment of any contributions, a fractional part of a

cent shall be disregarded unless it amounts to one-half cent

($0.005) or more, in which case it shall be increased to one cent

($0.01).

C. Each employer shall be notified of its contribution rate for

a given calendar year on or before September 30 of the previous

calendar year. The notice shall be mailed to the employer at the

employer's last-known address. If the employer has elected to be

notified by electronic means according to procedures set out in

Oklahoma Employment Security Commission rules, notice shall be

deemed to be given when the Commission transmits the notification by

electronic means. The employer shall file an appeal to the rate

notice within twenty (20) days after the mailing of the notice of

the contribution rate, or the date of transmission by electronic

means. Upon the filing of a timely appeal, the Commission shall

provide for a review and issue a determination to the employer. If

the employer does not file a timely appeal, the contribution rate of

the employer shall become conclusive and binding.

D. Within twenty (20) days after the date of mailing of the

notice of the determination, the employer may file with the

Commission at the address prescribed in the notice the employer's

specific written objections to the contribution rate so determined.

The matter will be heard upon those specific written objections by a

representative appointed by the Commission. The decision shall be

Oklahoma Statutes - Title 40. Labor

made in writing and notice shall be mailed to the employer. The

employer may appeal to the district court by filing a petition for

review with the clerk of that court within thirty (30) days after

the date of mailing stated upon the notice of decision.

Added by Laws 1980, c. 323, § 3-102, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 15, emerg. eff. June 25, 1981; Laws 1993, c.

219, § 12, eff. Sept. 1, 1993; Laws 1997, c. 30, § 12, eff. July 1,

1997; Laws 2006, c. 176, § 12, eff. July 1, 2006; Laws 2012, c. 196,

§ 7, emerg. eff. May 8, 2012; Laws 2019, c. 251, § 7, eff. July 1,

2019.

§40-3-103.

Repealed by Laws 2016, c. 287, § 13, eff. Nov. 1, 2016.

§40-3-104.

Repealed by Laws 2013, c. 71, § 14, eff. Nov. 1, 2013.

§40-3-105. Benefit wages - Quarter charged.

BENEFIT WAGES - QUARTER CHARGED.

When in any benefit year a claimant is paid benefits for his or

her fifth compensable week of unemployment or is paid benefits as

defined in paragraph 3 of Section 4-702 of this title, his or her

taxable wages during his or her base period shall be treated, for

the purpose of this part, as though they had been paid in the

calendar quarter in which the fifth compensable week of unemployment

benefits are paid.

Added by Laws 1980, c. 323, § 3-105, eff. July 1, 1980. Amended by

Laws 1983, c. 270, § 9, emerg. eff. June 23, 1983; Laws 1995, c.

340, § 13, eff. Jan. 1, 1996; Laws 2014, c. 220, § 9, eff. Nov. 1,

2014.

§40-3-106. Benefit wages charged and relief therefrom.

BENEFIT WAGES CHARGED AND RELIEF THEREFROM.

A. The Oklahoma Employment Security Commission shall give

notice to each base period employer after the claimant has been

issued his or her fifth week of benefits by the Commission or after

the Commission receives notice of the amounts paid as benefits by

another state under a reciprocal arrangement. This notice shall

give the name and Social Security number of the claimant, the date

the claim was filed, and the amount of benefit wages charged to the

employer in each quarter of the base period.

B. Within twenty (20) days from the date stated on the notice,

the employer may file an objection to being charged benefit wages as

set forth in subsection G of this section. The employer's written

objection must set forth specifically:

1. The date employment was terminated;

2. Specific details of the termination including the reason

given by the individual for voluntarily leaving the employment, or

the nature of the misconduct for discharge;

Oklahoma Statutes - Title 40. Labor

3. Specific details of the regular scheduled part-time or fulltime employment of the employee including the starting date, and

ending date if any, of the continuous period of employment; and

4. Other information as called for by the notice.

C. Upon receipt of the employer's objection, the Commission

shall make a determination and notify the employer as to whether or

not the employer is entitled to be relieved from benefit wage

charges. Additionally, the twenty-day time period for filing an

objection as provided for in subsection B of this section may be

waived for good cause shown.

D. Within twenty (20) days after the issuing of the

determination provided for in subsection C of this section, the

employer may file with the Assessment Board a protest to the

determination and request an oral hearing de novo to present

evidence in support of its protest. The Assessment Board shall

advise the employer of the date of the hearing, which shall not be

less than ten (10) days from the date of notice. At the discretion

of the Commission, this hearing shall be conducted by the Assessment

Board. After the hearing, the Assessment Board shall notify the

employer of its findings.

E. If any employer does not file a timely appeal of the

determination to the Assessment Board, the determination shall be

final.

F. The employer or the Commission may appeal the Assessment

Board's order of the Commission or its representative to the

district court by filing a petition for review with the district

court clerk within thirty (30) days after the date the order was

issued to all parties.

G. The benefit wages charged to an employer for a given

calendar year shall be the total of the benefit wages stated in the

notices given to the employer. Provided, that an employer shall be

relieved of a benefit wage charge if the employer proves to the

satisfaction of the Commission that the benefit wage charge includes

wages paid by the employer to any employee or former employee, who:

1. Voluntarily left employment without good cause connected to

the work;

2. Was discharged from employment for misconduct connected with

his or her work;

3. Was a regular scheduled employee of the separating employer

prior to the week the employee separated from other employment, and

continued to work for the employer through the fifth compensable

week of unemployment of the established benefit year;

4. Was separated from employment as a direct result of a major

natural disaster, declared as such by the President pursuant to the

Disaster Relief Act of 1974, P.L. 93-288, and such employee would

have been entitled to disaster unemployment assistance if he or she

had not received unemployment insurance benefits;

Oklahoma Statutes - Title 40. Labor

5. Was discharged by an employer for unsatisfactory performance

during an initial employment probationary period. As used in this

paragraph, "probationary period" means a period of time set forth in

an established probationary plan which applies to all employees or a

specific group of employees and does not exceed ninety (90) calendar

days from the first day a new employee begins work. The employee

must be informed of the probationary period within the first seven

(7) work days. There must be conclusive evidence to establish that

the individual was separated due to unsatisfactory work performance;

6. Left employment to attend training approved under the Trade

Act of 1974 and is allowed unemployment benefits pursuant to Section

2-416 of this title; or

7. Was separated from employment for compelling family

circumstances as defined in Section 2-210 of this title.

H. If an employer recalls an employee deemed unemployed as

defined by the Employment Security Act of 1980 and the employee

continues to be employed or the employee voluntarily terminates

employment or is discharged for misconduct within the benefit year,

the employer shall be entitled to have the benefit wage charged

against the employer's experience rating for the employee reduced by

the ratio of the number of weeks of remaining eligibility of the

employee to the total number of weeks of entitlement.

I. An employer shall not be assessed a benefit wage charge of a

laid-off employee if the employer lists as an objection in a

statement filed in accordance with subsection B of this section that

the employee collecting benefits was hired to replace a United

States serviceman or servicewoman called into active duty and laidoff upon the return to work by that serviceman or servicewoman. The

Unemployment Compensation Fund shall be charged with the benefit

wages of the laid-off employee.

J. If the Commission receives a notice of amounts paid as

benefits by another state under a reciprocal agreement, and the

notice is received after three (3) years from the effective date of

the underlying benefit claim, no benefit wage charge will be made

against the employer identified in the notice, or if a benefit wage

charge is made based on such a notice, the employer will be relieved

of the charge when the facts are brought to the attention of the

Commission.

K. An employer shall not be eligible to be relieved of a

benefit wage charge under paragraphs 1 and 2 of subsection G of this

section if the employer was sent a notice of benefit claim, pursuant

to Section 2-503 of this title, and failed to timely file protest to

the benefit claim.

Added by Laws 1980, c. 323, § 3-106, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 16, emerg. eff. June 25, 1981; Laws 1982, c.

150, § 1, emerg. eff. April 12, 1982; Laws 1983, c. 270, § 10,

emerg. eff. June 23, 1983; Laws 1990, c. 333, § 5, emerg. eff. May

Oklahoma Statutes - Title 40. Labor

31, 1990; Laws 1991, c. 120, § 1, emerg. eff. April 29, 1991; Laws

1991, c. 254, § 15, eff. July 1, 1991; Laws 1992, c. 318, § 3, eff.

July 1, 1992; Laws 1995, c. 340, § 14, eff. Jan. 1, 1996; Laws 1997,

c. 30, § 13, eff. July 1, 1997; Laws 1998, c. 161, § 10, eff. July

1, 1998; Laws 2002, c. 452, § 22, eff. Nov. 1, 2002; Laws 2003, c.

177, § 6, eff. Nov. 1, 2003; Laws 2004, c. 102, § 6, eff. Nov. 1,

2004; Laws 2005, c. 182, § 6, eff. Nov. 1, 2005; Laws 2006, c. 176,

§ 13, eff. July 1, 2006; Laws 2007, c. 354, § 7, eff. Nov. 1, 2007;

Laws 2009, c. 460, § 5, eff. Nov. 1, 2009; Laws 2011, c. 256, § 12;

Laws 2012, c. 196, § 8, emerg. eff. May 8, 2012; Laws 2015, c. 249,

§ 13, eff. Nov. 1, 2015; Laws 2019, c. 251, § 8, eff. July 1, 2019;

Laws 2022, c. 360, § 18, eff. Nov. 1, 2022.

§40-3-106.1. Relief from benefit wages charged - Addendum.

RELIEF FROM BENEFIT WAGES CHARGED - ADDENDUM.

A. For purposes of this section, "pandemic" means a health

state of emergency declared by the Governor.

B. The benefit wages charged to an employer for a given

calendar year shall be the total of the benefit wages stated in the

notices given to the employer by the Commission. Provided, an

employer's benefit wages shall not include wages paid by the

employer to any employee who was separated from employment as a

direct result of a natural disaster, pandemic, fire, flood or

explosion that causes employees to be separated from one employer's

employment.

Added by Laws 1995, c. 340, § 15, emerg. eff. June 9, 1995. Amended

by Laws 2021, c. 424, § 11, eff. Nov. 1, 2021.

§40-3-106.2. Separating employers - Relief from benefit wage

charges.

SEPARATING EMPLOYERS – RELIEF FROM BENEFIT WAGE CHARGES.

A separating employer will not be charged with benefit wages, or

will be relieved of the charge upon notification of the Oklahoma

Employment Security Commission, if the former employee who is the

subject of the charge was separated from employment under one of the

circumstances listed in subsection G of Section 3-106 of Title 40 of

the Oklahoma Statutes.

Added by Laws 2006, c. 176, § 14, eff. July 1, 2006.

§40-3-107. Benefit wage ratio.

BENEFIT WAGE RATIO.

The benefit wage ratio of each employer shall be a percentage

equal to the total of the employer's benefit wages in the experience

period divided by the employer's total taxable payroll for the

experience period on which contributions have been paid to the

Commission on or before July 31 of the calendar year immediately

preceding the year for which the tax rate is being calculated.

Oklahoma Statutes - Title 40. Labor

Added by Laws 1980, c. 323, § 3-107, eff. July 1, 1980. Amended by

Laws 2006, c. 176, § 15, eff. July 1, 2006; Laws 2016, c. 287, § 8,

eff. Nov. 1, 2016.

§40-3-108. State experience factor.

STATE EXPERIENCE FACTOR.

The total benefits paid from the Unemployment Compensation Fund

during the experience period, less all amounts credited to the Fund

other than employers' contributions, interest, penalties, fees and

interest earned on the Fund, divided by the statewide total of

benefit wages of all employers for the experience period, after

adjustments to the nearest multiple of one percent (1%) shall be

termed the "state experience factor." The state experience factor

for any year shall be determined prior to the due date of the first

contribution payment on wages for employment in that year.

Added by Laws 1980, c. 323, § 3-108, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 13, eff. Sept. 1, 1993; Laws 2006, c. 176, §

16, eff. July 1, 2006.

§40-3-109. Experience rate.

EXPERIENCE RATE. The contribution rate for each employer for

each calendar quarter after July 1, 2010, to be applied to the

employer’s current payroll shall be in accordance with the following

table based upon the state experience factor and his benefit wage

ratio:

When the State

Experience

Factor

Is:

If the Employer’s Benefit Wage Ratio Does Not Exceed:

1%

10%

20%

30%

40%

50%

60%

70%

80%

90%

100%

2

5.0

10.0 15.0 20.0 25.0 30.0 35.0 40.0 45.0 50.0

3

3.3

6.7

10.0 13.3 16.7 20.0 23.3 26.7 30.0 33.3

4

2.5

5.0

7.5

10.0 12.5 15.0 17.5 20.0 22.5 25.0

5

2.0

4.0

6.0

8.0

10.0 12.0 14.0 16.0 18.0 20.0

6

1.7

3.3

5.0

6.7

8.3

10.0 11.7 13.3 15.0 16.7

7

1.4

2.9

4.3

5.7

7.1

8.6

10.0 11.4 12.9 14.3

8

1.3

2.5

3.8

5.0

6.3

7.5

8.8

10.0 11.3 12.5

9

1.1

2.2

3.3

4.4

5.6

6.7

7.8

8.9

10.0 11.1

10

1.0

2.0

3.0

4.0

5.0

6.0

7.0

8.0

9.0

10.0

11

0.9

1.8

2.7

3.6

4.5

5.5

6.4

7.3

8.2

9.1

12

0.8

1.7

2.5

3.3

4.2

5.0

5.8

6.7

7.5

8.3

13

0.8

1.5

2.3

3.1

3.8

4.6

5.4

6.2

6.9

7.7

14

0.7

1.4

2.1

2.9

3.6

4.3

5.0

5.7

6.4

7.1

15

0.7

1.3

2.0

2.7

3.3

4.0

4.7

5.3

6.0

6.7

16

0.6

1.3

1.9

2.5

3.1

3.8

4.4

5.0

5.6

6.3

17

0.6

1.2

1.8

2.4

2.9

3.5

4.1

4.7

5.3

5.9

18

0.6

1.1

1.7

2.2

2.8

3.3

3.9

4.4

5.0

5.6

Oklahoma Statutes - Title 40. Labor

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

0.5

0.5

0.5

0.5

0.4

0.4

0.4

0.4

0.4

0.4

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.3

0.2

0.2

0.2

0.2

0.2

0.2

0.2

0.2

0.2

0.2

1.1

1.6

2.1

2.6

3.2

3.7

4.2

4.7

5.3

1.0

1.5

2.0

2.5

3.0

3.5

4.0

4.5

5.0

1.0

1.4

1.9

2.4

2.9

3.3

3.8

4.3

4.8

0.9

1.4

1.8

2.3

2.7

3.2

3.6

4.1

4.5

0.9

1.3

1.7

2.2

2.6

3.0

3.5

3.9

4.3

0.8

1.3

1.7

2.1

2.5

2.9

3.3

3.8

4.2

0.8

1.2

1.6

2.0

2.4

2.8

3.2

3.6

4.0

0.8

1.2

1.5

1.9

2.3

2.7

3.1

3.5

3.8

0.7

1.1

1.5

1.9

2.2

2.6

3.0

3.3

3.7

0.7

1.1

1.4

1.8

2.1

2.5

2.9

3.2

3.6

0.7

1.0

1.4

1.7

2.1

2.4

2.8

3.1

3.4

0.7

1.0

1.3

1.7

2.0

2.3

2.7

3.0

3.3

0.6

1.0

1.3

1.6

1.9

2.3

2.6

2.9

3.2

0.6

0.9

1.3

1.6

1.9

2.2

2.5

2.8

3.1

0.6

0.9

1.2

1.5

1.8

2.1

2.4

2.7

3.0

0.6

0.9

1.2

1.5

1.8

2.1

2.4

2.6

2.9

0.6

0.9

1.1

1.4

1.7

2.0

2.3

2.6

2.9

0.6

0.8

1.1

1.4

1.7

1.9

2.2

2.5

2.8

0.5

0.8

1.1

1.4

1.6

1.9

2.2

2.4

2.7

0.5

0.8

1.1

1.3

1.6

1.8

2.1

2.4

2.6

0.5

0.8

1.0

1.3

1.5

1.8

2.1

2.3

2.6

0.5

0.8

1.0

1.3

1.5

1.8

2.0

2.3

2.5

0.5

0.7

1.0

1.2

1.5

1.7

2.0

2.2

2.4

0.5

0.7

1.0

1.2

1.4

1.7

1.9

2.1

2.4

0.5

0.7

0.9

1.2

1.4

1.6

1.9

2.1

2.3

0.5

0.7

0.9

1.1

1.4

1.6

1.8

2.0

2.3

0.4

0.7

0.9

1.1

1.3

1.6

1.8

2.0

2.2

0.4

0.7

0.9

1.1

1.3

1.5

1.7

2.0

2.2

0.4

0.6

0.9

1.1

1.3

1.5

1.7

1.9

2.1

0.4

0.6

0.8

1.0

1.3

1.5

1.7

1.9

2.1

0.4

0.6

0.8

1.0

1.2

1.4

1.6

1.8

2.0

0.4

0.6

0.8

1.0

1.2

1.4

1.6

1.8

2.0

The Employer’s Contribution Rate Shall Be:

0.1

0.2

0.3

0.4

0.5

0.6

0.7

0.8

0.9

1.0

When the State

Experience

Factor

Is:

If the Employer’s Benefit Wage Ratio Does Not Exceed:

1%

110% 120% 130% 140% 150% 160% 170% 180% 190% 200%

2

55.0 60.0 65.0 70.0 75.0 80.0 85.0 90.0 95.0 100.0

3

36.7 40.0 43.3 46.7 50.0 53.3 56.7 60.0 63.3 66.7

4

27.5 30.0 32.5 35.0 37.5 40.0 42.5 45.0 47.5 50.0

5

22.0 24.0 26.0 28.0 30.0 32.0 34.0 36.0 38.0 40.0

6

18.3 20.0 21.7 23.3 25.0 26.7 28.3 30.0 31.7 33.3

7

15.7 17.1 18.6 20.0 21.4 22.9 24.3 25.7 27.1 28.6

8

13.8 15.0 16.3 17.5 18.8 20.0 21.3 22.5 23.8 25.0

9

12.2 13.3 14.4 15.6 16.7 17.8 18.9 20.0 21.1 22.2

Oklahoma Statutes - Title 40. Labor

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

11.0

10.0

9.2

8.5

7.9

7.3

6.9

6.5

6.1

5.8

5.5

5.2

5.0

4.8

4.6

4.4

4.2

4.1

3.9

3.8

3.7

3.5

3.4

3.3

3.2

3.1

3.1

3.0

2.9

2.8

2.8

2.7

2.6

2.6

2.5

2.4

2.4

2.3

2.3

2.2

2.2

12.0 13.0 14.0 15.0 16.0 17.0 18.0 19.0 20.0

10.9 11.8 12.7 13.6 14.5 15.5 16.4 17.3 18.2

10.0 10.8 11.7 12.5 13.3 14.2 15.0 15.8 16.7

9.2

10.0 10.8 11.5 12.3 13.1 13.8 14.6 15.4

8.6

9.3

10.0 10.7 11.4 12.1 12.9 13.6 14.3

8.0

8.7

9.3

10.0 10.7 11.3 12.0 12.7 13.3

7.5

8.1

8.8

9.4

10.0 10.6 11.3 11.9 12.5

7.1

7.6

8.2

8.8

9.4

10.0 10.6 11.2 11.8

6.7

7.2

7.8

8.3

8.9

9.4

10.0 10.6 11.1

6.3

6.8

7.4

7.9

8.4

8.9

9.5

10.0 10.5

6.0

6.5

7.0

7.5

8.0

8.5

9.0

9.5

10.0

5.7

6.2

6.7

7.1

7.6

8.1

8.6

9.0

9.5

5.5

5.9

6.4

6.8

7.3

7.7

8.2

8.6

9.1

5.2

5.7

6.1

6.5

7.0

7.4

7.8

8.3

8.7

5.0

5.4

5.8

6.3

6.7

7.1

7.5

7.9

8.3

4.8

5.2

5.6

6.0

6.4

6.8

7.2

7.6

8.0

4.6

5.0

5.4

5.8

6.2

6.5

6.9

7.3

7.7

4.4

4.8

5.2

5.6

5.9

6.3

6.7

7.0

7.4

4.3

4.6

5.0

5.4

5.7

6.1

6.4

6.8

7.1

4.1

4.5

4.8

5.2

5.5

5.9

6.2

6.6

6.9

4.0

4.3

4.7

5.0

5.3

5.7

6.0

6.3

6.7

3.9

4.2

4.5

4.8

5.2

5.5

5.8

6.1

6.5

3.8

4.1

4.4

4.7

5.0

5.3

5.6

5.9

6.3

3.6

3.9

4.2

4.5

4.8

5.2

5.5

5.8

6.1

3.5

3.8

4.1

4.4

4.7

5.0

5.3

5.6

5.9

3.4

3.7

4.0

4.3

4.6

4.9

5.1

5.4

5.7

3.3

3.6

3.9

4.2

4.4

4.7

5.0

5.3

5.6

3.2

3.5

3.8

4.1

4.3

4.6

4.9

5.1

5.4

3.2

3.4

3.7

3.9

4.2

4.5

4.7

5.0

5.3

3.1

3.3

3.6

3.8

4.1

4.4

4.6

4.9

5.1

3.0

3.3

3.5

3.8

4.0

4.3

4.5

4.8

5.0

2.9

3.2

3.4

3.7

3.9

4.1

4.4

4.6

4.9

2.9

3.1

3.3

3.6

3.8

4.0

4.3

4.5

4.8

2.8

3.0

3.3

3.5

3.7

4.0

4.2

4.4

4.7

2.7

3.0

3.2

3.4

3.6

3.9

4.1

4.3

4.5

2.7

2.9

3.1

3.3

3.6

3.8

4.0

4.2

4.4

2.6

2.8

3.0

3.3

3.5

3.7

3.9

4.1

4.3

2.6

2.8

3.0

3.2

3.4

3.6

3.8

4.0

4.3

2.5

2.7

2.9

3.1

3.3

3.5

3.8

4.0

4.2

2.4

2.7

2.9

3.1

3.3

3.5

3.7

3.9

4.1

2.4

2.6

2.8

3.0

3.2

3.4

3.6

3.8

4.0

The Employer’s Contribution Rate Shall Be:

1.1

1.2

1.3

1.4

1.5

1.6

1.7

1.8

1.9

2.0

When the State

Experience

Factor

Is:

If the Employer’s Benefit Wage Ratio Does Not Exceed:

Oklahoma Statutes - Title 40. Labor

1%

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

210% 220% 230% 240% 250% 260% 270% 280% 290% 300%

105.0 110.0 115.0 120.0 125.0 130.0 135.0 140.0 145.0 150.0

70.0 73.3 76.7 80.0 83.3 86.7 90.0 93.3 96.7 100.0

52.5 55.0 57.5 60.0 62.5 65.0 67.5 70.0 72.5 75.0

42.0 44.0 46.0 48.0 50.0 52.0 54.0 56.0 58.0 60.0

35.0 36.7 38.3 40.0 41.7 43.3 45.0 46.7 48.3 50.0

30.0 31.4 32.9 34.3 35.7 37.1 38.6 40.0 41.4 42.9

26.3 27.5 28.8 30.0 31.3 32.5 33.8 35.0 36.3 37.5

23.3 24.4 25.6 26.7 27.8 28.9 30.0 31.1 32.2 33.3

21.0 22.0 23.0 24.0 25.0 26.0 27.0 28.0 29.0 30.0

19.1 20.0 20.9 21.8 22.7 23.6 24.5 25.5 26.4 27.3

17.5 18.3 19.2 20.0 20.8 21.7 22.5 23.3 24.2 25.0

16.2 16.9 17.7 18.5 19.2 20.0 20.8 21.5 22.3 23.1

15.0 15.7 16.4 17.1 17.9 18.6 19.3 20.0 20.7 21.4

14.0 14.7 15.3 16.0 16.7 17.3 18.0 18.7 19.3 20.0

13.1 13.8 14.4 15.0 15.6 16.3 16.9 17.5 18.1 18.8

12.4 12.9 13.5 14.1 14.7 15.3 15.9 16.5 17.1 17.6

11.7 12.2 12.8 13.3 13.9 14.4 15.0 15.6 16.1 16.7

11.1 11.6 12.1 12.6 13.2 13.7 14.2 14.7 15.3 15.8

10.5 11.0 11.5 12.0 12.5 13.0 13.5 14.0 14.5 15.0

10.0 10.5 11.0 11.4 11.9 12.4 12.9 13.3 13.8 14.3

9.5

10.0 10.5 10.9 11.4 11.8 12.3 12.7 13.2 13.6

9.1

9.6

10.0 10.4 10.9 11.3 11.7 12.2 12.6 13.0

8.8

9.2

9.6

10.0 10.4 10.8 11.3 11.7 12.1 12.5

8.4

8.8

9.2

9.6

10.0 10.4 10.8 11.2 11.6 12.0

8.1

8.5

8.8

9.2

9.6

10.0 10.4 10.8 11.2 11.5

7.8

8.1

8.5

8.9

9.3

9.6

10.0 10.4 10.7 11.1

7.5

7.9

8.2

8.6

8.9

9.3

9.6

10.0 10.4 10.7

7.2

7.6

7.9

8.3

8.6

9.0

9.3

9.7

10.0 10.3

7.0

7.3

7.7

8.0

8.3

8.7

9.0

9.3

9.7

10.0

6.8

7.1

7.4

7.7

8.1

8.4

8.7

9.0

9.4

9.7

6.6

6.9

7.2

7.5

7.8

8.1

8.4

8.8

9.1

9.4

6.4

6.7

7.0

7.3

7.6

7.9

8.2

8.5

8.8

9.1

6.2

6.5

6.8

7.1

7.4

7.6

7.9

8.2

8.5

8.8

6.0

6.3

6.6

6.9

7.1

7.4

7.7

8.0

8.3

8.6

5.8

6.1

6.4

6.7

6.9

7.2

7.5

7.8

8.1

8.3

5.7

5.9

6.2

6.5

6.8

7.0

7.3

7.6

7.8

8.1

5.5

5.8

6.1

6.3

6.6

6.8

7.1

7.4

7.6

7.9

5.4

5.6

5.9

6.2

6.4

6.7

6.9

7.2

7.4

7.7

5.3

5.5

5.8

6.0

6.3

6.5

6.8

7.0

7.3

7.5

5.1

5.4

5.6

5.9

6.1

6.3

6.6

6.8

7.1

7.3

5.0

5.2

5.5

5.7

6.0

6.2

6.4

6.7

6.9

7.1

4.9

5.1

5.3

5.6

5.8

6.0

6.3

6.5

6.7

7.0

4.8

5.0

5.2

5.5

5.7

5.9

6.1

6.4

6.6

6.8

4.7

4.9

5.1

5.3

5.6

5.8

6.0

6.2

6.4

6.7

4.6

4.8

5.0

5.2

5.4

5.7

5.9

6.1

6.3

6.5

4.5

4.7

4.9

5.1

5.3

5.5

5.7

6.0

6.2

6.4

Oklahoma Statutes - Title 40. Labor

48

49

50

4.4

4.3

4.2

4.6

4.8

5.0

5.2

5.4

5.6

5.8

6.0

6.3

4.5

4.7

4.9

5.1

5.3

5.5

5.7

5.9

6.1

4.4

4.6

4.8

5.0

5.2

5.4

5.6

5.8

6.0

The Employer’s Contribution Rate Shall Be:

2.1

2.2

2.3

2.4

2.5

2.6

2.7

2.8

2.9

3.0

When the State

Experience

Factor

Is:

If the Employer’s Benefit Wage Ratio Does Not Exceed:

1%

310% 320% 330% 340% 350% 360% 370% 380% 390% 400%

2

155.0 160.0 165.0 170.0 175.0 180.0 185.0 190.0 195.0 200.0

3

103.3 106.7 110.0 113.3 116.7 120.0 123.3 126.7 130.0 133.3

4

77.5 80.0 82.5 85.0 87.5 90.0 92.5 95.0 97.5 100.0

5

62.0 64.0 66.0 68.0 70.0 72.0 74.0 76.0 78.0 80.0

6

51.7 53.3 55.0 56.7 58.3 60.0 61.7 63.3 65.0 66.7

7

44.3 45.7 47.1 48.6 50.0 51.4 52.9 54.3 55.7 57.1

8

38.8 40.0 41.3 42.5 43.8 45.0 46.3 47.5 48.8 50.0

9

34.4 35.6 36.7 37.8 38.9 40.0 41.1 42.2 43.3 44.4

10

31.0 32.0 33.0 34.0 35.0 36.0 37.0 38.0 39.0 40.0

11

28.2 29.1 30.0 30.9 31.8 32.7 33.6 34.5 35.5 36.4

12

25.8 26.7 27.5 28.3 29.2 30.0 30.8 31.7 32.5 33.3

13

23.8 24.6 25.4 26.2 26.9 27.7 28.5 29.2 30.0 30.8

14

22.1 22.9 23.6 24.3 25.0 25.7 26.4 27.1 27.9 28.6

15

20.7 21.3 22.0 22.7 23.3 24.0 24.7 25.3 26.0 26.7

16

19.4 20.0 20.6 21.3 21.9 22.5 23.1 23.8 24.4 25.0

17

18.2 18.8 19.4 20.0 20.6 21.2 21.8 22.4 22.9 23.5

18

17.2 17.8 18.3 18.9 19.4 20.0 20.6 21.1 21.7 22.2

19

16.3 16.8 17.4 17.9 18.4 18.9 19.5 20.0 20.5 21.1

20

15.5 16.0 16.5 17.0 17.5 18.0 18.5 19.0 19.5 20.0

21

14.8 15.2 15.7 16.2 16.7 17.1 17.6 18.1 18.6 19.0

22

14.1 14.5 15.0 15.5 15.9 16.4 16.8 17.3 17.7 18.2

23

13.5 13.9 14.3 14.8 15.2 15.7 16.1 16.5 17.0 17.4

24

12.9 13.3 13.8 14.2 14.6 15.0 15.4 15.8 16.3 16.7

25

12.4 12.8 13.2 13.6 14.0 14.4 14.8 15.2 15.6 16.0

26

11.9 12.3 12.7 13.1 13.5 13.8 14.2 14.6 15.0 15.4

27

11.5 11.9 12.2 12.6 13.0 13.3 13.7 14.1 14.4 14.8

28

11.1 11.4 11.8 12.1 12.5 12.9 13.2 13.6 13.9 14.3

29

10.7 11.0 11.4 11.7 12.1 12.4 12.8 13.1 13.4 13.8

30

10.3 10.7 11.0 11.3 11.7 12.0 12.3 12.7 13.0 13.3

31

10.0 10.3 10.6 11.0 11.3 11.6 11.9 12.3 12.6 12.9

32

9.7

10.0 10.3 10.6 10.9 11.3 11.6 11.9 12.2 12.5

33

9.4

9.7

10.0 10.3 10.6 10.9 11.2 11.5 11.8 12.1

34

9.1

9.4

9.7

10.0 10.3 10.6 10.9 11.2 11.5 11.8

35

8.9

9.1

9.4

9.7

10.0 10.3 10.6 10.9 11.1 11.4

36

8.6

8.9

9.2

9.4

9.7

10.0 10.3 10.6 10.8 11.1

37

8.4

8.6

8.9

9.2

9.5

9.7

10.0 10.3 10.5 10.8

38

8.2

8.4

8.7

8.9

9.2

9.5

9.7

10.0 10.3 10.5

Oklahoma Statutes - Title 40. Labor

39

40

41

42

43

44

45

46

47

48

49

50

7.9

7.8

7.6

7.4

7.2

7.0

6.9

6.7

6.6

6.5

6.3

6.2

8.2

8.5

8.7

9.0

9.2

9.5

9.7

10.0 10.3

8.0

8.3

8.5

8.8

9.0

9.3

9.5

9.8

10.0

7.8

8.0

8.3

8.5

8.8

9.0

9.3

9.5

9.8

7.6

7.9

8.1

8.3

8.6

8.8

9.0

9.3

9.5

7.4

7.7

7.9

8.1

8.4

8.6

8.8

9.1

9.3

7.3

7.5

7.7

8.0

8.2

8.4

8.6

8.9

9.1

7.1

7.3

7.6

7.8

8.0

8.2

8.4

8.7

8.9

7.0

7.2

7.4

7.6

7.8

8.0

8.3

8.5

8.7

6.8

7.0

7.2

7.4

7.7

7.9

8.1

8.3

8.5

6.7

6.9

7.1

7.3

7.5

7.7

7.9

8.1

8.3

6.5

6.7

6.9

7.1

7.3

7.6

7.8

8.0

8.2

6.4

6.6

6.8

7.0

7.2

7.4

7.6

7.8

8.0

The Employer’s Contribution Rate Shall Be:

3.1

3.2

3.3

3.4

3.5

3.6

3.7

3.8

3.9

4.0

When the State

Experience

Factor

Is:

If the Employer’s Benefit Wage Ratio Does Not Exceed:

1%

410% 420% 430% 440% 450% 460% 470% 480% 490% 500%

2

205.0 210.0 215.0 220.0 225.0 230.0 235.0 240.0 245.0 250.0

3

136.7 140.0 143.3 146.7 150.0 153.3 156.7 160.0 163.3 166.7

4

102.5 105.0 107.5 110.0 112.5 115.0 117.5 120.0 122.5 125.0

5

82.0 84.0 86.0 88.0 90.0 92.0 94.0 96.0 98.0 100.0

6

68.3 70.0 71.7 73.3 75.0 76.7 78.3 80.0 81.7 83.3

7

58.6 60.0 61.4 62.9 64.3 65.7 67.1 68.6 70.0 71.4

8

51.3 52.5 53.8 55.0 56.3 57.5 58.8 60.0 61.3 62.5

9

45.6 46.7 47.8 48.9 50.0 51.1 52.2 53.3 54.4 55.6

10

41.0 42.0 43.0 44.0 45.0 46.0 47.0 48.0 49.0 50.0

11

37.3 38.2 39.1 40.0 40.9 41.8 42.7 43.6 44.5 45.5

12

34.2 35.0 35.8 36.7 37.5 38.3 39.2 40.0 40.8 41.7

13

31.5 32.3 33.1 33.8 34.6 35.4 36.2 36.9 37.7 38.5

14

29.3 30.0 30.7 31.4 32.1 32.9 33.6 34.3 35.0 35.7

15

27.3 28.0 28.7 29.3 30.0 30.7 31.3 32.0 32.7 33.3

16

25.6 26.3 26.9 27.5 28.1 28.8 29.4 30.0 30.6 31.3

17

24.1 24.7 25.3 25.9 26.5 27.1 27.6 28.2 28.8 29.4

18

22.8 23.3 23.9 24.4 25.0 25.6 26.1 26.7 27.2 27.8

19

21.6 22.1 22.6 23.2 23.7 24.2 24.7 25.3 25.8 26.3

20

20.5 21.0 21.5 22.0 22.5 23.0 23.5 24.0 24.5 25.0

21

19.5 20.0 20.5 21.0 21.4 21.9 22.4 22.9 23.3 23.8

22

18.6 19.1 19.5 20.0 20.5 20.9 21.4 21.8 22.3 22.7

23

17.8 18.3 18.7 19.1 19.6 20.0 20.4 20.9 21.3 21.7

24

17.1 17.5 17.9 18.3 18.8 19.2 19.6 20.0 20.4 20.8

25

16.4 16.8 17.2 17.6 18.0 18.4 18.8 19.2 19.6 20.0

26

15.8 16.2 16.5 16.9 17.3 17.7 18.1 18.5 18.8 19.2

27

15.2 15.6 15.9 16.3 16.7 17.0 17.4 17.8 18.1 18.5

28

14.6 15.0 15.4 15.7 16.1 16.4 16.8 17.1 17.5 17.9

29

14.1 14.5 14.8 15.2 15.5 15.9 16.2 16.6 16.9 17.2

Oklahoma Statutes - Title 40. Labor

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

13.7

13.2

12.8

12.4

12.1

11.7

11.4

11.1

10.8

10.5

10.3

10.0

9.8

9.5

9.3

9.1

8.9

8.7

8.5

8.4

8.2

14.0 14.3 14.7 15.0 15.3 15.7 16.0 16.3 16.7

13.5 13.9 14.2 14.5 14.8 15.2 15.5 15.8 16.1

13.1 13.4 13.8 14.1 14.4 14.7 15.0 15.3 15.6

12.7 13.0 13.3 13.6 13.9 14.2 14.5 14.8 15.2

12.4 12.6 12.9 13.2 13.5 13.8 14.1 14.4 14.7

12.0 12.3 12.6 12.9 13.1 13.4 13.7 14.0 14.3

11.7 11.9 12.2 12.5 12.8 13.1 13.3 13.6 13.9

11.4 11.6 11.9 12.2 12.4 12.7 13.0 13.2 13.5

11.1 11.3 11.6 11.8 12.1 12.4 12.6 12.9 13.2

10.8 11.0 11.3 11.5 11.8 12.1 12.3 12.6 12.8

10.5 10.8 11.0 11.3 11.5 11.8 12.0 12.3 12.5

10.2 10.5 10.7 11.0 11.2 11.5 11.7 12.0 12.2

10.0 10.2 10.5 10.7 11.0 11.2 11.4 11.7 11.9

9.8

10.0 10.2 10.5 10.7 10.9 11.2 11.4 11.6

9.5

9.8

10.0 10.2 10.5 10.7 10.9 11.1 11.4

9.3

9.6

9.8

10.0 10.2 10.4 10.7 10.9 11.1

9.1

9.3

9.6

9.8

10.0 10.2 10.4 10.7 10.9

8.9

9.1

9.4

9.6

9.8

10.0 10.2 10.4 10.6

8.8

9.0

9.2

9.4

9.6

9.8

10.0 10.2 10.4

8.6

8.8

9.0

9.2

9.4

9.6

9.8

10.0 10.2

8.4

8.6

8.8

9.0

9.2

9.4

9.6

9.8

10.0

The Employer’s Contribution Rate Shall Be:

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

5.0

When the State

Experience

Factor

Is:

If the Employer’s Benefit Wage Ratio Does Not Exceed:

1%

510% 520% 530% 540%

2

255.0 260.0 265.0 270.0

3

170.0 173.3 176.7 180.0

4

127.5 130.0 132.5 135.0

5

102.0 104.0 106.0 108.0

6

85.0 86.7 88.3 90.0

7

72.9 74.3 75.7 77.1

8

63.8 65.0 66.3 67.5

9

56.7 57.8 58.9 60.0

10

51.0 52.0 53.0 54.0

11

46.4 47.3 48.2 49.1

12

42.5 43.3 44.2 45.0

13

39.2 40.0 40.8 41.5

14

36.4 37.1 37.9 38.6

15

34.0 34.7 35.3 36.0

16

31.9 32.5 33.1 33.8

17

30.0 30.6 31.2 31.8

18

28.3 28.9 29.4 30.0

19

26.8 27.4 27.9 28.4

20

25.5 26.0 26.5 27.0

Oklahoma Statutes - Title 40. Labor

21

22

23

24

25

26

27

28

29

30

31

32

33

34

35

36

37

38

39

40

41

42

43

44

45

46

47

48

49

50

24.3

23.2

22.2

21.3

20.4

19.6

18.9

18.2

17.6

17.0

16.5

15.9

15.5

15.0

14.6

14.2

13.8

13.4

13.1

12.8

12.4

12.1

11.9

11.6

11.3

11.1

10.9

10.6

10.4

10.2

24.8 25.2 25.7

23.6 24.1 24.5

22.6 23.0 23.5

21.7 22.1 22.5

20.8 21.2 21.6

20.0 20.4 20.8

19.3 19.6 20.0

18.6 18.9 19.3

17.9 18.3 18.6

17.3 17.7 18.0

16.8 17.1 17.4

16.3 16.6 16.9

15.8 16.1 16.4

15.3 15.6 15.9

14.9 15.1 15.4

14.4 14.7 15.0

14.1 14.3 14.6

13.7 13.9 14.2

13.3 13.6 13.8

13.0 13.3 13.5

12.7 12.9 13.2

12.4 12.6 12.9

12.1 12.3 12.6

11.8 12.0 12.3

11.6 11.8 12.0

11.3 11.5 11.7

11.1 11.3 11.5

10.8 11.0 11.3

10.6 10.8 11.0

10.4 10.6 10.8

The Employer’s Contribution Rate Shall Be:

5.1

5.2

5.3

5.4

If the employer’s benefit wage ratio exceeds the amount in the

last column of the table on the line for the current year’s state

experience factor, his contribution rate shall be five and fivetenths percent (5.5%).

CONDITIONAL FACTOR RATE

Conditional

Factor

Rate

Is:

0.1%

0.2% 0.3% 0.4% 0.5% 0.6% 0.7% 0.8% 0.9% 1.0% 1.1%

A

0.4%

0.4% 0.5% 0.7% 0.8% 0.9% 1.0% 1.1% 1.2% 1.3% 1.4%

B

0.4%

0.5% 0.6% 0.7% 0.8% 1.0% 1.0% 1.1% 1.2% 1.3% 1.5%

C

0.5%

0.6% 0.7% 0.8% 1.0% 1.1% 1.2% 1.3% 1.4% 1.6% 1.7%

D

0.7%

0.9% 1.1% 1.2% 1.4% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1%

1.2%

1.3% 1.4% 1.5% 1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2%

A

1.5%

1.6% 1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5%

Oklahoma Statutes - Title 40. Labor

B

C

D

1.6%

1.7% 1.8% 1.9% 2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6%

1.9%

2.0% 2.1% 2.2% 2.3% 2.4% 2.5% 2.6% 2.7% 2.8% 2.9%

2.2%

2.3% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3%

2.3%

2.4% 2.5% 2.6% 2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3%

A

2.6%

2.7% 2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6%

B

2.7%

2.8% 2.9% 3.0% 3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7%

C

3.0%

3.1% 3.2% 3.3% 3.4% 3.5% 3.6% 3.7% 3.8% 3.9% 4.0%

D

3.4%

3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4%

3.4%

3.5% 3.6% 3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4%

A

3.7%

3.7% 3.8% 3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6%

B

3.8%

3.9% 4.0% 4.1% 4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8%

C

4.1%

4.2% 4.3% 4.4% 4.5% 4.6% 4.7% 4.8% 4.9% 5.0% 5.1%

D

4.5%

4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5%

4.5%

4.6% 4.7% 4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5%

A

4.7%

4.8% 4.9% 5.0% 5.1% 5.2% 5.3% 5.4% 5.5% 5.6% 5.7%

B

4.9%

5.0% 5.1% 5.2% 5.3% 5.4% 5.5% 5.6% 5.7% 5.8% 5.9%

C

5.2%

5.3% 5.4% 5.5% 5.6% 5.7% 5.8% 5.9% 6.0% 6.1% 6.2%

D

5.6%

5.7% 5.8% 5.9% 6.0% 6.1% 6.2% 6.3% 6.3% 6.4% 6.5%

Added by Laws 1980, c. 323, § 3-109, eff. July 1, 1980. Amended by

Laws 1983, c. 270, § 11, emerg. eff. June 23, 1983; Laws 1986, c.

205, § 7, emerg. eff. June 6, 1986; Laws 2010, c. 216, § 10, eff.

July 1, 2010; Laws 2025, c. 140, § 2, eff. Nov. 1, 2025.

§40-3-109.1. Rate reduction.

RATE REDUCTION. Notwithstanding the provisions of Sections 3103, 3-109, 3-110 and 3-113 of this title, for the time period

beginning July 1, 1998, and ending December 31, 2001, the

contribution rate assigned to an employer shall be reduced by fifty

percent (50%); provided: the tax rate of employers assigned a tax

rate pursuant to Sections 3-103 and 3-110 of this title shall not be

reduced to less than one percent (1%); employers who qualify for an

earned rate calculated pursuant to Section 3-109 of this title, and

are given a rate of five and one-half percent (5.5%) shall be

reduced to no less than five and four-tenths percent (5.4%); and

employers who qualify for an earned rate calculated pursuant to

Section 3-109 of this title, and are given a rate of one-tenth of

one percent (0.1%), shall be reduced to a rate of zero percent

(0.0%).

Added by Laws 1997, c. 30, § 14, eff. July 1, 1997. Amended by Laws

1998, c. 161, § 11, eff. July 1, 1998; Laws 1999, c. 382, § 1, eff.

July 1, 1999.

§40-3-109.2. Rate reduction for computer fund assessment.

RATE REDUCTION FOR COMPUTER FUND ASSESSMENT.

Notwithstanding the provisions of Sections 3-103, 3-109, 3-110,

and 3-113 of Title 40 of the Oklahoma Statutes, for the time period

beginning July 1, 1997, and ending June 30, 1998, the contribution

Oklahoma Statutes - Title 40. Labor

rate assigned to an employer shall be reduced by fifty percent

(50%). Provided, the tax rate of employers assigned a tax rate

pursuant to Sections 3-103 and 3-110 of Title 40 of the Oklahoma

Statutes shall not be reduced to less than one percent (1%).

Provided further, employers who qualify for an earned rate

calculated pursuant to Section 3-109 of Title 40 of the Oklahoma

Statutes, and are given a rate of five and one-half percent (5.5%),

shall not be eligible for the rate reduction provided for in this

section.

Added by Laws 1997, c. 391, § 3, eff. July 1, 1997.

§40-3-109.3. Rate reduction for technology reinvestment

apportionment.

RATE REDUCTION FOR TECHNOLOGY REINVESTMENT APPORTIONMENT.

Notwithstanding the provisions of Sections 3-109, 3-110.1 and 3113 of this title, for the time period beginning January 1, 2023,

and ending December 31, 2027, the tax rate computed for or assigned

to an employer shall be reduced by five percent (5%).

Added by Laws 2017, c. 345, § 8, eff. July 1, 2017. Amended by Laws

2023, c. 346, § 1, eff. Nov. 1, 2023.

§40-3-110.

Repealed by Laws 2015, c. 249, § 20, eff. Nov. 1, 2015.

§40-3-110.1. Unemployment tax rate.

UNEMPLOYMENT TAX RATE.

Each employer, unless otherwise prescribed in Section 3-111.1,

3-701 or 3-801 of this title, shall pay unemployment tax as follows:

1. All employers shall have an assigned tax rate of one and

one-half percent (1.5%) until sufficient experience history exists

in the employer's account to meet the At-Risk Rule set out in

paragraph 3 of this section. If the account meets the At-Risk Rule,

the employer will qualify for an earned tax rate calculated pursuant

to the provisions of Part 1 of Article III of the Employment

Security Act of 1980;

2. If an employer qualified for an earned tax rate under

paragraph 1 of this section, or under a prior law, and at the time

the employer's tax rate is being determined for a subsequent year

the employer account lacks sufficient experience history to meet the

At-Risk Rule of paragraph 3 of this section, the employer shall

revert to the assigned tax rate of one and one-half percent (1.5%).

The employer shall pay at the assigned tax rate until the provisions

of paragraph 1 of this section are met; and

3. "At-Risk Rule" means an employer is required to be at-risk

for a claim of unemployment benefits before an earned tax rate is

calculated. An employer shall meet the At-Risk Rule and be eligible

for an earned tax rate if, throughout the calendar year immediately

preceding the year for which the employer's tax rate is being

Oklahoma Statutes - Title 40. Labor

determined, there was an individual who could have filed a claim for

unemployment benefits in each quarter of that year establishing a

base period, as defined by Section 1-202 of this title, which would

include wages from that employer.

Added by Laws 2015, c. 249, § 14, eff. Nov. 1, 2015. Amended by

Laws 2016, c. 287, § 9, eff. Nov. 1, 2016.

§40-3-111.

Repealed by Laws 2016, c. 287, § 14, eff. Nov. 1, 2016.

§40-3-111.1. Successor and predecessor employers - Special rules on

transfer of rates and experience.

SUCCESSOR AND PREDECESSOR EMPLOYERS - SPECIAL RULES ON TRANSFER

OF RATES AND EXPERIENCE.

A. Notwithstanding any other provision of law, the following

shall apply regarding assignments of rates and transfers of

experience:

1. If an employer transfers its trade or business, or a

separate and distinct establishment, or unit thereof, to another

employer or an entity that does not meet the definition of an

employer at the time of the transfer and there is substantially

common ownership, management or control of the two employers or

entities at the time of the transfer, then the experience rating

account attributable to the transferred trade or business shall be

combined with the experience rating account of the employer to whom

such business is so transferred. The employer transferring its

trade or business shall be the predecessor employer and the employer

or entity acquiring the transferred trade or business shall be the

successor employer. The successor employer shall acquire the

experience rating account of the predecessor employer, including the

predecessor's actual tax and benefit experience, annual payrolls and

tax rate. The successor employer shall also become jointly and

severally liable with the predecessor employer for all current or

delinquent taxes, interest, penalties and fees owed to the Oklahoma

Employment Security Commission by the predecessor employer. In the

case of the transfer of a separate and distinct establishment or

unit within the predecessor employer, the successor employer shall

acquire that portion of the items identified above that relate to

the establishment or unit acquired or its pro-rata share; and

2. Whenever a person who is not an employer under the

Employment Security Act of 1980 at the time it acquires the trade or

business of an employer, the experience rating account of the

acquired business shall not be transferred to that person if the

Commission finds that the person acquired the business solely or

primarily for the purpose of obtaining a lower tax rate. Instead,

the person shall be assigned a tax rate under Section 3-110.1 of

this title. In determining whether the business was acquired solely

or primarily for the purpose of obtaining a lower tax rate, the

Oklahoma Statutes - Title 40. Labor

Commission shall examine objective factors which may include the

cost of acquiring the business, whether the person continued the

business enterprise of the acquired business, how long the business

enterprise was continued, or whether a substantial number of new

employees were hired for performance of duties unrelated to the

business activity conducted prior to acquisition.

B. 1. If a person knowingly violates or attempts to violate

paragraph 1 or 2 of subsection A of this section or any other

provision of the Employment Security Act of 1980 related to

determining the assignment of the tax rate, or if a person knowingly

advises another person in a way that results in a violation of such

provision, the person shall be subject to the following penalties:

a.

if the person is an employer, then the employer shall

be assessed a penalty equal to ten percent (10%) of

the actual taxes due in the calendar quarter in which

the employer violated or attempted to violate the

provisions of this section and a penalty equal to ten

percent (10%) of the actual taxes due in each of the

following three (3) calendar quarters. The funds in

payment of this penalty shall be deposited in the

Oklahoma Employment Security Commission Revolving Fund

established under Section 4-901 of this title,

b.

if the person is not an employer, the person shall be

subject to a civil money penalty of at least One

Hundred Dollars ($100.00) and not more than Five

Thousand Dollars ($5,000.00) to be determined by the

Assessment Board of the Oklahoma Employment Security

Commission. Any fine shall be deposited in the

Oklahoma Employment Security Commission Revolving Fund

established under Section 4-901 of this title.

2. For purposes of this section, the term "knowingly" means

having actual knowledge of or acting with deliberate ignorance or

reckless disregard for the prohibition involved.

3. For the purposes of this section, the term "violates or

attempts to violate" includes, but is not limited to, intent to

evade, misrepresentation or willful nondisclosure.

4. In addition to the penalty imposed by paragraph 1 of this

subsection, any person who violates the provisions of this section

shall be guilty of a misdemeanor and may be imprisoned for up to one

(1) year.

C. The Commission shall establish procedures to identify the

transfer or acquisition of a business for purposes of this section.

D. For purposes of this section:

1. "Person" has the meaning given such term by 26 U.S.C.,

Section 7701(a)(1); and

2. "Trade or business" shall include the employer's workforce.

Oklahoma Statutes - Title 40. Labor

E. This section shall be interpreted and applied in such a

manner as to meet the minimum requirements contained in any guidance

or regulations issued by the United States Department of Labor.

Added by Laws 2005, c. 182, § 8, eff. Nov. 1, 2005. Amended by Laws

2013, c. 71, § 10, eff. Nov. 1, 2013; Laws 2016, c. 287, § 10, eff.

Nov. 1, 2016.

§40-3-112.

Repealed by Laws 2015, c. 249, § 20, eff. Nov. 1, 2015.

§40-3-113. Conditional factors.

CONDITIONAL FACTORS.

For each calendar year commencing after December 31, 2006,

except for those employers with a benefit wage ratio of zero (0) and

as otherwise provided in this section, the contribution rate for

each employer for the calendar year shall be increased, in the

circumstances and in the amounts as follows:

(1) - Condition “a” - If the balance of the unemployment

compensation fund is less than three and one-half (3 1/2) times, but

not less than three (3) times, the net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters divided

by five (5), on July 1 of any given year, the contribution rate for

the next calendar year for each employer whose benefit wage ratio

with respect to that year is zero percent (0%) shall be increased by

one-tenth of one percent (1/10 of 1%) of wages paid by the employer

during the year; the contribution rate for each employer whose

benefit rate wage ratio with respect to that year is more than zero

percent (0%), but not more than one-tenth of one percent (1/10 of

1%), shall be increased by two-tenths of one percent (2/10 of 1%) of

wages paid by the employer during the year and the contribution rate

for each employer whose benefit wage ratio with respect to that year

is more than one-tenth of one percent (1/10 of 1%), shall be

delineated on the Conditional Factor Rate table as provided in

Section 3-109 of this title in the “A” row for the applicable

taxable wage ratio.

(2) - Condition “b” - If the balance of the unemployment

compensation fund is less than three (3) times, but not less than

two and one-half (2 1/2) times, the net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters divided

by five (5), as of July 1 of any given year, the contribution rate

for the next calendar year for each employer whose benefit wage

ratio with respect to that year is zero percent (0%) shall be

increased by one-tenth of one percent (1/10 of 1%) of wages paid by

the employer during that year; the contribution rate for each

employer whose benefit wage ratio with respect to that year is more

than zero percent (0%), but not more than one-tenth of one percent

(1/10 of 1%), shall be increased by two-tenths of one percent (2/10

of 1%) of wages paid by the employer during that year; and the

Oklahoma Statutes - Title 40. Labor

contribution rate for each employer whose benefit wage ratio with

respect to that year is more than one-tenth of one percent (1/10 of

1%), shall be delineated on the Conditional Factor Rate table as

provided in Section 3-109 of this title in the “B” row for the

applicable taxable wage ratio.

(3) - Condition “c” - If the balance of the unemployment

compensation fund is less than two and one-half (2 1/2) times, but

not less than two (2) times, the net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters divided

by five (5), as of July 1 of any given year, the contribution rate

for the next calendar year for each employer whose benefit wage

ratio with respect to that year is zero percent (0%) shall be

increased by one-tenth of one percent (1/10 of 1%) of wages paid by

the employer during that year; the contribution rate for each

employer whose benefit wage ratio with respect to that year is more

than zero percent (0%), but not more than one-tenth of one percent

(1/10 of 1%), shall be increased by three-tenths of one percent

(3/10 of 1%) of wages paid by the employer during that year; and the

contribution rate for each employer whose benefit wage ratio with

respect to that year is more than one-tenth of one percent (1/10 of

1%), shall be delineated on the Conditional Factor Rate table as

provided in Section 3-109 of this title in the “C” row for the

applicable taxable wage ratio.

(4) - Condition “d” - If the balance of the unemployment

compensation fund is less than two (2) times the net benefits paid

for the most recent twenty (20) consecutive completed calendar

quarters divided by five (5), as of July 1 of any given year, the

contribution rate for the next calendar year for each employer whose

benefit wage ratio with respect to that year is zero percent (0%)

shall be increased by two-tenths of one percent (2/10 of 1%) of

wages paid by the employer during that year; the contribution rate

for each employer whose benefit wage ratio with respect to that year

is more than zero percent (0%), but not more than one-tenth of one

percent (1/10 of 1%), shall be increased by five-tenths of one

percent (5/10 of 1%) of wages paid by the employer during that year;

the contribution rate for each employer whose benefit wage ratio

with respect to that year is more than one-tenth of one percent

(1/10 of 1%), shall be delineated on the Conditional Factor Rate

table as provided in Section 3-109 of this title in the “D” row for

the applicable taxable wage ratio.

(5) The contribution rate, excluding any surcharge, for an

employer whose contribution rate is three and four-tenths percent

(3.4%) or more shall not be increased by more than two (2)

percentage points in any two (2) consecutive years. The

contribution rate, excluding any surcharge, for an employer whose

contribution rate is less than three and four-tenths percent (3.4%)

Oklahoma Statutes - Title 40. Labor

shall not be increased to more than five and four-tenths percent

(5.4%) in one (1) year.

For the purposes of this section “net benefits paid for the most

recent twenty (20) consecutive completed calendar quarters” means

the total amount of monies withdrawn from this state’s account in

the unemployment trust fund in the United States Treasury for each

of the most recent twenty (20) consecutive completed calendar

quarters, plus the balance in the benefit account at the start of

the period, less the balance in the benefit account at the end of

the period. The contribution rate for those employers with a

benefit wage ratio of zero (0) shall be two-tenths of one percent

(2/10 of 1%) during those years when the fund is in conditions “a”,

“b”, and “c”, and shall be three-tenths of one percent (3/10 of 1%)

during those years when the fund is in condition “d”.

(6) Beginning January 1, 1996, except for this paragraph and

paragraph (7) of this section, the provisions of this section shall

be suspended until the Unemployment Trust Fund reaches a High Cost

Multiple of one and one-fourth (1 1/4). The Oklahoma Employment

Security Commission shall determine the High Cost Multiple at the

end of each calendar year and shall include the result of its

computation in a regularly published periodical together with other

employment-related data. As used in this section, “High Cost

Multiple” shall be a figure computed as follows:

(a) first, net fund reserves in the Unemployment

Compensation Fund as of the date of each computation

required by this section shall be divided by total

wages earned in insured employment for the twelve (12)

months preceding the date of the quarterly High Cost

Multiple computation,

(b) second, the result of the computation from

subparagraph (a) of this paragraph shall be divided by

a figure which is a quotient derived from the

computation of the High-Cost Rate contained in

subparagraph (c) of this paragraph, and

(c) third, the highest ratio of total state benefit

payments experienced previously in any twelve (12)

consecutive months to total wages earned in insured

employment for the same period shall be the High-Cost

Rate.

The result of all computations contained in subparagraphs (a)

through (c) of this paragraph, performed in the sequence as

specified in this section, shall be known as the High Cost Multiple.

(7) Prior to the beginning of each calendar year, the

Commission shall prepare an estimate of the financial condition of

the trust fund. If the estimate for the year shows the balance, at

any time during the year, will fall below the High Cost Multiple as

Oklahoma Statutes - Title 40. Labor

defined in paragraph (6) of this section, then the Commission shall

reinstate the suspended provisions of this section.

Added by Laws 1980, c. 323, § 3-113, eff. July 1, 1980. Amended by

Laws 1983, c. 270, § 12, emerg. eff. June 23, 1983; Laws 1986, c.

205, § 8, emerg. eff. June 6, 1986; Laws 1987, c. 10, § 3, emerg.

eff. March 31, 1987; Laws 1995, c. 340, § 18, eff. Jan. 1, 1996;

Laws 2006, c. 176, § 18, eff. July 1, 2006; Laws 2021, c. 56, § 1,

eff. July 1, 2021; Laws 2025, c. 140, § 3, eff. Nov. 1, 2025.

§40-3-114. Estimate of Financial Condition of Fund - Surcharge.

ESTIMATE OF FINANCIAL CONDITION OF FUND - SURCHARGE. Prior to

the beginning of each calendar quarter, the Oklahoma Employment

Security Commission shall prepare an estimate of the financial

condition of the fund for the quarter. If the estimate for any

quarter shows a balance at any time during the quarter of less than

Fifty Million Dollars ($50,000,000.00), the Commission shall assess

and collect a surcharge for that calendar quarter in an amount

sufficient to keep the balance at Fifty Million Dollars

($50,000,000.00), except as otherwise provided in this section.

The surcharge shall be charged to each employer in proportion to

the employer’s total tax liability as of the last completed quarter

for the current calendar year and shall not exceed thirty-three and

one-third percent (33 1/3%) per taxable year.

In a state of emergency declared by the Governor, the Oklahoma

Legislature, the United States President or the U.S. Congress, the

Commission shall have the following authority:

1. If a state of emergency directly and adversely impacts the

fund and if the estimate for any quarter in a declared state of

emergency shows a balance at any time during the quarter of less

than Fifty Million Dollars ($50,000,000.00), the Commission shall

have authority to:

a.

claim up to twenty-five percent (25%) of the federal

emergency relief funds made available to the state, if

any,

b.

decrease the surcharge to be charged to each employer

to a percentage rate that is sufficient to bring the

balance of the fund to Fifty Million Dollars

($50,000,000.00),

c.

borrow federal funds in amounts determined necessary

by the Commission,

d.

allow the balance of the fund to remain less than

Fifty Million Dollars ($50,000,000.00) but not less

than Ten Million Dollars ($10,000,000.00), or

e.

use any combination of the provisions of subparagraph

a, b, c or d of this subsection to supplement the

fund; and

Oklahoma Statutes - Title 40. Labor

2. When a state of emergency does not directly impact the fund,

the Commission shall adhere to the required duty to assess and

collect a surcharge for that calendar quarter in an amount

sufficient to keep the fund balance at Fifty Million Dollars

($50,000,000.00).

Added by Laws 1983, c. 270, § 14, emerg. eff. June 23, 1983.

Amended by Laws 1986, c. 205, § 9, emerg. eff. June 6, 1986; Laws

1992, c. 318, § 4, eff. July 1, 1992; Laws 2021, c. 56, § 2, eff.

July 1, 2021; Laws 2025, c. 140, § 4, eff. Nov. 1, 2025.

§40-3-115. Appeal of determinations.

APPEAL OF DETERMINATIONS.

A. If a determination is made by the Oklahoma Employment

Security Commission on any aspect of an employer's account, and a

method of appeal or protest of the determination is not set out in

the statute or rule under which the determination was made, the

employer may appeal or protest the determination under the procedure

set forth in subsection B of this section.

B. 1. All determinations affecting an employer account must be

made by the Commission in writing in a Notice of Determination and

mailed to the employer at the employer's last-known address with the

mailing date and appeal rights set out in the document. If the

employer has elected to be notified by electronic means according to

procedures set out in Oklahoma Employment Security Commission rules,

notice shall be deemed to be given when the Commission transmits the

notification by electronic means.

2. Within twenty (20) days after the mailing or transmission of

the Notice of Determination as provided for in paragraph 1 of this

subsection, the employer may file with the Commission, or its

representative, a written request for a review and redetermination

setting forth the employer's reasons therefor. If any employer

fails to file a written request for review and redetermination

within twenty (20) days without good cause, then the initial

determination of the Commission shall be final, and no further

appeal or protest shall be allowed.

3. If a written request for review and redetermination is

filed, the Commission shall provide for a review and issue a Notice

of Redetermination in the matter. The employer may appeal the

redetermination by filing a written appeal within twenty (20) days

of the date of the mailing of the Notice of Redetermination. If the

employer fails to file a written appeal within twenty (20) days

without good cause, the redetermination of the Commission shall be

final and no further appeal shall be allowed.

4. Upon the timely filing of a written appeal, the Commission

shall provide for an oral hearing to allow the employer to present

evidence in support of the appeal. The standard of review on appeal

shall be de novo. The Commission or its representatives shall, by

Oklahoma Statutes - Title 40. Labor

written notice, advise the employer of the date of the hearing,

which shall not be less than ten (10) days from the date of the

mailing of the written notice. At the discretion of the Commission,

this hearing shall be conducted by the Commission, or by a

representative appointed by the Commission for this purpose. The

appealing party shall bear the initial burden of proof at the

hearing.

5. Pursuant to the hearing, the Commission or its

representative shall, as soon as practicable, make a written order

setting forth its findings of fact and conclusions of law, and shall

mail it to the employer at the employer's last-known address with

the mailing date and appeal rights set out in the document.

6. The employer or the Commission may appeal the order to the

district court of the county in which the employer has its principal

place of business by filing a Petition for Review with the clerk of

the court within thirty (30) days after the date the order was

mailed to all parties. If the employer does not have a principal

place of business in any county in this state, then the Petition for

Review shall be filed with the Oklahoma County District Court. All

appeals shall be governed by Part 4 of Article 3 of the Employment

Security Act of 1980. If the employer fails to file an appeal to

the district court within the time allowed, the order shall be final

and no further appeal shall be allowed.

C. Untimely requests for review and redetermination pursuant to

paragraph 2 of subsection B of this section and written protests for

appeals filed pursuant to paragraph 3 of subsection B of this

section may be allowed for good cause shown, if the request for good

cause is filed in writing with the Commission within one (1) year of

the date of the determination or redetermination that is the basis

of the request for untimely filing.

Added by Laws 1997, c. 30, § 18, eff. July 1, 1997. Amended by Laws

2006, c. 176, § 19, eff. July 1, 2006; Laws 2007, c. 354, § 8, eff.

Nov. 1, 2007; Laws 2012, c. 196, § 9, emerg. eff. May 8, 2012; Laws

2013, c. 71, § 12, eff. Nov. 1, 2013; Laws 2019, c. 251, § 9, eff.

July 1, 2019; Laws 2022, c. 360, § 19, eff. Nov. 1, 2022.

§40-3-116. Reconsideration of determination.

RECONSIDERATION OF DETERMINATION.

A. The Oklahoma Employment Security Commission may reconsider a

determination of the basis of:

1. An error in computation;

2. An error in identity;

3. Misrepresentation of material facts;

4. Mistake of material facts;

5. An error in interpretation or application of the law; or

6. A timely request made pursuant to paragraph 2 of subsection

B of Section 3-115 of Title 40 of the Oklahoma Statutes.

Oklahoma Statutes - Title 40. Labor

B. A redetermination shall be made within three (3) years of

the last day of the month following the calendar quarter that is

subject to the redetermination.

C. Notice and appeal of a redetermination shall be governed by

the provisions of Section 3-115 of Title 40 of the Oklahoma

Statutes.

Added by Laws 2007, c. 354, § 9, eff. Nov. 1, 2007.

§40-3-117. Findings of fact or law.

FINDINGS OF FACT OR LAW.

Any findings of fact or law, judgment, conclusion or final order

made by the Oklahoma Employment Security Commission or its

representatives under Article 3 of the Employment Security Act of

1980 shall be conclusive and binding for all purposes concerning

this act. The findings of fact or law, judgment, conclusion or

final order of the Oklahoma Employment Security Commission or its

representatives shall not be conclusive or binding in any separate

or subsequent action or proceeding that does not involve the

Oklahoma Employment Security Commission and shall not be used as

evidence in any separate or subsequent action or proceeding in any

other forum regardless of whether or not the prior action was

between the same or related parties or involved the same facts.

Added by Laws 2007, c. 354, § 10, eff. Nov. 1, 2007.

§40-3-118.

Repealed by Laws 2022, c. 360, § 23, eff. Nov. 1, 2022.

§40-3-119.

2009.

Repealed by Laws 2009, c. 2, § 9, emerg. eff. March 12,

§40-3-120. Required filings by professional employer organizations

– Payment of contributions – Change of election.

REQUIRED FILINGS BY PROFESSIONAL EMPLOYER ORGANIZATIONS –

PAYMENT OF CONTRIBUTIONS – CHANGE OF ELECTION.

A. Each Professional Employer Organization, or PEO, shall file

all reports and pay all contributions required by the Employment

Security Act of 1980 and the Rules of the Oklahoma Employment

Security Commission under one of the following two options. The PEO

may choose the option under which it will report and pay. All PEOs

that do not exercise their option within the compliance date in

subsections C and D of this section shall be assigned to option 1

below. All current client accounts and client accounts set up or

acquired after the election shall be reported and paid according to

the option elected by the PEO or the option assigned to the PEO if

no election is made. The two options are as follows:

1. The PEO shall file quarterly tax returns to report the wages

of all covered employees of all its clients and pay all

contributions due on those wages under one account of the PEO; or

Oklahoma Statutes - Title 40. Labor

2. The PEO shall file quarterly tax returns to report the wages

of all covered employees under the direction and control of each

client and pay all contributions due on those wages under the

account assigned to that client by the Oklahoma Employment Security

Commission; provided:

a.

a PEO choosing this option shall notify the Oklahoma

Employment Security Commission in writing,

b.

a PEO choosing this option shall assist the Commission

in the process of the separation and identification of

the contribution history, the benefit experience

history, and the payroll of each of its clients, and

the Commission shall transfer that experience to the

client account,

c.

the Commission shall determine the tax rate of each

client account separately based upon the client's

contribution history, benefit experience history and

actual payroll,

d.

if there is not sufficient experience in the client

account after the transfer of experience to establish

a tax rate, the account will be assigned a tax rate

pursuant to Section 3-110.1 of this title, and

e.

a PEO choosing this option shall produce all

documentation and information necessary for the

Oklahoma Employment Security Commission to create the

client account within sixty (60) days of choosing this

option. If the information needed by the Commission

is not produced within this sixty-day period, the PEO

shall revert to reporting under the option provided

for in paragraph 1 of subsection A of this section.

B. Within thirty (30) days after the end of each calendar

quarter, each PEO shall file a list of all its clients setting out

the federal employer identification number, the name, the client's

contact information and the current registration certificate of the

PEO issued pursuant to Section 600.4 of this title. The client list

shall be filed in a format prescribed by the Oklahoma Employment

Security Commission. Materials submitted pursuant to this section

shall be deemed records submitted pursuant to the Oklahoma

Professional Employer Organization Recognition and Registration Act

and shall be treated as confidential and subject to the provisions

of subsection C of Section 600.6 of this title and Section 4-508 of

this title.

C. Any PEO with a current employer tax account with the

Oklahoma Employment Security Commission as of the effective date of

this act shall comply with the provisions of this section no later

than January 1, 2015.

D. Any PEO that does not have a current employer tax account

with the Oklahoma Employment Security Commission as of the effective

Oklahoma Statutes - Title 40. Labor

date of this act shall comply with the provisions of this section

upon becoming liable for contributions under the Employment Security

Act of 1980.

E. After the initial election or assignment of the option

provided for in subsection A of this section, a PEO shall be

permitted to change its election one time only. The change of

election shall be made by the PEO in writing. The election shall

become effective in the calendar year following the date the

Commission approves the election of the PEO. If the Commission

approves a change of election, all contribution history, benefit

experience history and payroll of each client shall be transferred

to the pooled account, if the option in paragraph 1 of subsection A

of this section is chosen, or the individual client accounts, if the

option in paragraph 2 of subsection A of this section is chosen.

Added by Laws 2014, c. 221, § 2, eff. Nov. 1, 2014. Amended by Laws

2016, c. 287, § 11, eff. Nov. 1, 2016.

§40-3-121. Professional Employer Organizations – Transfer of

experience history.

PROFESSIONAL EMPLOYER ORGANIZATIONS – TRANSFER OF EXPERIENCE

HISTORY.

If a Professional Employer Organization, or PEO, chooses the

option to file quarterly tax returns under the account assigned to

its client pursuant to paragraph 2 of subsection A of Section 3-120

of this title, and if the client has an experience history from a

previous account assigned to that client that can be used in

calculating an earned tax rate pursuant to the provisions of Article

3, Part 1, of the Employment Security Act of 1980, then that

experience history shall be transferred to the account assigned to

that client as a coemployer of that PEO. In addition, if taxable

wages were reported by a client in a previous account of the client

within the calendar year in which the PEO coemployer account is set

up, then the PEO coemployer account shall be given credit for the

taxable wages paid on each employee in the immediately previous

account under which client wages were reported.

Added by Laws 2016, c. 287, § 12, eff. Nov. 1, 2016. Amended by

Laws 2017, c. 345, § 5, eff. July 1, 2017.

§40-3-201.

Repealed by Laws 2024, c. 114, § 7, eff. Nov. 1, 2024.

§40-3-202. Termination of coverage.

TERMINATION OF COVERAGE.

Termination of coverage with respect to 1977 or prior years

shall be determined in accordance with provisions applicable to

those years. Except as otherwise provided in Section 3-203 of this

title, an employing unit shall cease to be an employer subject to

this act only as of the first day of any calendar year and only if

Oklahoma Statutes - Title 40. Labor

it files with the Commission, during January of such year, a written

application for termination of coverage, and the Commission finds

that there were (1) no calendar quarter within the preceding

calendar year in which such employing unit paid for service in

employment wages of One Thousand Five Hundred Dollars ($1,500.00) or

more or (2) no twenty (20) different days, each day being in a

different calendar week within the preceding calendar year, within

which such employing unit employed one or more individuals in

employment subject to this act; provided further that religious,

charitable, educational or other organizations covered under

paragraph 8 of Section 1-208 of this title shall be so terminated if

the Commission finds that there were no twenty (20) different days,

each day being in a different calendar week within the preceding

calendar year, within which such employing unit employed four or

more individuals in employment subject to this act. Provided

further that agricultural labor as covered under paragraph 10 of

Section 1-208 of this title shall be so terminated if the Commission

finds that there were (1) no calendar quarter within the preceding

calendar year in which such employing unit paid wages of Twenty

Thousand Dollars ($20,000.00) or more, or (2) no twenty (20)

different days, each day being in a different calendar week within

the preceding calendar year, within which such employing unit

employed ten (10) or more individuals in employment subject to this

act; provided further that domestic service as covered under

paragraph 11 of Section 1-208 of this title shall be terminated if

the Commission finds that there were no calendar quarters within the

preceding calendar year in which such employing unit paid wages of

One Thousand Dollars ($1,000.00) or more. Provided, however, that if

the Federal Congress shall, by amendment to the Federal Unemployment

Tax Act, redefine the term employer to include employing units not

qualified as employers under this section, all of the provisions of

this act shall be applicable to such employing units. For the

purposes of this section, the two or more employing units mentioned

in paragraph 2, 3 or 4 of Section 1-208 of this title shall be

treated as a single employing unit.

Added by Laws 1980, c. 323, § 3-202, eff. July 1, 1980. Amended by

Laws 2005, c. 182, § 9, eff. Nov. 1, 2005.

§40-3-203. Election by employer.

ELECTION BY EMPLOYER.

A. An employing unit, not otherwise subject to the Employment

Security Act of 1980, which files with the Oklahoma Employment

Security Commission its written election to become an employer

subject hereto for not less than two (2) calendar years shall, with

the written approval of the election by the Commission, become an

employer subject hereto to the same extent as all other employers,

as of the date stated in the approval, and shall cease to be subject

Oklahoma Statutes - Title 40. Labor

hereto as of January 1 of any calendar year subsequent to the two

(2) required calendar years, only if during January of that year it

has filed with the Commission a written application for termination

of coverage as provided in this section.

B. Any employing unit for which services that do not constitute

employment as defined in the Employment Security Act of 1980 are

performed may file with the Commission a written election that all

such services with respect to which payments are not required under

an employment security law of any other state or of the federal

government and which are performed by individuals in its employ in

one or more distinct establishments or places of business shall be

deemed to constitute employment by an employer for all the purposes

of the Employment Security Act of 1980 for not less than two (2)

calendar years. Upon the written approval of the election by the

Commission, the services shall be deemed to constitute employment

subject to the Employment Security Act of 1980 from and after the

date stated in the approval. The services shall cease to be deemed

employment subject hereto as of January 1 of any calendar year

subsequent to the two (2) required calendar years, only if during

January of that year the employing unit has filed with the

Commission a written application for termination of the coverage.

C. The Commission may terminate the election of an employer or

employing unit made pursuant to subsection A or B of this section at

any time the Commission determines that the employer or employing

unit is not abiding by all requirements of the Employment Security

Act of 1980 and the rules for the administration of that act, or if

the employer or employing unit that has made an election for

coverage becomes delinquent in the payment of its unemployment tax

contributions, interest, penalties or fees.

D. If the Commission makes a determination that an application

of an employer or employing unit submitted under subsections A or B

of this section should be denied, or that a voluntary election

should be terminated under subsection C of this section, the

Commission shall notify the affected employer or employing unit in

writing. The notification of the determination shall be delivered

to the employer, or mailed to the employer's last-known address.

E. A determination made under this section may be appealed

pursuant to the provisions of Section 3-115 of this title.

Added by Laws 1980, c. 323, § 3-203, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 15, eff. Sept. 1, 1993; Laws 1997, c. 30, § 19,

eff. July 1, 1997; Laws 2006, c. 176, § 20, eff. July 1, 2006.

§40-3-301. Penalty and interest on past-due contributions.

PENALTY AND INTEREST ON PAST-DUE CONTRIBUTIONS.

A. If contributions are not paid on the date on which they are

due and payable as prescribed by the Oklahoma Employment Security

Commission, the whole or part thereafter remaining unpaid shall bear

Oklahoma Statutes - Title 40. Labor

interest at the rate of one percent (1%) per month for each month or

fraction thereof from and after such date until payment is received

by the Commission. The date on which payment of contributions is

deemed to have been received may be determined by such rules as the

Commission may prescribe.

B. If any employer fails or refuses to file contribution and

wage reports required under the provisions of this act within

fifteen (15) days after written notice has been mailed to the

employer by the Commission or its representative regardless of

whether or not any wages or taxable wages were paid, there shall

accrue a penalty of Two Hundred Dollars ($200.00). In addition to

such penalty, there shall be a penalty of ten percent (10%) added to

the total contributions due, collected and paid. Such penalties

shall be in addition to any interest due. The provisions of this

subsection shall not apply to employers that are subject to

subsection B of Section 3-806 of this title.

Added by Laws 1980, c. 323, § 3-301, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 17, operative July 1, 1981; Laws 1990, c. 333,

§ 7, emerg. eff. May 31, 1990; Laws 1993, c. 219, § 16, eff. Sept.

1, 1993; Laws 2006, c. 176, § 21, eff. July 1, 2006; Laws 2023, c.

346, § 2, eff. Nov. 1, 2023.

§40-3-302. Collections.

COLLECTIONS. A. If any employer defaults in any payment of

contributions, interest, penalty or fees thereon, the amount due may

be collected by civil action in the name of the State of Oklahoma.

Civil actions brought under this section to collect contributions,

interest, penalty or fees thereon from an employer shall be heard by

the court at the earliest possible date and shall be entitled to

preference upon the calendar of the court over all other civil

actions except petitions for judicial review under this act.

B. The courts of this state shall in like manner entertain

actions to collect contributions, interest, penalty or fees thereon

for which liability has accrued under the unemployment compensation

law of any other state or of the federal government.

C. No suit, including an action for a declaratory judgment,

shall be maintained and no writ or process shall be issued by any

court of this state which has the purpose or effect of restraining,

delaying, or forestalling the collection of any contributions,

interest, penalties and fees under this act or substituting any

collection procedure for those prescribed in this act.

Added by Laws 1980, c. 323, § 3-302, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 18, emerg. eff. June 25, 1981; Laws 1993, c.

219, § 17, eff. Sept. 1, 1993.

§40-3-303.

Priorities under legal dissolutions or distributions.

Oklahoma Statutes - Title 40. Labor

PRIORITIES UNDER LEGAL DISSOLUTIONS OR DISTRIBUTIONS. In the

event of any distribution of an employer's assets pursuant to an

order of any court or under the laws of this state, including any

receivership, assignment for benefit of creditors, adjudicated

insolvency, composition, or similar proceedings, all contributions,

interest, penalties and fees imposed by the provisions of this act

are hereby declared to constitute a lien in favor of the state upon

all franchises, property, and the rights to property, whether real

or personal, then belonging to or thereafter acquired by the person,

firm, corporation, partnership or association owing the

contribution, whether such property is employed by such person,

firm, corporation, partnership or association in the prosecution of

business, or is in the hands of an assignee, trustee, or receiver

for the benefit of creditors, from the date of the filing by the

Commission of a notice of claim of said lien in the office of the

county clerk of the county in which such property is located. Said

lien shall be in addition to any lien accrued by the filing of a tax

warrant as provided in this act. Said lien shall be prior, superior

and paramount to all other liens, or encumbrances of whatsoever kind

or character, attaching to any of said property subsequent to the

filing of such notice of claim of lien, except liens for other

taxes, in which event said lien shall be coequal, and claims for

wages of not more than Two Hundred Fifty Dollars ($250.00) to each

claimant, earned within six (6) months of the commencement of any

proceeding distributing an employer's assets pursuant to an order of

the court under the laws of this state. Said lien shall continue

until the amount of contribution, interest, penalty and fees due and

owing, and interest subsequently accruing thereon, is paid. In the

event of an employer's adjudication in bankruptcy, judicially

confirmed extension proposal, or composition, under the Federal

Bankruptcy Act of 1898, as amended, contributions then or thereafter

due shall be entitled to such priority as is provided in that act

for taxes due any state of the United States.

Added by Laws 1980, c. 323, § 3-303, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 19, emerg. eff. June 25, 1981; Laws 1993, c.

219, § 18, eff. Sept. 1, 1993.

§40-3-304. Refunds.

REFUNDS. If not later than three (3) years after the date on

which a specific report or return was required to be filed, an

employer, who has paid all amounts owing for that specific quarter,

may make application for an adjustment in connection with that

report or payment, or for a refund thereof because an adjustment

cannot be made, and if the Commission shall determine that payment

of the contributions, interest, penalty fees or any portion thereof

was erroneous, the Commission shall allow such employer to make an

adjustment thereof, without interest, in connection with subsequent

Oklahoma Statutes - Title 40. Labor

contribution payments by the employer, or if such adjustment cannot

be made, the Commission shall refund from the fund, without

interest, the amount erroneously paid. For like cause and within

the same period, adjustment or refund may be so made on the

Commission's own initiative.

Added by Laws 1980, c. 323, § 3-304, eff. July 1, 1980. Amended by

Laws 1992, c. 318, § 5, eff. July 1, 1992; Laws 1993, c. 219, § 19,

eff. Sept. 1, 1993.

§40-3-305. Assessments.

ASSESSMENTS.

A. If any employer shall fail to make any report or return as

required by the Employment Security Act of 1980, the Oklahoma

Employment Security Commission or its duly authorized

representative, from any information in the possession of or

obtainable by the Commission, may determine the amount of

contribution due from such employer, and shall mail a copy of the

assessment to the last-known address of the delinquent employer.

The assessment so made shall not preclude the Commission or its

representative from making field audits of the books and records,

wherever located, of the employer and from making further

adjustments, corrections or assessments. The assessments provided

for herein must be made, and a copy thereof delivered to the

employer or mailed to the last-known address of the employer, within

three (3) years after the date on which the report or return was

required to be filed.

B. Assessments under this section may be appealed pursuant to

the provisions of Section 3-115 of this title.

Added by Laws 1980, c. 323, § 3-305, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 20, emerg. eff. June 25, 1981; Laws 1990, c.

333, § 8, emerg. eff. May 31, 1990; Laws 1992, c. 318, § 6, eff.

July 1, 1992; Laws 1997, c. 30, § 16, eff. July 1, 1997; Laws 2006,

c. 176, § 22, eff. July 1, 2006.

§40-3-306. Jeopardy assessments.

JEOPARDY ASSESSMENTS. A. If the Commission, notwithstanding

that a return or report, or that contributions with respect thereto

may not yet be due, and whether prior to or after the close of the

period when any contribution may be due under the provisions of this

act, believes that:

1. An employer intends to depart or remove from the state, or

conceal himself or any of his property subject to a lien for the

payment of contributions;

2. An employer intends to discontinue business; or

3. An employer intends to do any other act tending to prejudice

or render wholly or partially ineffectual proceedings to compute,

Oklahoma Statutes - Title 40. Labor

assess or collect any contribution levied under the provisions of

this act,

the Commission shall declare the period for which any contributions

may become due to have terminated for such employer, and shall

immediately assess the contributions from any information in his

possession, notify the employer and demand immediate payment

thereof. In the event of any failure or refusal to pay the

contributions, by the employer upon the demand of the Commission,

the contributions shall immediately become delinquent and the

Commission shall proceed to collect the same as in other cases of

delinquent contributions.

B. The order of the Commission assessing the contributions may

be appealed from as provided in Part 4 of this Article 3, or the

employer may furnish to the Commission, under rules prescribed by

it, security that he will make any return or report thereafter to be

required to be filed with the Commission, and pay the contributions

with respect to the period for which such contributions will become

due. After security is approved and accepted, and such further and

other security with respect to the contributions covered thereby is

given as the Commission may, from time to time, find necessary and

require, the payment of such contributions shall not be enforced by

any proceedings prior to the expiration of the time otherwise

allowed for paying such contributions.

C. In cases where the assessment here authorized is made prior

to the close of the period for which contributions become due, and

in case the employer elects to pay his contribution rather than to

file a bond as herein provided for, the employer may pay the

Commission the sum assessed, together with additions to

contributions imposed by law, and at the time of making such payment

shall notify the Commission of his intention, at the close of the

period for which such contributions would have become due, to file

suit for recovery. Upon receipt of such notice, an account shall be

set up showing the amount paid until the termination of thirty (30)

days following the close of the period for which such contributions

were due, and if within such period, namely, within thirty (30) days

following the close of the period for which such contributions were

due, the employer files suit for recovery, the account shall be

further maintained pending the final determination of such suit,

after which it shall be terminated or refund made by the Commission

in accordance with the provisions of Section 3-304 of this title.

Added by Laws 1980, c. 323, § 3-306, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 20, eff. Sept. 1, 1993.

§40-3-307. Remittances - Deposit of monies - Returned checks Bogus check complaint.

A. All remittance under Section 1-101 et seq. of this title

shall be made payable to the Oklahoma Employment Security Commission

Oklahoma Statutes - Title 40. Labor

at Oklahoma City, Oklahoma, by automatic clearinghouse (ACH)

debit/credit, financial institution, draft, check, cashier's check,

electronic fund transfer, credit card, money order or money, and the

Commission shall issue its receipt, for cash or money payment, to

the payor. No remittance other than cash shall be in final

discharge of liability due the Commission unless and until it shall

have been paid in cash. All monies collected shall be deposited

with the State Treasurer. There shall be assessed, in addition to

any other penalties provided for by law, an administrative service

fee of Twenty-five Dollars ($25.00) on each check returned to the

Commission or any agent thereof by reason of the refusal of the

financial institution upon which such check was drawn to honor the

same. There shall be assessed, in addition to any other penalties

provided for by law, an administrative service fee of Twenty-five

Dollars ($25.00) on each electronic fund transfer that fails due to

insufficient funds in the payor's account.

B. Upon the return of any check by reason of the refusal of the

financial institution upon which such check was drawn to honor the

same, the Commission may file a bogus check complaint with the

appropriate district attorney who shall refer the complaint to the

Bogus Check Restitution Program established by Section 111 of Title

22 of the Oklahoma Statutes. Funds collected through the program

after collection of the fee authorized by Section 114 of Title 22 of

the Oklahoma Statutes for deposit in the Bogus Check Restitution

Program Fund in the county treasury shall be transmitted to the

Commission and credited to the liability for which the returned

check was drawn along with the administrative service fee provided

by this section.

C. The Commission shall promulgate rules for the deadlines of

payment of unemployment taxes and the method of payment.

Added by Laws 1990, c. 333, § 9, emerg. eff. May 31, 1990. Amended

by Laws 2011, c. 256, § 13; Laws 2021, c. 424, § 12, eff. Nov. 1,

2021; Laws 2022, c. 360, § 20, eff. Nov. 1, 2022.

§40-3-308. Perjury - Punishment.

Any person, or member of any firm or association, or any

officer, agent, or employee of any corporation, who shall knowingly

make false answer to any question which may be put to him by the

Oklahoma Employment Security Commission, touching the business or

property of any such person, firm, association, or corporation, or

the valuation thereof, or who shall make or present any false

statement filed with said Commission or required to be filed by this

title or by any state unemployment compensation law, shall be guilty

of perjury, and upon conviction, shall be punished as provided for

in Section 4-506 of Title 40 of the Oklahoma Statutes.

Added by Laws 1990, c. 333, § 10, emerg. eff. May 31, 1990.

Oklahoma Statutes - Title 40. Labor

§40-3-309. Collection of delinquent contributions, penalties,

interest or fees.

COLLECTION OF DELINQUENT CONTRIBUTIONS, PENALTIES, INTEREST OR

FEES.

When a determination that an employer owes delinquent

contributions, penalties, interest or fees becomes final, the

Oklahoma Employment Security Commission shall be entitled to proceed

by levy to collect any delinquent contribution and to collect any

penalty, interest or fees due and owing as a result of the

delinquency. Provided, that upon proper application under the

procedures outlined herein, the Assessment Board of the Oklahoma

Employment Security Commission may issue an order continuing or

modifying the levy for the collection of delinquent contributions,

penalties, interest or fees.

Added by Laws 1990, c. 333, § 11, emerg. eff. May 31, 1990. Amended

by Laws 1993, c. 219, § 21, eff. Sept. 1, 1993; Laws 2012, c. 196, §

10, emerg. eff. May 8, 2012.

§40-3-310. Waiver of penalty or interest.

A. Any penalty or interest, or any portion thereof, assessed

because an employer or employee fails to file a report or remit

payment as required by Section 1-101 et seq. of this title may be

waived by the Oklahoma Employment Security Commission provided the

failure of the employer or employee to file a report or remit

payment:

1. Is satisfactorily explained to the Commission;

2. Has resulted from a mistake by the employer or employee of

either the law or the facts subjecting the employer or employee to

file the report or remit payment; or

3. Results from insolvency.

B. Provided, no waiver of penalty or interest assessed for

failure to file a report or remit payment as required by this act

shall be granted unless the request for waiver is filed with the

Commission within a three-year period from the date the penalty or

interest was assessed or accrued.

Added by Laws 1992, c. 318, § 12, eff. July 1, 1992. Renumbered

from § 5-109 of this title by Laws 1993, c. 219, § 36, eff. Sept. 1,

1993. Amended by Laws 1994, c. 195, § 5, emerg. eff. May 16, 1994;

Laws 2006, c. 176, § 23, eff. July 1, 2006.

§40-3-311. Forfeiture of terminated employer unemployment tax

account overpayments.

FORFEITURE OF TERMINATED EMPLOYER UNEMPLOYMENT TAX ACCOUNT

OVERPAYMENTS.

A. It is the fiduciary duty of the Oklahoma Employment Security

Commission to return overpayments received in the employer's

unemployment tax account. Upon the termination of the employer's

Oklahoma Statutes - Title 40. Labor

unemployment tax account, the Commission will issue a refund of any

remaining credit balance that is equal to or greater than One

Hundred Dollars ($100.00) by mailing it to the last address provided

by the employer. If an employer's unemployment tax account has been

terminated and has a credit balance that has been at that level for

a period of one hundred eighty (180) days or more without a refund

being requested from the employer, the Commission will reduce the

balance of that unemployment tax account to zero (0) and consider

the credit to be forfeited after the Commission has exercised its

fiduciary duty.

B. Once the Commission has completed its fiduciary duty in

facilitating the return of the credit to the employer, based upon

the most current mailing address provided by the employer, the

Commission can assume its fiduciary duty is completed. If the

refund of the overpayment is returned to the Commission, the

employer shall consider the funds forfeited and will be prohibited

from requesting the credit balance in the future. All returns of

overpayment shall be returned to the clearing account as set forth

in Section 3-604 of this title.

Added by Laws 2021, c. 424, § 13, eff. Nov. 1, 2021. Amended by

Laws 2023, c. 346, § 3, eff. Nov. 1, 2023.

§40-3-401. Appeals to district court.

APPEALS TO DISTRICT COURT.

After the administrative appeal hearing process provided for in

Article III of this title is complete, any order, ruling or finding

that directly affects an employer or the Oklahoma Employment

Security Commission may be appealed by the affected entity to the

district court of the county of residence, or principal place of

business, of the employer; provided, however, if the employer is a

nonresident of this state, then to the district court of Oklahoma

County.

Added by Laws 1980, c. 323, § 3-401, eff. July 1, 1980. Amended by

Laws 2002, c. 452, § 23, eff. Nov. 1, 2002.

§40-3-402.

Repealed by Laws 1998, c. 161, § 15, eff. July 1, 1998.

§40-3-403. Petition for review and transcript of Commission

proceedings.

PETITION FOR REVIEW AND TRANSCRIPT OF COMMISSION PROCEEDINGS.

Within thirty (30) days after the date of mailing of the order,

ruling, or finding complained of, the party desiring to appeal shall

file in the office of the clerk of the district court of the county

that has the proper jurisdiction, a Petition for Review specifying

the grounds upon which the appeal is based. The Petition for Review

shall set out the names of all parties to the case in the style of

the case, which shall include:

Oklahoma Statutes - Title 40. Labor

1. The petitioner or entity filing the petition;

2. The Assessment Board as a respondent; and

3. All other parties in the proceeding before the Assessment

Board as respondents.

If a Petition for Review is not filed within the time allowed by

this section, the administrative order, ruling or finding will

become final and the district court will not have jurisdiction to

consider the appeal. The appealing party shall serve a file-stamped

copy of the Petition for Review on all opposing parties or their

attorneys and the Director of the Appellate Division of the Oklahoma

Employment Security Commission. The Director of the Appellate

Division shall then cause a certified transcript of the hearing to

be made which shall consist of all testimony of the parties, all

documentary evidence and other evidence introduced at the hearing,

and all decisions, judgments, or orders rendered as a result of the

hearing. The Director of the Appellate Division shall then cause

the certified transcript to be filed in the appropriate district

court within sixty (60) days of receipt of the Petition for Review.

Copies of the transcript shall be mailed by the Director of the

Appellate Division to all parties named in the style of the case on

the Petition for Review.

Added by Laws 1980, c. 323, § 3-403, eff. July 1, 1980. Amended by

Laws 1998, c. 161, § 12, eff. July 1, 1998; Laws 2007, c. 354, § 11,

eff. Nov. 1, 2007; Laws 2013, c. 71, § 13, eff. Nov. 1, 2013.

§40-3-404. Commission's conclusions of facts conclusive.

COMMISSION'S CONCLUSIONS OF FACTS CONCLUSIVE. In any judicial

review under this part the findings of the Commission, or its duly

authorized representative, as to the facts, if supported by evidence

and in the absence of fraud, shall be conclusive, and the

jurisdiction of the court shall be confined to questions of law.

Added by Laws 1980, c. 323, § 3-404, eff. July 1, 1980.

§40-3-405. Deposit of assessment required.

DEPOSIT OF ASSESSMENT REQUIRED.

As a condition precedent to the right of an employer to

prosecute an appeal, and as a jurisdictional prerequisite of the

district court to entertain the appeal, it is specifically provided

that, if the appeal be from an order, judgment, finding, or ruling

of the Oklahoma Employment Security Commission or its duly

authorized representative, the employer shall pay to the Commission

all amounts owing in the employer’s account. Any amounts so paid

shall, pending the final determination of the appeal, be reflected

by the Commission in the employer’s account, and if, upon a final

determination of the appeal the order of the Commission is reversed

or modified and it is determined that the contribution or part

thereof was erroneously assessed, or the contributions, penalties,

Oklahoma Statutes - Title 40. Labor

interest or fees should not be owed to the Commission, the amount

paid by the employer shall be refunded to the employer by the

Commission.

Added by Laws 1980, c. 323, § 3-405, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 22, eff. Sept. 1, 1993; Laws 2002, c. 452, §

24, eff. Nov. 1, 2002.

§40-3-406. Bond in lieu of cash deposit.

BOND IN LIEU OF CASH DEPOSIT. In lieu of the cash payment

provided for in Section 3-405 of this title, the employer may file

with the Commission a surety bond issued by an insurance company

that is licensed by the Oklahoma Insurance Department to issue

surety bonds in this state. The surety bond must be issued in an

amount that is double the amount of the contribution, penalties,

interest and fees assessed or owing, and include the conditions that

the employer will faithfully and diligently prosecute the appeal to

a final determination, and, in the event the order, judgment, ruling

or finding of the Commission or its duly authorized representative

be affirmed on appeal, will pay the contributions, interest,

penalty, costs and fees assessed against, or owing by, the employer.

Added by Laws 1980, c. 323, § 3-406, eff. July 1, 1980. Amended by

Laws 1992, c. 318, § 7, eff. July 1, 1992; Laws 1993, c. 219, § 23,

eff. Sept. 1, 1993.

§40-3-407.

Repealed by Laws 2005, c. 182, § 15, eff. Nov. 1, 2005.

§40-3-408. Part construed to provide legal remedy.

PART CONSTRUED TO PROVIDE LEGAL REMEDY. This part shall be

construed to provide a legal remedy by action at law in cases where

any contribution, or the method of collection or enforcement thereof

or any order, ruling, finding or judgment of the Commission or its

duly authorized representative, is complained of or is sought to be

enjoined in any action in any court of this state or the United

States of America.

Added by Laws 1980, c. 323, § 3-408, eff. July 1, 1980.

§40-3-500. Levy on accounts.

LEVY ON ACCOUNTS.

As used in Part 5 of Article 3 of the Employment Security Act of

1980:

1. "Bank" means any state bank or banking association, national

bank or banking association, savings and loan company, credit union,

or any other financial institution;

2. "Bank account" means any checking or savings account the tax

debtor has with any bank;

Oklahoma Statutes - Title 40. Labor

3. “Contract proceeds” means any payment or exchange of assets

due to a tax debtor from any contract the tax debtor is a party to

or a beneficiary of;

4. “Contracting entity” means any person, partnership,

corporation, limited liability company or legal entity of any kind

that owes money to a tax debtor due to the provisions of a contract

the entity is bound by;

5. “Earnings” means any form of payment to any individual

including, but not limited to, salary, wages, commissions, or other

compensation;

6. “Employer” means any person, partnership, corporation,

limited liability company or legal entity of any kind that owes

earnings to a tax debtor; and

7. “Tax debtor” means any person, partnership, corporation,

limited liability company or legal entity of any kind that owes the

Oklahoma Employment Security Commission any amount for delinquent

state unemployment taxes, interest, penalties, fees or surcharge.

Added by Laws 2012, c. 196, § 11, emerg. eff. May 8, 2012.

§40-3-501. Commission to issue warrants.

COMMISSION TO ISSUE WARRANTS. If any contribution imposed by

the provisions of this act, or any portion of said contribution, be

not paid before the same becomes delinquent, the Commission may

immediately issue a warrant under its official seal, directed to the

sheriff of any county of the state, commanding him to levy upon and

sell any real or personal property of any delinquent employer found

within his county for the payment of the delinquent contribution,

interest, penalty and fees and the cost of executing the warrant,

and to return such warrant to the Commission, and to pay it any

moneys collected by virtue thereof, by a time to be therein

specified, not more than sixty (60) days from the date of the

warrant.

Added by Laws 1980, c. 323, § 3-501, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 21, emerg. eff. June 25, 1981; Laws 1993, c.

219, § 24, eff. Sept. 1, 1993.

§40-3-502. Filing warrant with county clerk.

FILING WARRANT WITH COUNTY CLERK. The Commission may also file

a copy of its warrant with the county clerk of the county or

counties in which the employer has property and thereupon the county

clerk shall index the warrant in the same manner as judgments using

the name of the delinquent employer named in the warrant, a short

name for the contribution, or tax imposed, and the amount of the

contributions, interest, penalty and fees for which the warrant was

issued, and the date upon which the copy was filed, and shall index

the warrant against the real property described therein, if any is

described. If the county clerk charges a fee for the filing of the

Oklahoma Statutes - Title 40. Labor

warrant, the Commission may add the amount of the fee to the

indebtedness owing by the delinquent employer named in the warrant.

Added by Laws 1980, c. 323, § 3-502, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 22, emerg. eff. June 25, 1981; Laws 1993, c.

219, § 25, eff. Sept. 1, 1993; Laws 1995, c. 340, § 19, eff. July 1,

1995.

§40-3-503. Filed warrant is lien.

FILED WARRANT IS LIEN. The filing of said warrant in the office

of the county clerk of said county shall constitute and be evidence

and notice of the state's lien upon the title to any interest in any

real or personal property of the delinquent employer against whom

such warrant is issued. Such lien shall be in addition to any and

all other liens existing in favor of the state to secure the payment

of such unpaid contribution, interest, penalty, fees and costs, and

such lien shall be paramount and superior to all other liens of

whatsoever kind or character, attaching to any of said property

subsequent to the date of such recording and shall be in addition to

any other lien provided for in this act. This lien on personal

property shall be permanent and continuing without any requirement

for executions under Section 735 of Title 12 of the Oklahoma

Statutes or any other similar statute. This lien on personal

property of the State of Oklahoma shall continue until the amount of

the tax, contribution, penalty, interest and fees are paid. This

lien shall continue on real property until released by payment or

for a maximum of ten (10) years after the date of its filing.

Added by Laws 1980, c. 323, § 3-503, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 23, emerg. eff. June 25, 1981; Laws 1982, c.

81, § 1; Laws 1993, c. 219, § 26, eff. Sept. 1, 1993.

§40-3-504. Sheriff to execute warrant in same manner as judgment.

SHERIFF TO EXECUTE WARRANT IN SAME MANNER AS JUDGMENT. Upon

receiving such warrant the sheriff shall proceed to execute said

warrant in all respects with like effect and in the same manner

prescribed by law in respect to executions against property upon

judgment of the court of record; and such sheriff shall execute and

deliver to the purchaser a bill of sale or deed, as the case may be.

Any purchaser, other than the State of Oklahoma, shall be entitled,

upon application to the court having jurisdiction of the property,

to have confirmation (the procedure for which shall be the same as

is now provided for the confirmation of a sale under execution) of

such sale prior to the issuance of a bill of sale or deed. The

State of Oklahoma shall be authorized to make bids at any such sale

to the amount of contributions, penalties, interest, costs and fees

accrued. In the event such bid is successful, the sheriff shall

issue a proper muniment of title to the Commission, which said

Commission shall hold such title for the use and benefit of the

Oklahoma Statutes - Title 40. Labor

State of Oklahoma; and any delinquent employer, or transferee of

such delinquent employer, shall have the right, at any time within

one (1) year from the date of such sale, to redeem such property,

upon the payment of all contributions, penalties, interest, costs

and fees accrued to the date of redemption. Such applicant shall

not be entitled to a credit upon such contributions, penalties,

interest, costs and fees, by reason of any revenue that might have

accrued to the State of Oklahoma or other purchaser under sale prior

to such redemption. After the expiration of the period of

redemption herein provided, the State of Oklahoma may sell such

property at public auction, upon giving thirty (30) days' notice,

published in a newspaper of general circulation in the county where

such property is located, to the highest and best bidder for cash;

and upon a sale had thereof, or when a redemption is made, the

Commission for and on behalf of the State of Oklahoma shall issue

its bill of sale or quit claim deed to the successful bidder or to

the redemptioner. The sheriff shall be entitled to the same fee for

his services in executing the warrant, as he would be entitled to

receive if he were executing an execution issued by the court clerk

of said county upon a judgment of a court of record.

Added by Laws 1980, c. 323, § 3-504, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 27, eff. Sept. 1, 1993.

§40-3-505. Failure of sheriff to execute warrant.

FAILURE OF SHERIFF TO EXECUTE WARRANT. If any sheriff shall

refuse or neglect to levy upon and sell any real or personal

property of any delinquent employer as directed by any warrant

issued by the Commission, or shall refuse or neglect, on demand, to

pay over to the Commission, its representatives or attorneys, all

moneys by him collected or received under any warrant issued by the

said Commission, at any time after collecting or receiving the same,

such sheriff or other officer shall, upon motion of the Commission

in court, and after thirty (30) days' notice thereof, in writing, be

amerced in the amount for which any such warrant was issued,

together with all penalties and costs and with an additional penalty

of ten percent (10%) thereon, to and for the use of the State of

Oklahoma. Every surety of any sheriff or officer shall be made a

party to the judgment rendered as aforesaid against the sheriff or

other officer.

Added by Laws 1980, c. 323, § 3-505, eff. July 1, 1980.

§40-3-506. State may be made party defendant.

STATE MAY BE MADE PARTY DEFENDANT. In any action involving the

title to real estate, or the ownership or right to possession of

personal property, the State of Oklahoma may be made a party

defendant for the purpose of determining any lien claimed by it upon

the property involved therein; and in any such action, service of

Oklahoma Statutes - Title 40. Labor

summons upon the Commission or any member thereof shall be a

sufficient service and binding upon the State of Oklahoma.

Added by Laws 1980, c. 323, § 3-506, eff. July 1, 1980.

§40-3-507. Injunctions.

INJUNCTIONS. When any reports required under this act have not

been filed or may be insufficient to furnish all the information

required by the Commission, or when the contributions imposed by

this act have not been paid, the Commission may institute, in the

name of the State of Oklahoma, upon the relation of the Commission,

any necessary action or proceeding to enjoin such persons, firm,

association or corporation from continuing operations until such

reports have been filed or contributions paid as required, and in

all proper cases injunction shall be issued without a bond being

required from the state.

Added by Laws 1980, c. 323, § 3-507, eff. July 1, 1980.

§40-3-508. Appointment of receiver.

APPOINTMENT OF RECEIVER. Upon a proper showing in any action

under Section 3-507 that contributions are in danger of being lost

or rendered uncollectible by reason of the mismanagement,

dissipation or concealment of the property by the taxpayer and a

request for the appointment of a receiver for the management of the

taxpayer is made, a receiver shall be appointed.

Added by Laws 1980, c. 323, § 3-508, eff. July 1, 1980.

§40-3-509. Levy on bank accounts.

LEVY ON BANK ACCOUNTS.

A. If any tax debtor shall fail to pay his or her indebtedness

to the Oklahoma Employment Security Commission after the tax debtor

has been notified of the amount due and demand for payment has been

made, it shall be lawful for the Oklahoma Employment Security

Commission to collect the amount owed by levy upon any bank account

of the tax debtor.

B. To levy upon a tax debtor's bank account, the Oklahoma

Employment Security Commission must serve a Notice of Levy on the

bank in which the tax debtor has an account, along with the tax

warrants covering all calendar quarters in which the tax debtor owes

unemployment taxes, interest, penalty, fees, or surcharge.

C. Service of the Notice of Levy and tax warrants shall be made

on the bank in the same manner as provided in Section 2004 of Title

12 of the Oklahoma Statutes for service of process in civil actions.

D. Upon receiving the Notice of Levy and any tax warrants

issued against the tax debtor, the bank shall deliver all of the tax

debtor's interest in the money in the tax debtor's bank account at

the time of the service of the levy, subject to the banker's lien or

right of setoff, or any other priority claim of the bank, up to the

Oklahoma Statutes - Title 40. Labor

amount of indebtedness indicated on the tax warrants plus accrued

interest pursuant to subsection A of Section 3-301 of Title 40 of

the Oklahoma Statutes and any fees for service of process, to the

representative of the Commission indicated on the Notice of Levy.

The delivery of this money shall occur within ten (10) days of the

date of service of the Notice of Levy.

E. If there is no money in the tax debtor's bank account at the

time the Notice of Levy is served, or if the bank account has been

closed, an officer of the bank on which the Notice of Levy is served

shall make a statement to that effect on the Notice of Levy. The

statement must be notarized and returned to the representative of

the Oklahoma Employment Security Commission named in the Notice of

Levy.

F. The Sheriff's Department that serves the Notice of Levy on

the bank shall be entitled to a service fee of Fifty Dollars

($50.00) that is to be paid by the Oklahoma Employment Security

Commission and added to the tax debtor's indebtedness as a fee in

the latest calendar quarter for which the tax debtor has any type of

indebtedness.

Added by Laws 1992, c. 318, § 9, eff. July 1, 1992. Amended by Laws

2012, c. 196, § 12, emerg. eff. May 8, 2012.

§40-3-510. Enforcement of bank levy.

ENFORCEMENT OF BANK LEVY. A. Any bank that fails or refuses to

surrender any money or rights to money in a bank account subject to

levy, upon being served with a Notice of Levy and supporting tax

warrants of the Oklahoma Employment Security Commission, shall be

liable to the Oklahoma Employment Security Commission in a sum equal

to the amount of money or rights to money not so surrendered, but

not exceeding the amount of the tax debtor's indebtedness for the

collection of which the levy has been made, together with accrued

interest pursuant to subsection A of Section 3-301 of this title,

and the cost of service of the Notice of Levy. Any amount recovered

under this subsection shall be credited against the liability for

taxes, interest, penalty, fees, and surcharge, for the collection of

which the levy was made.

B. Any bank in possession of money or rights to money subject

to levy, upon which a levy has been made, that surrenders such money

or rights to money to the Oklahoma Employment Security Commission

shall be discharged from any obligation or liability to the tax

debtor and any other person or entity with respect to such money or

rights to money arising from the surrender or payment.

Added by Laws 1992, c. 318, § 10, eff. July 1, 1992.

§40-3-511. Levy upon earnings of tax debtor.

LEVY UPON EARNINGS OF TAX DEBTOR.

Oklahoma Statutes - Title 40. Labor

A. If any tax debtor shall fail to pay his or her indebtedness

to the Oklahoma Employment Security Commission after the tax debtor

has been notified of the amount due and demand for payment has been

made, it shall be lawful for the Oklahoma Employment Security

Commission to collect the amount owed by levy upon any earnings or

contract proceeds of the tax debtor.

B. To levy upon the earnings of a tax debtor or contract

proceeds owed to a tax debtor, the Oklahoma Employment Security

Commission must serve a Notice of Levy on the employer who employs

the tax debtor or the contracting entity that owes money under

contract to the tax debtor, along with the tax warrants covering all

quarters in which the tax debtor owes unemployment taxes, interest,

penalties, fees or surcharge. The levy will have the same priority,

and be subject to the same exceptions, as a continuing earnings

garnishment provided for in Section 1173.4 of Title 12 of the

Oklahoma Statutes. The following procedures will apply to a Notice

of Levy served on an employer or contracting entity:

1. The employer or contracting entity shall answer the Notice

of Levy on a form provided by the Commission. The employer or

contracting entity shall follow the procedure for answering a

continuing earnings garnishment as set out in subsection F of

Section 1173.4 of Title 12 of the Oklahoma Statutes;

2. The Notice of Levy shall be a lien on the debtor's property

in the same manner as provided for in subsection G of Section 1173.4

of Title 12 of the Oklahoma Statutes. The Notice of Levy shall also

be subject to the procedures and time limits set out in subsections

H, I, J and K of Section 1173.4 of Title 12 of the Oklahoma

Statutes, except that when a document is required to be filed with

the clerk of the court, the document will instead be filed with the

Commission as directed on the forms provided;

3. The employer or contracting entity shall deliver all funds

subject to the levy up to the amount of indebtedness indicated on

the tax warrants plus accrued interest pursuant to subsection A of

Section 3-301 of this title and any fees for service of process to

the representative of the Commission indicated on the Notice of

Levy. The delivery of this money shall occur within ten (10) days

of the date the earnings or contract proceeds are due to be paid to

the tax debtor;

4. Any employer that fails or refuses to surrender money or

rights to money belonging to its employee in the employer's

possession, or that fails or refuses to make the appropriate

deduction from wages pursuant to a levy provided for by this statute

upon being served with a Notice of Levy and supporting warrant of

levy and lien of the Commission, shall be liable to the Commission

in a sum equal to the amount of money, rights to money, or wage

deduction not so surrendered, but not exceeding the amount of the

debtor's indebtedness for the collection of which the levy has been

Oklahoma Statutes - Title 40. Labor

made, together with accrued interest and penalty pursuant to Section

3-301 of this title, and the cost of service of the Notice of Levy.

Any amount recovered in this manner shall be credited against the

liability of the debtor for which the levy was made; and

5. Any employer in possession of money or rights to money

subject to levy upon which a levy has been made that surrenders the

money or rights to money to the Commission shall be discharged from

any obligation or liability to the debtor and any other person or

entity with respect to such money or rights to money arising from

the surrender or payment.

C. Service of the Notice of Levy and tax warrants shall be made

on the employer or contracting entity in the same manner as provided

in Section 2004 of Title 12 of the Oklahoma Statutes for service of

process in civil actions.

D. The sheriff's department that serves the Notice of Levy on

the employer or contracting entity shall be entitled to a service

fee of Fifty Dollars ($50.00) that is to be paid by the Oklahoma

Employment Security Commission and added to the tax debtor's

indebtedness as a fee in the latest calendar quarter for which the

tax debtor has any type of indebtedness.

E. Claims for Exemption and any other matter related to the

levy shall be filed with the Assessment Board of the Oklahoma

Employment Security Commission. An Order of Exemption may relate

back no more than thirty (30) days before the filing of the Claim

for Exemption and shall extend no further than the expiration date

or termination of the levy. Appeal from the Assessment Board shall

be governed by the appeal procedures set out in Part 4 of Article

III of the Employment Security Act of 1980, and the Administrative

Rules of the Oklahoma Employment Security Commission pertaining

thereto.

Added by Laws 2012, c. 196, § 13, emerg. eff. May 8, 2012. Amended

by Laws 2015, c. 249, § 15, eff. Nov. 1, 2015.

§40-3-512. Treasury offset program – Delinquent unemployment taxes.

TREASURY OFFSET PROGRAM – DELINQUENT UNEMPLOYMENT TAXES.

A. The Oklahoma Employment Security Commission shall be

authorized to collect state unemployment tax indebtedness

established pursuant to Article 3 of the Employment Security Act of

1980, through the Tax Offset Program of the U.S. Department of the

Treasury pursuant to 26 U.S.C., Section 6402(f) and 31 CFR, Section

285.8.

B. Before submitting an indebtedness to the U.S. Department of

the Treasury for collection through the Tax Offset Program, the

Oklahoma Employment Security Commission shall notify the debtor in

writing of the amount of the debt and the time period the

indebtedness accrued. The notification shall give the debtor sixty

(60) days from the date of mailing of the notice to present evidence

Oklahoma Statutes - Title 40. Labor

to the Commission that all or a part of the indebtedness is not

legally enforceable or is otherwise invalid.

C. If the debtor responds to the notice by presenting evidence,

the Commission shall evaluate the evidence and review its records of

the indebtedness. Based on this evaluation and review, the

Commission may modify the amount of the indebtedness. Once the

evaluation and review process is complete, the indebtedness shall be

submitted to the U.S. Department of Treasury for collection through

the Tax Offset Program.

D. If no evidence is presented by the debtor within the sixtyday time period allowed by the notice, the amount of the

indebtedness will be submitted to the U.S. Department of the

Treasury for collection through the Tax Offset Program.

E. If the Oklahoma Employment Security Commission receives an

erroneous payment from the U.S. Department of the Treasury, the

Oklahoma Employment Security Commission shall return the payment to

the U.S. Department of the Treasury. If the money that was

erroneously paid to the Oklahoma Employment Security Commission had

been credited to a state unemployment tax indebtedness, that

indebtedness shall be reinstated to the amount that existed before

the payment was credited.

Added by Laws 2015, c. 249, § 16, eff. Nov. 1, 2015.

§40-3-601. Establishment of unemployment compensation fund.

ESTABLISHMENT OF UNEMPLOYMENT COMPENSATION FUND. There is

hereby established as a special fund, separate and apart from all

public moneys or funds of this state, the Unemployment Compensation

Fund, which shall be administered by the Commission exclusively for

the purpose of this act. This fund shall consist of (1) all

contributions collected pursuant to this act, together with any

interest thereon collected pursuant to this act; (2) all penalties

collected pursuant to the provisions of this act; (3) interest

earned upon any moneys in the fund; (4) any property or securities

acquired through the use of moneys belonging to the fund; (5) all

earnings of such property or securities; and (6) all other moneys

received for the fund from any other source. All moneys in the fund

shall be mingled and undivided.

Added by Laws 1980, c. 323, § 3-601, eff. July 1, 1980.

§40-3-602. State Treasurer custodian of fund.

STATE TREASURER CUSTODIAN OF FUND. The State Treasurer shall be

ex officio the treasurer and custodian of the fund who shall

administer such fund in accordance with the directions of the

Commission and shall issue his warrants upon it in accordance with

such rules as the Commission shall prescribe.

Added by Laws 1980, c. 323, § 3-602, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 28, eff. Sept. 1, 1993.

Oklahoma Statutes - Title 40. Labor

§40-3-603. State Treasurer to maintain three accounts.

STATE TREASURER TO MAINTAIN THREE ACCOUNTS. The State Treasurer

shall maintain within the Fund three separate accounts: (1) a

clearing account, (2) an unemployment trust fund account, and (3) a

benefit account.

Added by Laws 1980, c. 323, § 3-603, eff. July 1, 1980.

§40-3-604. Clearing account.

CLEARING ACCOUNT. All monies payable to the fund, upon receipt

thereof by the Commission, shall be forwarded to the Treasurer who

shall immediately deposit them in the clearing account. Refunds

payable pursuant to this act shall be payable from the clearing

account upon warrants or electronic fund transfers issued under the

direction of the Commission.

Added by Laws 1980, c. 323, § 3-604, eff. July 1, 1980. Amended by

Laws 2010, c. 216, § 11, eff. July 1, 2010.

§40-3-605. Unemployment trust fund.

UNEMPLOYMENT TRUST FUND. After clearance thereof, all other

moneys in the clearing account shall be immediately deposited with

the Secretary of the Treasury of the United States of America to the

credit of the account of this state in the unemployment trust fund,

established and maintained pursuant to Section 904 of the Social

Security Act, as amended, any provisions of law in this state

relating to the deposit, administration, release or disbursement of

moneys in the possession or custody of this state to the contrary

notwithstanding.

Added by Laws 1980, c. 323, § 3-605, eff. July 1, 1980.

§40-3-606. Benefit account.

BENEFIT ACCOUNT. The benefit account shall consist of all

moneys requisitioned from this state's account in the unemployment

trust fund in the United States Treasury. Moneys in the clearing

and benefit account may be deposited in any depository bank in which

general funds of the state may be deposited, but no public deposit

insurance charge or premium shall be paid out of the fund. Moneys

in the clearing and benefit accounts shall not be commingled with

other state funds, but shall be maintained in separate accounts on

the books of the depository bank. Such moneys shall be secured by

said depository bank by collateral in the full amount of funds on

deposit. Such security shall consist of (1) United States

Government obligations, direct or guaranteed, and (2) direct

obligations of the State of Oklahoma. Such collateral security

shall be pledged at not to exceed the face value of the obligation

and shall be kept separate and distinct from any collateral security

pledged to secure other funds of the state. The State Treasurer

Oklahoma Statutes - Title 40. Labor

shall be liable on his official bond for the faithful performance of

his duties in connection with the unemployment compensation fund.

Such liability on the official bond shall be effective immediately

upon the enactment of this provision, and such liability shall exist

in addition to any liability upon any separate bond existent on the

effective date of this provision, or which may be given in the

future. All sums recovered for losses sustained by the fund shall

be deposited therein.

Added by Laws 1980, c. 323, § 3-606, eff. July 1, 1980.

§40-3-607. Requisitions from unemployment trust account.

REQUISITIONS FROM UNEMPLOYMENT TRUST ACCOUNT. Moneys

requisitioned from this state's account in the unemployment trust

fund shall be used exclusively for the payment of benefits. The

Commission shall, from time to time, requisition from the

unemployment trust fund such amounts, not exceeding the amounts

standing to this state's account therein, as it deems necessary for

the payment of such benefits for a reasonable future period. Upon

receipt thereof such moneys shall be deposited in the benefit

account.

Added by Laws 1980, c. 323, § 3-607, eff. July 1, 1980.

§40-3-608. Expenditures not subject to specific appropriation

requirements.

EXPENDITURES NOT SUBJECT TO SPECIFIC APPROPRIATION REQUIREMENTS.

(1) Expenditures of such moneys in the benefit account and refunds

from the clearing account shall not be subject to any provisions of

law requiring specific appropriations or other formal release by

state officers of money in their custody. All warrants issued for

the payment of benefits and refunds shall bear the signature of a

representative of the Commission duly authorized for that purpose.

(2) Any balance of moneys requisitioned from the unemployment

trust fund which remains unclaimed or unpaid in the benefit account

after the expiration of the period for which such sums were

requisitioned shall either be deducted from estimates for, and may

be utilized for the payment of, benefits during succeeding periods,

or, in the discretion of the Commission, shall be redeposited with

the Secretary of the Treasury of the United States of America, to

the credit of this state's account in the unemployment trust fund.

Added by Laws 1980, c. 323, § 3-608, eff. July 1, 1980.

§40-3-609. Discontinuance of unemployment trust fund.

DISCONTINUANCE OF UNEMPLOYMENT TRUST FUND. The provisions of

this part to the extent that they relate to the unemployment trust

fund in the Treasury of the United States, shall be operative only

so long as such unemployment trust fund continues to exist and so

long as the Secretary of the Treasury of the United States of

Oklahoma Statutes - Title 40. Labor

America continues to maintain for this state a separate book account

of all funds deposited therein by this state for benefit purposes,

together with this state's proportionate share of the earnings of

such unemployment trust fund, from which no other state is permitted

to make withdrawals.

Added by Laws 1980, c. 323, § 3-609, eff. July 1, 1980.

§40-3-610. Management of funds of unemployment trust fund.

MANAGEMENT OF FUNDS OF UNEMPLOYMENT TRUST FUND. If and when the

unemployment trust fund in the Treasury of the United States, ceases

to exist, or such separate book account of the unemployment trust

fund is no longer maintained, all moneys belonging to the

unemployment compensation fund of this state shall be administered

by the Commission as a trust fund for the purpose of paying benefits

under this act, and the Commission shall have authority to hold,

invest, transfer, sell, deposit, and release such moneys, and any

properties, securities, or earnings acquired as an incident to such

administration; provided, that such moneys shall be invested in the

following readily marketable classes of securities: Bonds or other

interest-bearing obligations of the United States of America or

guaranteed both as to interest and principal by the United States;

provided further, that such investment shall at all times be so made

that all the assets of the fund shall always be readily convertible

into cash when needed for the payment of benefits. The Treasurer

shall dispose of securities or other properties belonging to the

unemployment compensation fund only under the direction of the

Commission.

Added by Laws 1980, c. 323, § 3-610, eff. July 1, 1980.

§40-3-701. Applicability.

APPLICABILITY. The provisions of this part shall apply to the

financing of benefits to employees of the state and political

subdivisions thereof and their instrumentalities.

Added by Laws 1980, c. 323, § 3-701, eff. July 1, 1980.

§40-3-702. Payments by the state subdivisions and instrumentalities

in lieu of contributions.

PAYMENTS BY THE STATE SUBDIVISIONS AND INSTRUMENTALITIES IN LIEU

OF CONTRIBUTIONS. In lieu of contributions required of employers

under the Employment Security Act of 1980, as provided by this act,

the State of Oklahoma and its instrumentalities shall pay each

quarter beginning after March 31, 1978, including any political

subdivision and its instrumentalities after December 31, 1977, one

percent (1%) of taxable wages, as defined in this act, paid to

employees covered by this act. Such payments made in lieu of

contributions shall be paid on or before the last day of the month

Oklahoma Statutes - Title 40. Labor

following the calendar quarter to be reported and shall be paid into

the Unemployment Compensation Fund.

Added by Laws 1980, c. 323, § 3-702, eff. July 1, 1980. Amended by

Laws 1994, c. 195, § 6, emerg. eff. May 16, 1994.

§40-3-703. Benefits and extended benefits paid from unemployment

security fund.

BENEFITS AND EXTENDED BENEFITS PAID FROM UNEMPLOYMENT SECURITY

FUND. All regular benefits and extended benefits, as defined by

this act, paid to individuals who were employees of the state and

political subdivisions and their instrumentalities and which were

based on wages paid by the state and political subdivisions and

their instrumentalities shall be paid from the benefit account of

the Unemployment Compensation Fund.

Added by Laws 1980, c. 323, § 3-703, eff. July 1, 1980.

§40-3-704. Benefits based on wages paid both by the state and other

employers.

BENEFITS BASED ON WAGES PAID BOTH BY THE STATE AND OTHER

EMPLOYERS. If benefits paid an individual are based on wages paid

by both the state and one or more other employers subject to this

act, the amount to be included as state benefit payments shall bear

the same ratio to the total benefits paid to the individual as the

base period wages as defined by this act, paid to the individual by

the state bear to the total amount of base period wages paid to the

individual by all his base period employers, as defined by this act.

Added by Laws 1980, c. 323, § 3-704, eff. July 1, 1980.

§40-3-705. Election to become liable for reimbursement payments.

ELECTION TO BECOME LIABLE FOR REIMBURSEMENT PAYMENTS. (1) Any

governmental organization, as described in Section 1-208(7) and (8)

including their instrumentalities, which is or becomes subject to

this act after December 31, 1977, may elect to become liable for

reimbursement payments in lieu of contributions in the same manner

and subject to the same provisions that apply to reimbursing

nonprofit organizations as provided in Part 8 of Article 3,

including formation of group accounts, and the proportionate

allocation of benefit costs, applicable to reimbursing nonprofit

organizations as provided in Part 8 of Article 3, except that one

hundred percent (100%) of the extended benefits attributable to

governmental entities will be reimbursed after January 1, 1979. In

lieu of making reimbursement payments in the manner provided in Part

8 of Article 3, a governmental organization authorized to raise

revenue as provided in Article X, Section 28, of the Oklahoma

Constitution may elect by resolution filed with the Commission to

make reimbursement payments after receipt of the notice of the full

amount due that is equal to the regular benefits and extended

Oklahoma Statutes - Title 40. Labor

benefits paid by the Commission during each quarter after January 1,

1978, and is attributable to service in the employ of the

governmental organization.

(2) If such amount is not paid into the unemployment

compensation fund by such governmental organization by the due date,

the Commission may file in the office of the court clerk of the

county in which the situs of the governmental organization is

located a certified copy of its notice of the full amount due,

regardless of any minimum, and including any interest or penalty

that may be assessed.

(3) The amount so certified shall be entered on the judgment

docket of the district court and shall have the same force and be

subject to the same law as judgments of the district court and paid

in the manner provided for payment of judgments against subdivisions

of government as set forth in Sections 365.1 through 365.6 of Title

62 of the Oklahoma Statutes. The Commission is hereby authorized to

sell and assign to the State Treasurer any judgments against such

governmental organization as herein provided.

Added by Laws 1980, c. 323, § 3-705, eff. July 1, 1980.

§40-3-706. Benefits that do not apply in the computation of state

experience factor.

BENEFITS THAT DO NOT APPLY IN THE COMPUTATION OF STATE

EXPERIENCE FACTOR. Benefits paid to former employees of

governmental entities, except for benefits paid to such employees

based upon wages paid by other than governmental entities, shall not

be considered as benefits for the purpose of Section 3-108, nor

shall any wages of governmental entities be used as benefit wages

for the purpose of Section 3-108.

Added by Laws 1980, c. 323, § 3-706, eff. July 1, 1980.

§40-3-707. State pledge.

STATE PLEDGE. The State of Oklahoma recognizes its obligation

under this act and hereby pledges the faith of the state that funds

which are to be dispersed by the state to any organization,

instrumentality of the state or its political subdivisions will be

available to insure payments required under this act.

Added by Laws 1980, c. 323, § 3-707, eff. July 1, 1980.

§40-3-708. Delinquent payments.

DELINQUENT PAYMENTS. If the Commission finds that any

organization, instrumentality of the state or its political

subdivisions, including public trusts, has become delinquent with

payments required under the act and following the Commission's

written request for such payment, has for sixty (60) days or more

thereafter refused or failed to pay amounts due and required under

this act, the Commission shall notify the State Budget Director of

Oklahoma Statutes - Title 40. Labor

such delinquency and total amount due. The Budget Director shall

authorize payment of such amounts from any funds deposited with the

State Treasurer, which would otherwise be due from the state to such

organization, instrumentality or political subdivision.

Added by Laws 1980, c. 323, § 3-708, eff. July 1, 1980.

§40-3-801. Applicability.

APPLICABILITY.

Benefits paid to employees of nonprofit organizations shall be

financed in accordance with the provisions of this part. For the

purpose of this part, a nonprofit organization is an organization or

group of organizations defined in paragraph (4) of Section 1-210 of

this title.

Added by Laws 1980, c. 323, § 3-801, eff. July 1, 1980. Amended by

Laws 1997, c. 30, § 17, eff. July 1, 1997.

§40-3-802. Contributions.

CONTRIBUTIONS. Any such nonprofit organization which is, or

becomes, subject to this act, on or after January 1, 1972, shall

report and pay contributions to the Commission in the same time,

manner and amounts as required of nongovernmental employers for

profit subject to this act subject, except as herein provided, to

the same rights, remedies, obligations and penalties as a

nongovernmental employer for profit.

Added by Laws 1980, c. 323, § 3-802, eff. July 1, 1980.

§40-3-803. Election to make payments in lieu of contributions.

ELECTION TO MAKE PAYMENTS IN LIEU OF CONTRIBUTIONS. A nonprofit

organization may elect, in accordance with this section, in lieu of

contributions, to pay to the Commission for the unemployment

compensation fund an amount equal to the amount of regular benefits

and of one-half (1/2) of the extended benefits paid in accordance

with this act that is attributable to service in the employ of such

nonprofit organization for weeks of unemployment which begin during

the effective period of such election, regardless of reason for

separation.

Added by Laws 1980, c. 323, § 3-803, eff. July 1, 1980.

§40-3-804. Period of election - Organizations subject to act after

January 1, 1972.

PERIOD OF ELECTION - ORGANIZATIONS SUBJECT TO ACT AFTER JANUARY

1, 1972. Any nonprofit organization which becomes subject to this

act on or after January 1, 1972, may elect to become liable for

payments in lieu of contributions for a period of not less than the

remainder of the calendar year in which subjectivity occurs and the

next two (2) succeeding calendar years by filing a written notice of

its election with the Commission not later than thirty (30) days

Oklahoma Statutes - Title 40. Labor

immediately following the date of the determination of such

subjectivity.

Added by Laws 1980, c. 323, § 3-804, eff. July 1, 1980.

§40-3-805. Written notice of termination of election required.

WRITTEN NOTICE OF TERMINATION OF ELECTION REQUIRED. Any

nonprofit organization which makes an election in accordance with

Section 3-804 of this act will continue to be liable for payments in

lieu of contributions until it files with the Commission a written

notice terminating its election not later than the last day of

January immediately following the beginning of the calendar year for

which such termination shall first be effective. After such

termination such employer shall be treated as a newly subject

nongovernmental employer for profit under the Oklahoma Employment

Security Act for purposes of determining such organization's

contribution rate.

Added by Laws 1980, c. 323, § 3-805, eff. July 1, 1980.

§40-3-806. Payment of in-lieu contributions.

PAYMENT OF IN-LIEU CONTRIBUTIONS.

A. At the end of each calendar quarter the Oklahoma Employment

Security Commission shall notify in writing each nonprofit

organization, or the agent of a group of nonprofit organizations,

which has elected to make payments in lieu of contributions, the

amount, if any, equal to the full amount of regular benefits plus

one-half (1/2) of the amount of extended benefits paid by the

Commission during the quarter that is attributable to service in the

employ of the organization or the members of a group of the

organizations. The full amount shall include all amounts paid as

benefits that are attributable to base period wages paid by the

organization, including any benefit amounts paid in error. The

notification shall be deemed and treated as an assessment of

contributions and the payment of the amount owing shall be collected

as contributions, interest, penalty and fees, if any, are collected,

in accordance with the provisions of the Employment Security Act of

1980. The employer, or group of employers, shall have the rights

and remedies provided by the Employment Security Act of 1980 with

respect to assessments of contributions, including the right of

protest, hearing and appeal. The Commission shall make its

assessment or amend its assessment within three (3) years of the

ending date of the calendar quarter to which the assessment or

amendment applies. If no protest is filed or if filed and confirmed

by the Commission or its authorized representatives, said assessment

shall be immediately due and payable and shall bear interest after

forty-five (45) days at the rate of one percent (1%) per month until

paid. If any nonprofit organization or group of organizations fails

or refuses to pay said assessment after same has become delinquent

Oklahoma Statutes - Title 40. Labor

within forty-five (45) days after written request has been mailed to

the organization or the agent of the group by the Commission or its

representative, a penalty of five percent (5%) of the amount due

shall be added thereto, collected and paid. All collections made

shall be deposited in the Unemployment Compensation Fund.

B. The electing organization, or group of organizations, shall

file reports of wages paid, in the same time and manner as required

of nongovernmental employers for profit. If any electing

organization, or group of organizations, fails or refuses to file

its wage report within fifteen (15) days after written notice, a

penalty of Twenty Dollars ($20.00) for each day until the report is

filed with a maximum of Two Hundred Dollars ($200.00) is hereby

imposed against the organization or group and shall be collected and

paid.

C. Payments made by any nonprofit organization under the

provisions of this section shall not be deducted or deductible, in

whole or in part, from the remuneration of individuals in the employ

of the organization.

Added by Laws 1980, c. 323, § 3-806, eff. July 1, 1980. Amended by

Laws 1981, c. 259, § 24, emerg. eff. June 25, 1981; Laws 1990, c.

333, § 12, emerg. eff. May 31, 1990; Laws 1993, c. 219, § 29, eff.

Sept. 1, 1993; Laws 2007, c. 354, § 12, eff. Nov. 1, 2007; Laws

2010, c. 216, § 12, eff. July 1, 2010; Laws 2023, c. 346, § 4, eff.

Nov. 1, 2023.

§40-3-807. Payment of in-lieu contributions - Benefits based on

wages paid by more than one employer.

PAYMENT OF IN-LIEU CONTRIBUTIONS - BENEFITS BASED ON WAGES PAID

BY MORE THAN ONE EMPLOYER. (1) Each employer that is liable for

payments in lieu of contributions shall pay to the Commission for

the fund the amount of regular benefits plus the amount of one-half

(1/2) of extended benefits paid that are attributable to service in

the employ of such employer. If benefits paid to an individual are

based on wages paid by more than one employer under this act and one

or more of such employers are liable for payments in lieu of

contributions, the amount payable to the fund by each employer that

is liable for such payments shall be determined in accordance with

the provisions of subsection (2) or subsection (3) of this section.

(2) If benefits paid to an individual are based on wages paid

by one or more employers that are liable for contributions under

this act, the amount of benefits payable by each employer that is

liable for payments in lieu of contributions shall be an amount

which bears the same ratio to the total benefits paid to the

individual as the total base period wages, as defined by this act,

paid to the individual by such employer bear to the total base

period wages paid to the individual by all of his base period

employers, as defined by this act.

Oklahoma Statutes - Title 40. Labor

(3) If benefits paid to an individual are based on wages paid

by two or more employers that are liable for payments in lieu of

contributions, the amount of benefits payable by each such employer

shall be an amount which bears the same ratio to the total benefits

paid to the individual as the total base period wages paid to the

individual by such employer bear to the total base period wages paid

to the individual by all of his base period employers.

(4) Amounts paid that are to be reimbursed under this section

shall not be considered as benefits for the purposes of this act,

nor shall any benefit wages be created under this act by such

payments.

Added by Laws 1980, c. 323, § 3-807, eff. July 1, 1980.

§40-3-808. Election to become reimbursing employer.

ELECTION TO BECOME REIMBURSING EMPLOYER. Any nonprofit

organization which had been liable for paying contributions for a

period subsequent to January 1, 1972, may change to a reimbursable

basis by filing with the Commission not later than the last day of

January immediately following the beginning of any calendar year a

written notice of election to become liable for payments in lieu of

contributions. Such election shall not be terminable by the

organization for that and the next calendar year.

Added by Laws 1980, c. 323, § 3-808, eff. July 1, 1980.

§40-3-809.

Repealed by Laws 2017, c. 345, § 14, eff. July 1, 2017.

§40-3-810. Commission to provide notice of determinations.

COMMISSION TO PROVIDE NOTICE OF DETERMINATIONS. The Commission,

in accordance with such rules as it may prescribe, shall notify each

nonprofit organization, or group of organizations, of any

determination which it may make of its status as an employer and of

the effective date of any election which it makes and of any

termination of such election. Such determinations shall be subject

to reconsideration, appeal and review in accordance with the

provisions of this act.

Added by Laws 1980, c. 323, § 3-810, eff. July 1, 1980. Amended by

Laws 1993, c. 219, § 31, eff. Sept. 1, 1993.

§40-4-101. Applicability.

APPLICABILITY. This part shall apply to the Oklahoma Employment

Security Commission.

Added by Laws 1980, c. 323, § 4-101, emerg. eff. June 13, 1980.

§40-4-102. Composition.

COMPOSITION. There is hereby created a Commission to be known

as the Oklahoma Employment Security Commission. The Commission

shall consist of five (5) members, appointed by the Governor, by and

Oklahoma Statutes - Title 40. Labor

with the consent of the Oklahoma State Senate, two of whom shall

represent employers, two shall represent employees, and one shall

represent the public. The representative of the public shall be the

Chairman of the Commission. New appointments shall be made within

ninety (90) days after any vacancy occurs in the membership.

Added by Laws 1980, c. 323, § 4-102, emerg. eff. June 13, 1980.

§40-4-103. Qualifications.

QUALIFICATIONS. Each member of such Commission shall be a

citizen of the United States, and at the time of appointment shall

be, and for more than five (5) years shall have been, a bona fide

resident and qualified voter of the State of Oklahoma, and shall be

not less than thirty (30) years of age at the time of appointment.

During his term of membership on the Commission, no member shall

serve as an officer or committee member of any political party

organization.

Added by Laws 1980, c. 323, § 4-103, emerg. eff. June 13, 1980.

§40-4-104. Term of office.

TERM OF OFFICE. Each member shall hold office for a term of six

(6) years, except that (1) any member appointed to fill a vacancy

occurring prior to the expiration of the term for which his

predecessor was appointed shall be appointed for the remainder of

such term; and (2) the terms of office of the members first taking

office after the date of enactment of this act shall expire, as

designated by the Governor at the time of appointment, two at the

end of two (2) years, one a representative of employers, and one a

representative of employees; two at the end of four (4) years, one a

representative of employers, one a representative of employees; and

one, the representative of the public, at the end of six (6) years

after the date of enactment of this act. The members of the

Commission who are serving at the time this bill is enacted shall

continue to serve for the remainders of their respective terms

without interruption by reason of this enactment.

Added by Laws 1980, c. 323, § 4-104, emerg. eff. June 13, 1980.

§40-4-105. Removal by the Governor.

REMOVAL BY THE GOVERNOR. The Governor may, at any time, after

notice and hearing, remove any Commissioner for cause, and such

Commissioner sought to be thus removed shall, if he so desires, be

given a copy of the charges brought against him, and be given an

opportunity of being publicly heard in person, or by counsel, upon

not less than ten (10) days' notice. Such hearing shall be had

before the Governor of the State of Oklahoma. If such Commissioner

be removed, the Governor shall file in the office of the Secretary

of State a complete statement of all charges made against such

Oklahoma Statutes - Title 40. Labor

Commissioner, and a complete record of the Governor's proceedings

and his findings thereon.

Added by Laws 1980, c. 323, § 4-105, emerg. eff. June 13, 1980.

§40-4-106.1. Compensation and travel expenses.

In addition to reimbursement for travel expenses pursuant to the

State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of

the Oklahoma Statutes, each Commissioner shall receive Fifty Dollars

($50.00) for each Commission meeting attended, not to exceed Six

Hundred Dollars ($600.00) per annum.

Added by Laws 1992, c. 318, § 8, eff. July 1, 1992.

§40-4-107. Quorum.

QUORUM. Any three Commissioners shall constitute a quorum. No

vacancy shall impair the right of the remaining Commissioners to

exercise all of the powers of the Commission.

Added by Laws 1980, c. 323, § 4-107, emerg. eff. June 13, 1980.

§40-4-108. Executive Director.

EXECUTIVE DIRECTOR.

The chief executive officer of the Commission shall be the

Executive Director who shall be appointed by and serve at the

pleasure of the Commission. The Executive Director shall have such

compensation and further duties as the Commission may establish.

The Executive Director may hire, promote and terminate personnel,

and shall fix the qualifications and duties of such personnel.

Added by Laws 1980, c. 323, § 4-108, emerg. eff. June 13, 1980.

Amended by Laws 1982, c. 304, § 20, operative Oct. 1, 1982; Laws

1992, c. 318, § 11, eff. July 1, 1992; Laws 1995, c. 340, § 23, eff.

July 1, 1995; Laws 2003, c. 177, § 7, eff. Nov. 1, 2003; Laws 2005,

c. 182, § 10, eff. Nov. 1, 2005; Laws 2021, c. 424, § 14, eff. Nov.

1, 2021.

§40-4-109. Service of process.

SERVICE OF PROCESS.

If the Oklahoma Employment Security Commission is sued, or if

its officers or employees are sued in their official capacities, the

service of all legal process pursuant to Section 2004 of Title 12 of

the Oklahoma Statutes and of all extrajudicial notices which may be

required in writing shall be made on the Executive Director at the

official office of the Commission as set out in Administrative Rule

240:1-1-5. This section shall not apply to appeals brought under

Article 2, Part 6 and Article 3, Part 4 of the Employment Security

Act of 1980. Service of process in Article 2, Part 6 and Article 3,

Part 4, shall be made pursuant to the procedures set out by the

statutes in those parts and the administrative rules implementing

those statutes. This section shall not be construed to waive any

Oklahoma Statutes - Title 40. Labor

immunity created by constitution or statute that applies to the

Oklahoma Employment Security Commission, its officers or employees

or this state.

Added by Laws 2007, c. 354, § 13, eff. Nov. 1, 2007.

§40-4-201. Applicability.

APPLICABILITY. This part shall apply to the creation,

appointment, salary and qualifications of the Board of Review.

Added by Laws 1980, c. 323, § 4-201, emerg. eff. June 13, 1980.

§40-4-202. Creation.

CREATION. There shall be created at such time as is necessary

for the proper administration of this act a Board of Review,

consisting of three members appointed by the Governor for terms of

six (6) years, except that the terms of the members first taking

office shall be two (2), four (4) and six (6) years, respectively,

as designated by the Governor at the time of appointment, and except

that vacancies shall be filled by appointment by the Governor for

the unexpired term.

Added by Laws 1980, c. 323, § 4-202, emerg. eff. June 13, 1980.

§40-4-203. Salary.

SALARY.

Each member of the Board of Review shall be paid from the

Employment Security Administration Fund a salary of Thirty Thousand

Dollars ($30,000.00) per annum, payable biweekly, plus actual and

necessary traveling expenses incurred in the performance of his or

her duties as provided in the State Travel Reimbursement Act.

Added by Laws 1980, c. 323, § 4-203, emerg. eff. June 13, 1980.

Amended by Laws 1981, c. 259, § 25, emerg. eff. June 25, 1981; Laws

1982, c. 304, § 21, operative Oct. 1, 1982; Laws 1990, c. 266, § 96,

operative July 1, 1990; Laws 1999, c. 306, § 3, eff. July 1, 1999;

Laws 2011, c. 256, § 14.

§40-4-204. No member to serve as an officer in a political

organization.

NO MEMBER TO SERVE AS AN OFFICER IN A POLITICAL ORGANIZATION. No

member of the Board of Review shall serve as an officer or committee

member of any political party organization during his term of

office.

Added by Laws 1980, c. 323, § 4-204, emerg. eff. June 13, 1980.

§40-4-205. Temporary members.

TEMPORARY MEMBERS. In the event of the disqualification of one

member of the Board of Review from the hearing and determination of

a claim for benefits, the Governor shall designate a fourth,

temporary member to serve as an alternative member. In the event of

Oklahoma Statutes - Title 40. Labor

the disqualification of two or more members of the Board of Review

from the hearing and determination on a claim for benefits, the

Governor shall designate by appointment temporary members to serve

as alternate members. Such alternates shall be paid traveling

expenses incurred in the performance of their duties as provided in

the State Travel Reimbursement Act. The Governor may at any time,

after notice and hearing, remove any member for cause.

Added by Laws 1980, c. 323, § 4-205, emerg. eff. June 13, 1980.

Amended by Laws 1985, c. 178, § 17, operative July 1, 1985; Laws

2022, c. 360, § 21, eff. Nov. 1, 2022.

§40-4-301. Applicability.

APPLICABILITY. This part shall apply to the powers and duties

of the Commission.

Added by Laws 1980, c. 323, § 4-301, emerg. eff. June 13, 1980.

§40-4-302. Commission shall publish rules and other material.

COMMISSION SHALL PUBLISH RULES AND OTHER MATERIAL. It shall be

the duty of the Commission to administer this act; and it shall have

the power and authority to adopt, amend, or rescind such rules, to

employ such persons, make such expenditures, require such reports,

make such investigations, and to take such other action as it deems

necessary or suitable to that end.

Added by Laws 1980, c. 323, § 4-302, emerg. eff. June 13, 1980.

Amended by Laws 1990, c. 333, § 13, emerg. eff. May 31, 1990.

§40-4-303.

1990.

Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,

§40-4-304. Commission to determine its own organization and

procedure.

COMMISSION TO DETERMINE ITS OWN ORGANIZATION AND PROCEDURE. The

Commission shall determine its own organization and methods of

procedure in accordance with the provisions of this act.

Added by Laws 1980, c. 323, § 4-304, emerg. eff. June 13, 1980.

§40-4-305. Official seal.

OFFICIAL SEAL. The Commission shall have an official seal which

shall be judicially noticed.

Added by Laws 1980, c. 323, § 4-305, emerg. eff. June 13, 1980.

§40-4-306. Report to Governor.

REPORT TO GOVERNOR. Not later than the fifteenth day of

February of each year, the Commission shall submit to the Governor a

report covering the administration and operation of this act during

the preceding calendar year and shall make such recommendations for

amendments to this act as the Commission shall deem proper. Such

Oklahoma Statutes - Title 40. Labor

report shall include a balance sheet of the moneys in the fund in

which there shall be provided, if possible, a reserve against the

liability in future years to pay benefits in excess of the then

current contributions, which reserve shall be set up by the

Commission in accordance with accepted actuarial principles on the

basis of statistics of employment, business activity, and other

relevant factors for the longest possible period.

Added by Laws 1980, c. 323, § 4-306, emerg. eff. June 13, 1980.

§40-4-307. Changes in benefits or contribution rates.

CHANGES IN BENEFITS OR CONTRIBUTION RATES. Whenever the

Commission believes that a change in contribution or benefit rates

will become necessary to protect the solvency of the fund, it shall

promptly so inform the Governor, who may make to the Legislature

recommendations with respect thereto.

Added by Laws 1980, c. 323, § 4-307, emerg. eff. June 13, 1980.

§40-4-308.

1990.

Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,

§40-4-309.

1990.

Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,

§40-4-310.

1990.

Repealed by Laws 1990, c. 333, § 20, emerg. eff. May 31,

§40-4-310.1. Adoption and promulgation of rules.

ADOPTION AND PROMULGATION OF RULES. The adoption and

promulgation of all rules by the Oklahoma Employment Security

Commission shall be in accordance with the procedures set forth in

Article I of the Administrative Procedures Act.

Added by Laws 1990, c. 333, § 14, emerg. eff. May 31, 1990. Amended

by Laws 2006, c. 176, §24, eff. July 1, 2006. Renumbered from § 4310A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.

§40-4-310A. Renumbered as § 4-310.1 of this title by Laws 2006, c.

176, § 29, eff. July 1, 2006.

§40-4-311. Commission shall publish rules.

COMMISSION SHALL PUBLISH RULES.

The Oklahoma Employment Security Commission shall cause the text

of Section 1-101 et seq. of this title, the Commission's rules, its

annual reports to the Governor and any other material the Commission

deems relevant and suitable to be published on the Commission

website in a manner that can be accessed by the general public.

Added by Laws 1980, c. 323, § 4-311, emerg. eff. June 13, 1980.

Amended by Laws 1990, c. 333, § 15, emerg. eff. May 31, 1990; Laws

Oklahoma Statutes - Title 40. Labor

1993, c. 219, § 32, eff. Sept. 1, 1993; Laws 2021, c. 424, § 15,

eff. Nov. 1, 2021.

§40-4-312. Personnel and compensation.

PERSONNEL AND COMPENSATION.

Subject to other provisions of Section 1-101 et seq. of this

title, the Oklahoma Employment Security Commission is authorized to

appoint, fix the compensation and prescribe the duties and powers of

such officers, accountants, attorneys, experts and other persons as

may be necessary in the performance of its duties under Section 1101 et seq. of this title. The Commission is authorized and

directed to maintain the existing merit system covering all persons

employed in the administration of this act and shall have authority,

by rule, to provide for all matters which are appropriate to the

establishment and maintenance of a merit system on the basis of

efficiency and fitness. The Commission is authorized to adopt rules

as may be necessary to meet personnel standards pursuant to the

Social Security Act, as amended, and the Act of Congress entitled

"An Act to provide for the establishment of a national employment

system, and for other purposes", approved June 6, 1933, as amended.

Added by Laws 1980, c. 323, § 4-312, emerg. eff. June 13, 1980.

Amended by Laws 1990, c. 333, § 16, emerg. eff. May 31, 1990; Laws

2012, c. 304, § 130; Laws 2021, c. 424, § 16, eff. Nov. 1, 2021.

§40-4-313. Commission to cooperate and comply with federal law.

COMMISSION TO COOPERATE AND COMPLY WITH FEDERAL LAW. In the

administration of this act the Oklahoma Employment Security

Commission shall cooperate to the fullest extent consistent with the

provisions of this act, with the Social Security Act, as amended,

and is authorized and directed to take such action, through the

adoption of appropriate rules, administrative methods and standards,

as may be necessary to secure to this state and its citizens all

advantages available under the provisions of such act, under the

provisions of Sections 1602 and 1603 of the Federal Unemployment Tax

Act and under the provisions of the Act of Congress entitled "An Act

to provide for the establishment of a national employment system and

for cooperation with States in the promotion of such system, and for

other purposes", approved June 6, 1933, as amended. The Commission

shall comply with the regulations of the Secretary of Labor relating

to the receipt or expenditure by this state of monies granted under

any of such acts and shall make such reports, in such form and

containing such information as the Secretary of Labor may from time

to time require, and shall comply with such provisions as the

Secretary of Labor may from time to time find necessary to assure

the correctness and verification of such reports.

Oklahoma Statutes - Title 40. Labor

The Commission may afford reasonable cooperation with every

agency of the United States charged with the administration of any

unemployment insurance law.

Added by Laws 1980, c. 323, § 4-313, emerg. eff. June 13, 1980.

Amended by Laws 1990, c. 333, § 17, emerg. eff. May 31, 1990.

§40-4-314.

Repealed by Laws 2019, c. 251, § 14, eff. July 1, 2019.

§40-4-315.

Repealed by Laws 2005, c. 182, § 15, eff. Nov. 1, 2005.

§40-4-316. Purchase of real property.

PURCHASE OF REAL PROPERTY. If the Commission determines, to its

satisfaction, that suitable quarters, office space or facilities are

not readily obtainable, the Commission may enter into an agreement

with the board of county commissioners of any county, with any state

agency or public trust, or with any private person or entity, for

the purchase of real property and any improvements or buildings

thereon, for the purpose of providing office space to the

Commission. The Commission shall not enter into any agreement under

the provisions of this section unless one hundred percent (100%)

federal financial participation is obtainable. All such agreements

shall contain provisions regarding the financial participation

therein by the parties to the agreement, the payments made for the

purchase of such property, and the ownership of such real property,

improvements and buildings thereon after payment of the cost of

construction or renovation has been completed. All such provisions

shall be consistent with the requirements necessary for the

Commission to obtain or receive federal funds for such purpose. No

purchase of any building shall occur without approval of the

Legislature.

Added by Laws 1994, c. 349, § 1, eff. July 1, 1994.

§40-4-317. Employee recognition program.

EMPLOYEE RECOGNITION PROGRAM.

In order to establish a public employee benefit program to

encourage outstanding performance in the workplace, the Oklahoma

Employment Security Commission is hereby directed to establish an

on-the-job employee performance recognition program which encourages

outstanding job performance and productivity. The Commission is

authorized to expend from monies available to it so much thereof as

may be necessary for the purchase of recognition awards for

presentation to the members of work units or individual employees

with exceptional job performance records or for other significant

contributions to the operation of the Commission. Recognition

awards shall consist of any type of award authorized by the

provisions of Section 4121 of Title 74 of the Oklahoma Statutes.

Oklahoma Statutes - Title 40. Labor

Added by Laws 2002, c. 452, § 25, eff. Nov. 1, 2002.

Laws 2006, c. 176, § 25, eff. July 1, 2006.

Amended by

§40-4-318. Employee performance recognition program - Veterans

Service Division.

In order to encourage the improvement and modernization of

employment, training, and placement services for veterans, and to

recognize eligible employees for excellence in the provision of

services to veterans, or for having made demonstrable improvements

in the provision of services to veterans, the Veterans Service

Division of the Oklahoma Employment Security Commission is directed

to establish an employee performance recognition program. The

Commission is hereby authorized to grant cash awards of up to Five

Thousand Dollars ($5,000.00) to the eligible employees meeting

criteria established by the Veterans Service Division of the

Oklahoma Employment Security Commission, provided funds exist from

United States Department of Labor grants for the payment of the

awards. For the purposes of this act, "eligible employees" means

any of the following:

1. A disabled veterans outreach program specialist;

2. A local veterans employment representative; or

3. An individual providing employment, training and placement

services to veterans under the workforce system programs or through

an Employment Service delivery system.

Added by Laws 2006, c. 176, § 26, eff. July 1, 2006. Amended by

Laws 2015, c. 249, § 17, eff. Nov. 1, 2015.

§40-4-319. Recognition programs.

In order to encourage the improvement and modernization of

employment, training, and placement services for veterans, and to

recognize local offices, divisions, or units of the Oklahoma

Employment Security Commission for excellence in the provision of

services to veterans, or for having made demonstrable improvements

in the provision of services to veterans, the Veterans Services

Division of the Oklahoma Employment Security Commission is directed

to establish a recognition program for these entities. The Oklahoma

Employment Security Commission is hereby authorized to award funds

to a local office, division, or unit meeting criteria established by

the Veterans Services Division of the Oklahoma Employment Security

Commission, provided funds exist from United States Department of

Labor grants for the payment of the awards. The funds awarded under

this section shall be held by the Finance and Administrative

Services Division on behalf of the local office, division, or unit,

and can be utilized to purchase supplies, equipment, furniture, or

other goods that would assist the employees of the local office,

division, or unit. The money shall be drawn using purchase orders

Oklahoma Statutes - Title 40. Labor

through the normal requisition system at the discretion of the

supervisor of the local office, division, or unit.

Added by Laws 2012, c. 196, § 14, emerg. eff. May 8, 2012.

§40-4-401.

Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.

§40-4-402.

Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.

§40-4-403.

Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.

§40-4-404.

Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.

§40-4-405.

Repealed by Laws 2007, c. 354, § 18, eff. Nov. 1, 2007.

§40-4-501. Applicability.

APPLICABILITY. This part shall apply to the maintenance and

production of work records by employers.

Added by Laws 1980, c. 323, § 4-501, emerg. eff. June 13, 1980.

§40-4-502. Employing units to maintain records open to Commission.

EMPLOYING UNITS TO MAINTAIN RECORDS OPEN TO COMMISSION. Each

employing unit shall keep true and accurate work records, for such

periods of time and containing such information as the Commission

may prescribe. Such records shall be maintained for a period of

four (4) years and shall be open to inspection and be subject to

being copied by the Commission or its authorized representatives at

any reasonable time.

Added by Laws 1980 c. 323, § 4-502, emerg. eff. June 13, 1980.

§40-4-503. Sworn or unsworn reports.

SWORN OR UNSWORN REPORTS. The Commission, its authorized

representatives, or the Board of Review may require from any

employing unit any sworn or unsworn reports, with respect to persons

employed by it, which its authorized representatives deem necessary

for the effective administration of this act.

Added by Laws 1980, c. 323, § 4-503, emerg. eff. June 13, 1980.

§40-4-504. Oaths, depositions, certifications of official acts and

subpoenas.

OATHS, DEPOSITIONS, CERTIFICATIONS OF OFFICIAL ACTS AND

SUBPOENAS.

In the discharge of the duties imposed by the Employment

Security Act of 1980, the Oklahoma Employment Security Commission,

the chairman of an appeal tribunal, the members of the Board of

Review, and any duly authorized representative of any of them shall

have power to administer oaths and affirmations, take depositions,

certify to official acts, and issue subpoenas to compel the

Oklahoma Statutes - Title 40. Labor

attendance of witnesses and the production of books, papers,

correspondence, memoranda, and other records deemed necessary as

evidence in connection with a disputed claim or the administration

of the Employment Security Act of 1980 or for purposes of monitoring

a workforce system program.

Added by Laws 1980, c. 323, § 4-504, emerg. eff. June 13, 1980.

Amended by Laws 2007, c. 354, § 14, eff. Nov. 1, 2007; Laws 2015, c.

249, § 18, eff. Nov. 1, 2015.

§40-4-505. Refusal to obey Commission subpoenas - Judicial orders.

REFUSAL TO OBEY COMMISSION SUBPOENAS - JUDICIAL ORDERS. In case

of contumacy by, or refusal to obey a subpoena issued to, any

person, any court of this state within the jurisdiction of which the

inquiry is carried on or within the jurisdiction of which said

person guilty of contumacy or refusal to obey is found or resides or

transacts business, upon application by the Commission, the Board of

Review, the chairman of an appeal tribunal, or any duly authorized

representative of any of them shall have jurisdiction to issue to

such person an order requiring such person to appear before the

Commission, the Board of Review, the chairman of an appeal tribunal

or any duly authorized representative of any of them, there to

produce evidence if so ordered or there to give testimony touching

the matter under investigation or in question. Any failure to obey

such order of the court may be punished by said court as a contempt

thereof.

Added by Laws 1980, c. 323, § 4-505, emerg. eff. June 13, 1980.

§40-4-506. Penalties for failure to attend lawful inquiries or obey

Commission subpoenas.

PENALTIES FOR FAILURE TO ATTEND LAWFUL INQUIRIES OR OBEY

COMMISSION SUBPOENAS. Any person who shall without just cause fail

or refuse to attend and testify or to answer any lawful inquiry or

to produce books, papers, correspondence, memoranda, and other

records, if it is in its power so to do, in obedience to a subpoena

of the Commission, the Board of Review, the chairman of an appeal

tribunal, or any duly-authorized representative of any of them,

shall be punished by a fine of not less than Five Hundred Dollars

($500.00) or by imprisonment for not longer than sixty (60) days, or

by both such fine and imprisonment.

Added by Laws 1980, c. 323, § 4-506, emerg. eff. June 13, 1980.

Amended by Laws 1982, c. 304, § 22, operative Oct. 1, 1982.

§40-4-507. Self-incrimination.

SELF-INCRIMINATION. No person shall be excused from attending

and testifying or from producing books, papers, correspondence,

memoranda, and other records before the Commission, the Board of

Review, the chairman of an appeal tribunal, or any duly authorized

Oklahoma Statutes - Title 40. Labor

representative of any of them, or in obedience to the subpoena of

any of them in any cause or proceeding before the Commission, the

Board of Review, or an appeal tribunal, on the ground that the

testimony or evidence, documentary or otherwise, required of him may

tend to incriminate him or subject him to a penalty or forfeiture;

but no individual shall be prosecuted or subjected to any penalty or

forfeiture for or on account of any transaction, matter, or thing

concerning which he is compelled, after having claimed his privilege

against self-incrimination, to testify or produce evidence,

documentary or otherwise, except that such individual so testifying

shall not be exempt from prosecution and punishment for perjury

committed in so testifying.

Added by Laws 1980, c. 323, § 4-507, emerg. eff. June 13, 1980.

§40-4-508. Information to be kept confidential - Disclosure.

INFORMATION TO BE KEPT CONFIDENTIAL - DISCLOSURE.

A. Except as otherwise provided by law, information obtained

from any employing unit or individual pursuant to the administration

of the Employment Security Act of 1980, any workforce system program

administered or monitored by the Oklahoma Employment Security

Commission, and determinations as to the benefit rights of any

individual shall be kept confidential and shall not be disclosed or

be open to public inspection in any manner revealing the

individual's or employing unit's identity. Any claimant, employer,

or agent of either as authorized in writing, shall be supplied with

information from the records of the Oklahoma Employment Security

Commission, to the extent necessary for the proper presentation of

the claim or complaint in any proceeding under the Employment

Security Act of 1980, with respect thereto.

B. Upon receipt of written request by any employer who

maintains a Supplemental Unemployment Benefit (SUB) Plan, the

Commission or its designated representative may release to that

employer information regarding weekly benefit amounts paid its

workers during a specified temporary layoff period, provided the

Supplemental Unemployment Benefit (SUB) Plan requires benefit

payment information before Supplemental Unemployment Benefits can be

paid to the workers. Any information disclosed under this provision

shall be utilized solely for the purpose outlined herein and shall

be held strictly confidential by the employer.

C. The provisions of this section shall not prevent the

Commission from disclosing the following information and no

liability whatsoever, civil or criminal, shall attach to any member

of the Commission or any employee thereof for any error or omission

in the disclosure of this information:

1. The delivery to taxpayer or claimant a copy of any report or

other paper filed by the taxpayer or claimant pursuant to the

Employment Security Act of 1980;

Oklahoma Statutes - Title 40. Labor

2. The disclosure of information to any person for a purpose as

authorized by the taxpayer or claimant pursuant to a waiver of

confidentiality. The waiver shall be in writing and shall be

notarized;

3. The Oklahoma Department of Commerce may have access to data

obtained pursuant to the Employment Security Act of 1980 pursuant to

rules promulgated by the Commission. The information obtained shall

be held confidential by the Department and any of its agents and

shall not be disclosed or be open to public inspection. The

Oklahoma Department of Commerce, however, may release aggregated

data, either by industry or county, provided that the aggregation

meets disclosure requirements of the Commission;

4. The publication of statistics so classified as to prevent

the identification of a particular report and the items thereof;

5. The disclosing of information or evidence to the Attorney

General or any district attorney when the information or evidence is

to be used by the officials or other parties to the proceedings to

prosecute or defend allegations of violations of the Employment

Security Act of 1980. The information disclosed to the Attorney

General or any district attorney shall be kept confidential by them

and not be disclosed except when presented to a court in a

prosecution of a violation of Section 1-101 et seq. of this title,

and a violation by the Attorney General or district attorney by

otherwise releasing the information shall be a felony;

6. The furnishing, at the discretion of the Commission, of any

information disclosed by the records or files to any official person

or body of this state, any other state or of the United States who

is concerned with the administration of assessment of any similar

tax in this state, any other state or the United States;

7. The furnishing of information to other state agencies for

the limited purpose of aiding in the collection of debts owed by

individuals to the requesting agencies or the Oklahoma Employment

Security Commission;

8. The release of information to employees of the Department of

Transportation required for use in federally mandated regional

transportation planning, which is performed as a part of its

official duties;

9. The release of information to employees of the State

Treasurer's office required to verify or evaluate the effectiveness

of the Oklahoma Small Business Linked Deposit Program on job

creation;

10. The release of information to employees of the Attorney

General, the Department of Labor, the Workers' Compensation

Commission and the Insurance Department for use in investigation of

workers' compensation fraud;

11. The release of information to employees of any state,

county, municipal or tribal law enforcement agency for use in

Oklahoma Statutes - Title 40. Labor

criminal investigations and the location of missing persons or

fugitives from justice;

12. The release of information to employees of the Center of

International Trade, Oklahoma State University, required for the

development of International Trade for employers doing business in

this state;

13. The release of information to employees of the Oklahoma

State Regents for Higher Education required for use in the default

prevention efforts and/or collection of defaulted student loans

guaranteed by the Oklahoma Guaranteed Student Loan Program. Any

information disclosed under this provision shall be utilized solely

for the purpose outlined herein and shall be held strictly

confidential by the Oklahoma State Regents for Higher Education;

14. The release of information to employees of the Oklahoma

Department of Career and Technology Education, the Oklahoma State

Regents for Higher Education, the Center for Economic and Management

Research of the University of Oklahoma, the Center for Economic and

Business Development at Southwestern Oklahoma State University or a

center of economic and business research or development at a

comprehensive or regional higher education institution within The

Oklahoma State System of Higher Education required to identify

economic trends or educational outcomes. The information obtained

shall be kept confidential by the Oklahoma Department of Career and

Technology Education, the Oklahoma State Regents for Higher

Education and the higher education institution and shall not be

disclosed or be open to public inspection. The Oklahoma Department

of Career and Technology Education, the Oklahoma State Regents for

Higher Education and the higher education institution may release

aggregated data, provided that the aggregation meets disclosure

requirements of the Commission;

15. The release of information to employees of the Office of

Management and Enterprise Services required to identify economic

trends. The information obtained shall be kept confidential by the

Office of Management and Enterprise Services and shall not be

disclosed or be open to public inspection. The Office of Management

and Enterprise Services may release aggregate data, provided that

the aggregation meets disclosure requirements of the Oklahoma

Employment Security Commission;

16. The release of information to employees of the Department

of Mental Health and Substance Abuse Services required to evaluate

the effectiveness of mental health and substance abuse treatment and

state or local programs utilized to divert persons from inpatient

treatment. The information obtained shall be kept confidential by

the Department and shall not be disclosed or be open to public

inspection. The Department of Mental Health and Substance Abuse

Services, however, may release aggregated data, either by treatment

facility, program or larger aggregate units, provided that the

Oklahoma Statutes - Title 40. Labor

aggregation meets disclosure requirements of the Oklahoma Employment

Security Commission;

17. The release of information to employees of the Attorney

General, the Oklahoma State Bureau of Investigation and the

Insurance Department for use in the investigation of insurance fraud

and health care fraud;

18. The release of information to employees of public housing

agencies for purposes of determining eligibility pursuant to 42

U.S.C., Section 503(i);

19. The release of wage and benefit claim information, at the

discretion of the Commission, to an agency of this state or its

political subdivisions that operate a program or activity designated

as a required partner in the Workforce Innovation and Opportunity

Act One-Stop delivery system pursuant to 29 U.S.C.A., Section

3151(b)(1), based on a showing of need made to the Commission and

after an agreement concerning the release of information is entered

into with the entity receiving the information. For the limited

purpose of completing performance accountability reports required by

the Workforce Innovation and Opportunity Act, only those designated

required partners that meet the 20 CFR Section 603.2(d) definition

of public official may contract with a private agent or contractor

pursuant to 20 CFR Section 603.5(f) for the purpose of the private

agent or contractor receiving confidential unemployment compensation

information to the extent necessary to complete the performance

accountability reports;

20. The release of information to the State Wage Interchange

System, at the discretion of the Commission;

21. The release of information to the Bureau of the Census of

the U.S. Department of Commerce, the Bureau of Labor Statistics of

the U.S. Department of Labor, and its agents employed by the

Oklahoma Department of Labor for the purpose of economic and

statistical research;

22. The release of employer tax information and benefit claim

information to the Oklahoma Health Care Authority for use in

determining eligibility for a program that will provide subsidies

for health insurance premiums for qualified employers, employees,

self-employed persons and unemployed persons;

23. The release of employer tax information and benefit claim

information to the State Department of Rehabilitation Services for

use in assessing results and outcomes of clients served;

24. The release of information to any state or federal law

enforcement authority when necessary in the investigation of any

crime in which the Commission is a victim. Information that is

confidential under this section shall be held confidential by the

law enforcement authority unless and until it is required for use in

court in the prosecution of a defendant in a criminal prosecution;

Oklahoma Statutes - Title 40. Labor

25. The release of information to vendors that contract with

the Oklahoma Employment Security Commission to provide for the

issuance of debit cards, to conduct electronic fund transfers, to

perform computer programming operations, or to perform computer

maintenance or replacement operations; provided the vendor agrees to

protect and safeguard the information it receives and to destroy the

information when no longer needed for the purposes set out in the

contract;

26. The release of information to employees of the Office of

Juvenile Affairs for use in assessing results and outcomes of

clients served as well as the effectiveness of state and local

juvenile and justice programs including prevention and treatment

programs. The information obtained shall be kept confidential by

the Office of Juvenile Affairs and shall not be disclosed or be open

to public inspection. The Office of Juvenile Affairs may release

aggregated data for programs or larger aggregate units, provided

that the aggregation meets disclosure requirements of the Oklahoma

Employment Security Commission;

27. The release of information to vendors that contract with

the State of Oklahoma for the purpose of providing a public

electronic labor exchange system that will support the Oklahoma

Employment Security Commission's operation of an employment service

system to connect employers with job seekers and military veterans.

This labor exchange system would enhance the stability and security

of Oklahoma's economy as well as support the provision of veterans'

priority of service. The vendors may perform computer programming

operations, perform computer maintenance or replacement operations,

or host the electronic solution; provided, each vendor agrees to

protect and safeguard all information received, that no information

shall be disclosed to any third party, that the use of the

information shall be restricted to the scope of the contract, and

that the vendor shall properly dispose of all information when no

longer needed for the purposes set out in the contract; or

28. The release of employer tax information and benefit claim

information to employees of a county public defender's office in

this state and the Oklahoma Indigent Defense System for the purpose

of determining financial eligibility for the services provided by

such entities.

D. Subpoenas to compel disclosure of information made

confidential by this statute shall not be valid, except for

administrative subpoenas issued by federal, state, or local

governmental agencies that have been granted subpoena power by

statute or ordinance. Confidential information maintained by the

Commission can be obtained by order of a court of record that

authorizes the release of the records in writing. All

administrative subpoenas or court orders for production of documents

must provide a minimum of twenty (20) days from the date it is

Oklahoma Statutes - Title 40. Labor

served for the Commission to produce the documents. If the date on

which production of the documents is required is less than twenty

(20) days from the date of service, the subpoena or order shall be

considered void on its face as an undue burden or hardship on the

Commission. All administrative subpoenas, court orders or notarized

waivers of confidentiality authorized by paragraph 2 of subsection C

of this section shall be presented with a request for records within

ninety (90) days of the date the document is issued or signed, and

the document can only be used one time to obtain records.

E. Should any of the disclosures provided for in this section

require more than casual or incidental staff time, the Commission

shall charge the cost of the staff time to the party requesting the

information.

F. It is further provided that the provisions of this section

shall be strictly interpreted and shall not be construed as

permitting the disclosure of any other information contained in the

records and files of the Commission.

Added by Laws 1980, c. 323, § 4-508, emerg. eff. June 13, 1980.

Amended by Laws 1981, c. 259, § 26, emerg. eff. June 25, 1981; Laws

1982, c. 304, § 23, operative Oct. 1, 1982; Laws 1984, c. 251, § 1,

emerg. eff. May 29, 1984; Laws 1990, c. 235, § 3, eff. Sept. 1,

1990; Laws 1993, c. 349, § 35, eff. Sept. 1, 1993; Laws 1994, c.

195, § 8, emerg. eff. May 16, 1994; Laws 1995, c. 340, § 20, eff.

July 1, 1995; Laws 1997, c. 30, § 20, eff. July 1, 1997; Laws 1997,

c. 359, § 15, eff. July 1, 1997; Laws 2000, c. 348, § 3, eff. Nov.

1, 2000; Laws 2001, c. 363, § 28, eff. July 1, 2001; Laws 2002, c.

452, § 26, eff. Nov. 1, 2002; Laws 2003, c. 177, § 8, eff. Nov. 1,

2003; Laws 2005, c. 182, § 12, eff. Nov. 1, 2005; Laws 2006, c. 176,

§ 27, eff. July 1, 2006; Laws 2007, c. 354, § 15, eff. Nov. 1, 2007;

Laws 2010, c. 216, § 13, eff. July 1, 2010; Laws 2010, c. 330, § 1,

eff. July 1, 2010; Laws 2011, c. 256, § 15; Laws 2012, c. 196, § 15,

emerg. eff. May 8, 2012; Laws 2012, c. 304, § 132; Laws 2014, c.

220, § 10, eff. Nov. 1, 2014; Laws 2014, c. 282, § 1, eff. Nov. 1,

2014; Laws 2015, c. 249, § 19, eff. Nov. 1, 2015; Laws 2017, c. 345,

§ 6, eff. July 1, 2017; Laws 2019, c. 251, § 10, eff. July 1, 2019;

Laws 2021, c. 424, § 17, eff. Nov. 1, 2021; Laws 2022, c. 360, § 22,

eff. Nov. 1, 2022.

NOTE: Laws 1997, c. 133, § 453 repealed by Laws 1999, 1st Ex.

Sess., c. 5, § 452, eff. July 1, 1999. Laws 2002, c. 160, § 1

repealed by Laws 2003, c. 3, § 19, emerg. eff. March 19, 2003.

§40-4-509. Information to be furnished to public agencies.

INFORMATION TO BE FURNISHED TO PUBLIC AGENCIES.

A. Subject to such restrictions as the Oklahoma Employment

Security Commission may by rule prescribe, information maintained by

the Commission may be made available to any agency of this or any

other state, or any federal agency, charged with the administration

Oklahoma Statutes - Title 40. Labor

of an unemployment compensation law or the maintenance of a system

of public employment offices, or the Internal Revenue Service of the

United States Department of the Treasury, the United States Social

Security Administration or the Oklahoma Tax Commission. Any

information obtained in connection with the administration of the

employment service may be made available to:

1. Persons or agencies for purposes appropriate to the

operation of a public employment service; or

2. Any agency of this state or its political subdivisions that

operate a program or activity designated as a required partner in

the Workforce Innovation and Opportunity Act One-Stop delivery

system pursuant to 29 U.S.C., Section 3151(b)(1), in accordance with

a written agreement entered into between the partner and the

Commission.

B. Upon request, the Commission shall furnish to any agency of

the United States charged with the administration of public works or

assistance through public employment, and may furnish to any state

agency similarly charged, the name, address, ordinary occupation,

and employment status of each recipient of benefits and such

recipient's rights to further benefits pursuant to the provisions of

the Employment Security Act of 1980. The Commission shall furnish

to public agencies collecting debts created by food purchase

assistance overissuances or administering Transitional Assistance to

Needy Families (TANF) or child support programs, promptly upon

request and in the most economical, effective and timely manner,

information as to:

1. Whether an individual has applied for, is receiving or has

received unemployment insurance and the amount;

2. The individual's current address;

3. Whether the individual has refused employment and if so a

description of the job including the terms, conditions and rate of

pay; and

4. Any other information that might be useful in locating any

individual who may have a food purchase assistance overissuance or

an obligation for support.

Added by Laws 1980, c. 323, § 4-509, emerg. eff. June 13, 1980.

Amended by Laws 1983, c. 275, § 1, emerg. eff. June 24, 1983; Laws

1990, c. 309, § 10, eff. Sept. 1, 1990; Laws 1993, c. 219, § 34,

eff. Sept. 1, 1993; Laws 1997, c. 30, § 21, eff. July 1, 1997; Laws

2002, c. 452, § 27, eff. Nov. 1, 2002; Laws 2017, c. 345, § 7, eff.

July 1, 2017; Laws 2018, c. 14, § 11, eff. Nov. 1, 2018.

§40-4-510. Commission may request examination of return of national

bank.

COMMISSION MAY REQUEST EXAMINATION OF RETURN OF NATIONAL BANK.

The Commission may request the Comptroller of the Currency of the

United States to cause an examination of the correctness of any

Oklahoma Statutes - Title 40. Labor

return or report of any national banking association rendered

pursuant to the provisions of this act, and may in connection with

such request transmit any such report or return to the Comptroller

of the Currency of the United States as provided in Section 1606(c)

of the Federal Internal Revenue Code.

Added by Laws 1980, c. 323, § 4-510, emerg. eff. June 13, 1980.

§40-4-511. Communications to Commission privileged - Not subject to

slander or libel.

COMMUNICATIONS TO COMMISSION PRIVILEGED - NOT SUBJECT TO SLANDER

OR LIBEL. All letters, reports, communications and other matters,

written or oral from employer or former employer or claimant, to the

Commission or any of its agents or to any board which have been

written, sent, or made in connection with the requirements and

administration of this act, shall be absolutely privileged and shall

not be the subject matter or basis for any suit for slander or libel

in any court, but no employer or claimant or their representatives

testifying before the Commission or any board provided for in this

act shall be exempt from punishment for perjury.

Added by Laws 1980, c. 323, § 4-511, emerg. eff. June 13, 1980.

§40-4-601. Applicability.

APPLICABILITY. This part shall apply to the Employment Security

Administration Fund.

Added by Laws 1980, c. 323, § 4-601, emerg. eff. June 13, 1980.

§40-4-602. Fund created.

FUND CREATED. There is hereby created in the State Treasury a

special fund to be known as the Employment Security Administration

Fund. All moneys which are deposited or paid into this fund shall

be continuously available to the Commission for expenditure in

accordance with the provisions of this act, and shall not lapse at

any time or be transferred to any other fund.

Added by Laws 1980, c. 323, § 4-602, emerg. eff. June 13, 1980.

§40-4-603. Moneys expended in accordance with Secretary of Labor.

MONEYS EXPENDED IN ACCORDANCE WITH SECRETARY OF LABOR. All

moneys in this fund which are received from the federal government

or any agency thereof or which are appropriated by this state for

the purposes described in Part 8 of this Article shall be expended

by the Commission solely for the purposes and in the amounts found

necessary by the Secretary of Labor for the proper and efficient

administration of this act.

Added by Laws 1980, c. 323, § 4-603, emerg. eff. June 13, 1980.

§40-4-604.

Composition of fund.

Oklahoma Statutes - Title 40. Labor

COMPOSITION OF FUND. The fund shall consist of all moneys

appropriated by this state, all moneys received from the United

States of America, or any agency thereof, and all moneys received

from any other source for such purpose, and shall also include any

moneys received from any agency of the United States or any other

state as compensation for services or facilities supplied to such

agency, any amounts received pursuant to any surety bond or

insurance policy or from other sources for losses sustained by the

Employment Security Administration Fund or by reason of damage to

equipment or supplies purchased from moneys in such fund, and any

proceeds realized from the sale or disposition of any such equipment

or supplies which may no longer be necessary for the proper

administration of this act.

Added by Laws 1980, c. 323, § 4-604, emerg. eff. June 13, 1980.

§40-4-605. Maintenance of administrative fund.

MAINTENANCE OF ADMINISTRATIVE FUND.

All monies in this fund shall be deposited in a special fund in

the State Treasury. Such monies shall be secured by collateral in

the full amount of the funds on deposit in the same kind and manner

the State Treasurer is required to secure other funds of the state

on deposit.

Added by Laws 1980, c. 323, § 4-605, emerg. eff. June 13, 1980.

Amended by Laws 1997, c. 30, § 22, eff. July 1, 1997; Laws 1997, c.

391, § 2, eff. July 1, 1997.

§40-4-606. State Treasurer liable on official bond.

STATE TREASURER LIABLE ON OFFICIAL BOND. The State Treasurer

shall be liable on his official bond for the faithful performance of

his duties in connection with the Employment Security Administration

Fund provided for under this act. Such liability on the official

bond shall be effective immediately upon the enactment of this

provision, and such liability shall exist in addition to any

liability upon any separate bond existent on the effective date of

this provision, or which may be given in the future. All sums

recovered on any surety bond for losses sustained by the Employment

Security Administration Fund shall be deposited in said fund.

Added by Laws 1980, c. 323, § 4-606, emerg. eff. June 13, 1980.

§40-4-607. Reimbursement of fund.

REIMBURSEMENT OF FUND. This state recognizes its obligation to

replace, and hereby pledges the faith of this state that funds will

be provided in the future, and applied to the replacement of any

moneys received after July 1, 1941, from the Secretary of Labor

under Title III of the Social Security Act, any unencumbered

balances in the Employment Security Administration Fund as of that

date, any moneys thereafter granted to this state pursuant to the

Oklahoma Statutes - Title 40. Labor

provisions of the Wagner-Peyser Act, and any moneys made available

by the state or its political subdivisions and matched by such

moneys granted to this state pursuant to the provisions of the

Wagner-Peyser Act, which the Secretary of Labor finds have, because

of any action or contingency, been lost or have been expended for

purposes other than, or in amounts in excess of, those found

necessary by the Secretary of Labor for the proper administration of

this act. Such moneys shall be promptly replaced by moneys

appropriated for such purpose from the general funds of this state

to the Employment Security Administration Fund for expenditures as

provided in this Part. The Commission shall promptly report to the

Governor, and the Governor to the Legislature, the amount required

for such replacement. This section shall not be construed to

relieve this state of its obligation with respect to funds received

prior to July 1, 1941, pursuant to the provisions of Title III of

the Social Security Act.

Added by Laws 1980, c. 323, § 4-607, emerg. eff. June 13, 1980.

§40-4-608. Reed Act distributions.

REED ACT DISTRIBUTIONS.

A. Monies credited to the account of this state in the

Unemployment Trust Fund, described in Section 3-605 of this title,

by the Secretary of the Treasury of the United States pursuant to 42

U.S.C., Section 1103, may be used for the payment of unemployment

benefits to qualified claimants in this state, or may be

appropriated by the Legislature following the procedure set out in

42 U.S.C., Section 1103 (c)(2), for the administration of the

unemployment compensation law and public employment offices in this

state.

B. Monies credited to the account of this state in the

Unemployment Trust Fund, described in Section 3-605 of this title,

by the Secretary of the Treasury of the United States pursuant to 42

U.S.C., Section 1103, with respect to federal fiscal years 1999,

2000, and 2001, shall be used solely for the administration of the

Unemployment Compensation Program in this state.

Added by Laws 1998, c. 161, § 13, eff. July 1, 1998. Amended by

Laws 2002, c. 452, § 28, eff. Nov. 1, 2002.

§40-4-701. Applicability.

APPLICABILITY. This part shall apply to reciprocal arrangements

with agencies of other states, of the federal government, or with

foreign governments.

Added by Laws 1980, c. 323, § 4-701, emerg. eff. June 13, 1980.

§40-4-702. Reciprocal arrangements authorized.

RECIPROCAL ARRANGEMENTS AUTHORIZED. The Commission is hereby

authorized to enter into reciprocal arrangements with appropriate

Oklahoma Statutes - Title 40. Labor

and duly authorized agencies of other states or of the federal

government, or both, whereby:

1. Services performed by an individual for a single employing

unit for which services are customarily performed in more than one

state shall be deemed to be services performed entirely within any

one of the states in which:

a.

any parts of such individual's service is performed,

b.

such individual has his residence, or

c.

the employing unit maintains a place of business,

provided there is in effect, as to such services, an election,

approved by the agency charged with the administration of such

state's unemployment compensation law, pursuant to which all the

services performed by such individual for such employing unit are

deemed to be performed entirely within such state;

2. The Commission shall cooperate with the Department of Labor

of the United States to the fullest extent consistent with the

provisions of this act, and shall take such action, through the

adoption of appropriate rules, administrative methods and standards,

as may be necessary to secure to this state and its citizens all

advantages available under the provisions of the Social Security

Act, 42 U.S.C., Section 301 et seq., that relate to unemployment

compensation, the Federal Unemployment Tax Act, 26 U.S.C., Section

3301 et seq., the Wagner-Peyser Act, 29 U.S.C., Section 49 et seq.,

the Federal-State Extended Unemployment Compensation Act of 1970, 26

U.S.C., Section 3304 et seq., the Workforce Investment Act of 1998,

29 U.S.C., Section 2801 et seq., and any federal comprehensive

manpower act and any other similar or related federal acts;

3. The Commission shall participate in any arrangements for the

payment of compensation on the basis of combining an individual's

wages and employment covered under said Oklahoma Employment Security

Act, as amended by this act, with his wages and employment covered

under the unemployment compensation laws of other states which are

approved by the United States Secretary of Labor in consultation

with the state unemployment compensation agencies as reasonably

calculated to assure the prompt and full payment of compensation in

such situations and which include provisions for:

a.

applying the base period of a single state law to a

claim involving the combining of an individual's wages

and employment covered under two or more state

unemployment compensation laws, and

b.

avoiding the duplicate use of wage and employment by

reason of such combining; and

4. Contributions due under this act with respect to wages for

insured work shall for the purposes of this act be deemed to have

been paid to the fund as of the date payment was made as

contributions therefor under another state or federal unemployment

compensation law, but no such arrangement shall be entered into

Oklahoma Statutes - Title 40. Labor

unless it contains provisions for such reimbursement to the fund of

such contributions and the actual earnings thereon as the Commission

finds will be fair and reasonable as to all affected interests.

Added by Laws 1980, c. 323, § 4-702, emerg. eff. June 13, 1980.

Amended by Laws 1993, c. 219, § 35, eff. Sept. 1, 1993; Laws 2010,

c. 216, § 14, eff. July 1, 2010.

§40-4-703. Reimbursements to be deemed benefits.

REIMBURSEMENTS TO BE DEEMED BENEFITS. Reimbursements paid from

the fund pursuant to subsection (3) of Section 4-702 of this act

shall be deemed to be benefits for the purpose of this act. The

Commission is authorized to make to other state or federal agencies

and to receive from such other state or federal agencies

reimbursements from or to the fund in accordance with arrangements

entered into pursuant to Section 4-702 of this act.

Added by Laws 1980, c. 323, § 4-703, emerg. eff. June 13, 1980.

§40-4-704. Cooperation authorized.

COOPERATION AUTHORIZED. The administration of this act and of

other state and federal unemployment compensation and public

employment service laws will be promoted by cooperation between this

state and such other states and the appropriate federal agencies in

exchanging services, and making available facilities and

information. The Commission is therefore authorized to make such

investigations, secure and transmit such information, make available

such services and facilities and exercise such of the other powers

provided herein with respect to the administration of this act as it

deems necessary or appropriate to facilitate the administration of

any such unemployment compensation or public employment service law,

and, in like manner, to accept and utilize information, services and

facilities made available to this state by the agency charged with

the administration of any such other unemployment compensation or

public employment service law.

Added by Laws 1980, c. 323, § 4-704, emerg. eff. June 13, 1980.

§40-4-705. Cooperative arrangements with foreign governments.

COOPERATIVE ARRANGEMENTS WITH FOREIGN GOVERNMENTS. To the

extent permissible under the laws and Constitution of the United

States, the Commission is authorized to enter into or cooperate in

arrangements whereby facilities and services provided under the

unemployment compensation law of any foreign government, may be

utilized for the taking of claims and the payment of benefits under

the employment security law of this state or under a similar law of

such government.

Added by Laws 1980, c. 323, § 4-705, emerg. eff. June 13, 1980.

§40-4-801.

Applicability.

Oklahoma Statutes - Title 40. Labor

APPLICABILITY. This part applies to the Oklahoma State

Employment Service.

Added by Laws 1980, c. 323, § 4-801, emerg. eff. June 13, 1980.

§40-4-802. Establishment.

ESTABLISHMENT. The Oklahoma State Employment Service is hereby

established in the Employment Security Division of the Commission.

The Commission, in the conduct of such service, shall establish and

maintain free public employment offices in such number and in such

places as may be necessary for the proper administration of this act

and for the purposes of performing such functions as are within the

purview of the Act of Congress entitled "An Act to provide for the

establishment of a national employment system and for cooperation

with the States in the promotion of such system, and for other

purposes," approved June 6, 1933, (48 Stat. 113; U.S.C., title 29,

Section 49 (c)) as amended, hereinafter referred to as the "WagnerPeyser Act." The provisions of the said Act of Congress are hereby

accepted by this state, and the Commission is hereby designated and

constituted the agency of this state for the purposes of said act.

Added by Laws 1980, c. 323, § 4-802, emerg. eff. June 13, 1980.

§40-4-803. Moneys to be paid into the Employment Security

Administration.

MONEYS TO BE PAID INTO THE EMPLOYMENT SECURITY ADMINISTRATION

FUND. All moneys received by this state under the Wagner-Peyser Act

shall be paid into the Employment Security Administration Fund and

shall be expended solely for the maintenance of the state system of

public employment offices.

Added by Laws 1980, c. 323, § 4-803, emerg. eff. June 13, 1980.

§40-4-804. Cooperative agreements.

COOPERATIVE AGREEMENTS. For the purpose of establishing and

maintaining free public employment offices, and promoting the use of

their facilities, the Commission is authorized to enter into

agreements with the Railroad Retirement Board, or any other agency

of the United States, or of this or any other state, charged with

the administration of any law whose purposes are reasonably related

to the purposes of this act, and as a part of such agreements may

accept moneys, services or quarters as a contribution to the

maintenance of the state system of public employment offices or as

reimbursement for services performed. All moneys received for such

purposes shall be paid into the Employment Security Administration

Fund.

Added by Laws 1980, c. 323, § 4-804, emerg. eff. June 13, 1980.

§40-4-901.

Oklahoma Employment Security Commission Revolving Fund.

Oklahoma Statutes - Title 40. Labor

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Employment Security Commission, to be designated

the "Oklahoma Employment Security Commission Revolving Fund". The

revolving fund shall consist of all penalties and interest received

by the Oklahoma Employment Security Commission. Said revolving fund

shall be a continuing fund, not subject to fiscal year limitations

and shall not be subject to legislative appropriation. Expenditures

from said revolving fund shall be made pursuant to the laws of this

state and the statutes relating to the Oklahoma Employment Security

Commission and shall be for administration expenses of the Oklahoma

Employment Security Commission and for any other purpose which the

Legislature directs. Warrants for expenditures from said fund shall

be drawn by the State Treasurer, based on claims signed by an

authorized employee or employees of the Oklahoma Employment Security

Commission and approved for payment by the Director of the Office of

Management and Enterprise Services.

Added by Laws 1986, c. 205, § 10, emerg. eff. June 6, 1986. Amended

by Laws 1989, c. 313, § 10, operative July 1, 1989; Laws 2012, c.

304, § 133.

§40-5-101. Applicability.

APPLICABILITY. This part applies to penalties for violations of

this act.

Added by Laws 1980, c. 323, § 5-101, eff. July 1, 1980.

§40-5-102. False statement for benefits, failure to disclose

material fact.

FALSE STATEMENT FOR BENEFITS, FAILURE TO DISCLOSE MATERIAL FACT.

A. Whoever makes a false statement or representation knowing it

to be false or knowingly fails to disclose a material fact, to

obtain or increase any benefit or other payment under this act or

under the unemployment compensation law of any state or of the

federal government, either for the individual or for any other

person, shall, upon conviction, be guilty of a misdemeanor and shall

be punished by a fine of not less than Fifty Dollars ($50.00) nor

more than Five Hundred Dollars ($500.00), or by imprisonment for not

more than ninety (90) days, or by both such fine and imprisonment;

and each such false statement or representation or failure to

disclose a material fact shall constitute a separate offense for

each week of benefits.

B. If a person is convicted of the crime described in

subsection A of this section in a particular benefit year, and in

any subsequent benefit year that person again commits the crime

described in subsection A of this section, that person shall be

guilty of a misdemeanor and shall be punished by a fine of not less

than One Hundred Dollars ($100.00) nor more than One Thousand

Dollars ($1,000.00), or by imprisonment for not more than one

Oklahoma Statutes - Title 40. Labor

hundred eighty (180) days, or by both fine and imprisonment. Each

such false statement or representation or failure to disclose a

material fact shall constitute a separate offense for each week of

benefits.

C. Upon conviction sentences may be suspended or upon a plea of

guilty judgment and sentencing may be deferred only upon the

condition of full restitution to the Commission of all benefits so

obtained or the excess of any benefits so increased.

Added by Laws 1980, c. 323, § 5-102, eff. July 1, 1980. Amended by

Laws 2002, c. 452, § 29, eff. Nov. 1, 2002.

§40-5-103. Violations by employers.

VIOLATIONS BY EMPLOYERS. Any employer or any officer or agent

of an employer or any other person who makes a false statement or

representation knowing it to be false, or who knowingly fails to

disclose a material fact, to prevent or reduce the payment of

benefits to any individual entitled thereto, or to avoid becoming or

remaining a subject employer or to avoid or reduce any contribution

or other payment required from an employing unit under this act or

under the unemployment compensation law of any state or of the

federal government, or who willfully fails or refuses to make or to

furnish any reports required hereunder or to produce or permit the

inspection or copying of records as required hereunder, shall be

guilty of a misdemeanor and shall be punished by a fine of not less

than Fifty Dollars ($50.00) nor more than Five Hundred Dollars

($500.00), or by imprisonment for not longer than ninety (90) days,

or by both fine and imprisonment; and each such false statement or

representation or failure to disclose a material fact, and each day

of such failure or refusal shall constitute a separate offense.

Added by Laws 1980, c. 323, § 5-103, eff. July 1, 1980.

§40-5-104. Violations of act, and regulations for which no specific

penalty is otherwise provided.

VIOLATIONS OF ACT, AND REGULATIONS FOR WHICH NO SPECIFIC PENALTY

IS OTHERWISE PROVIDED. Any person who shall willfully violate any

provision of this act or any order, rule, or regulation thereunder,

the violation of which is made unlawful or the observance of which

is required under the terms of this act, and for which a penalty is

neither prescribed in this act nor provided by any other applicable

statute, shall be guilty of a misdemeanor and shall be punished by a

fine of not less than Fifty Dollars ($50.00) nor more than Five

Hundred Dollars ($500.00), or by imprisonment for not longer than

ninety (90) days, or by both such fine and imprisonment, and each

day such violation continues shall be deemed to be a separate

offense.

Added by Laws 1980, c. 323, § 5-104, eff. July 1, 1980.

Oklahoma Statutes - Title 40. Labor

§40-5-107. Wrongful disclosure of information.

WRONGFUL DISCLOSURE OF INFORMATION.

If any employee or member of the Board of Review or the Oklahoma

Employment Security Commission or any employee of the Commission, or

any employee of a governmental unit, private business or nonprofit

entity that is allowed access to information under Section 4-508 of

this title, makes any disclosure of confidential information or

otherwise violates Section 4-508 of this title, or if any person who

has obtained any list of applicants for work, or of claimants or

recipients of benefits, under Section 5-101 et seq. of this title

shall use or permit the use of such list for any political purpose,

such individual shall be guilty of a Class D1 felony offense and

shall be punished by a fine of not less than Fifty Dollars ($50.00)

nor more than Five Hundred Dollars ($500.00), or imprisoned as

provided for in subsections B through F of Section 20N of Title 21

of the Oklahoma Statutes, or both.

Added by Laws 1980, c. 323, § 5-107, eff. July 1, 1980. Amended by

Laws 2021, c. 424, § 18, eff. Nov. 1, 2021; Laws 2025, c. 486, §

501, eff. Jan. 1, 2026.

§40-5-108. Other penalties in this act.

OTHER PENALTIES IN THIS ACT.

Other penalties are provided in the following sections of this

title:

Employer violations of employee rights - Section 2-301

Impermissible charges to claimants - Section 2-302

Disqualification of benefit claims for fraud - Section 2-402

Recovery of benefits paid upon false statement - Section 2-613

SUTA dumping prohibition - Section 3-111.1

Fraud overpayment penalty – Section 2-613

Added by Laws 1980, c. 323, § 5-108, eff. July 1, 1980. Amended by

Laws 2005, c. 182, § 13, eff. Nov. 1, 2005; Laws 2012, c. 196, § 16,

emerg. eff. May 8, 2012.

§40-5-109. Renumbered as § 3-310 of this title by Laws 1993, c.

219, § 36, eff. Sept. 1, 1993.

§40-5-201. Applicability.

APPLICABILITY. The provisions of this part apply to

representation in court in civil or criminal actions of this act.

Added by Laws 1980, c. 323, § 5-201, eff. July 1, 1980.

§40-5-202. Civil actions.

CIVIL ACTIONS. In any civil action to enforce the provisions of

this act the Commission, the Board of Review, and the state may be

represented by any qualified attorney who is employed by the

Commission and is designated by it for this purpose, or at the

Oklahoma Statutes - Title 40. Labor

Commission's request by the Attorney General, or if the action is

brought in the courts of any other state by any attorney qualified

to appear in the courts of that state.

Added by Laws 1980, c. 323, § 5-202, eff. July 1, 1980.

§40-5-203. Criminal actions.

CRIMINAL ACTIONS. All criminal actions for violation of any

provisions of this act, or of any rules or regulations issued

pursuant thereto, shall be prosecuted by the Attorney General of the

state, or by the prosecuting attorney of any county in which the

employing unit has a place of business or the violator resides.

Added by Laws 1980, c. 323, § 5-203, eff. July 1, 1980.

§40-6-101. OESC Computer Fund.

OESC COMPUTER FUND.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Employment Security Commission to be

designated the "OESC Computer Fund". The OESC Computer Fund shall

be separate and distinct from the Unemployment Compensation Fund and

shall consist of:

1. All monies received from employers and paid pursuant to

Section 6-104 of this title;

2. All other sums, from whatever source, received by the

Commission and paid into the OESC Computer Fund; and

3. Property and securities acquired by and through the use of

monies in the OESC Computer Fund.

B. The OESC Computer Fund shall be a continuing fund, not

subject to fiscal year limitations. All monies accruing to the

credit of the OESC Computer Fund are hereby appropriated and may be

budgeted and expended for the purposes set forth in Section 6-102 of

this title. Expenditures from the OESC Computer Fund shall be made

upon warrants issued by the State Treasurer against claims filed, as

prescribed by law, with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 1997, c. 391, § 4, eff. July 1, 1997. Amended by Laws

2012, c. 304, § 134.

§40-6-102. Expenditures from fund.

EXPENDITURES FROM FUND.

A. The monies in the OESC Computer Fund shall be used for the

following purposes:

1. To purchase or lease a new computer system for the Oklahoma

Employment Security Commission to be used in its mission to provide

an employment service, unemployment insurance, and economic research

for the citizens of this state as well as the administration of

these programs;

Oklahoma Statutes - Title 40. Labor

2. To purchase or lease any auxiliary or peripheral equipment

necessary for the operation of the new computer system;

3. To purchase or lease any and all software needed for the

operation of the new computer system;

4. To pay for all computer programming and analysis necessary

to make the new computer system operational;

5. To pay for all designing, engineering, planning, networking,

and training to make the new computer system operational;

6. To pay for all shipping and installation charges for the

computer system and its auxiliary and peripheral equipment; and

7. To make refunds of contributions erroneously collected and

deposited in the OESC Computer Fund.

B. If any money remains in this fund after the new computer

system has been brought on line and made fully operational, that

excess money shall be transferred to the Unemployment Compensation

Fund.

C. If the Commission receives a grant from the United States

Department of Labor to be used to make the Commission's computer

system compliant with the year 2000, or if the Commission receives a

grant from the United States Department of Labor to upgrade or

modify its Interactive Voice Response System (IVRS), then the

Commission will, upon receipt of the federal grant money, deduct an

equal amount of money from the OESC Computer Fund and transfer it to

the Unemployment Compensation Fund.

Added by Laws 1997, c. 391, § 5, eff. July 1, 1997.

§40-6-103. Custodian and treasurer of fund.

CUSTODIAN AND TREASURER OF FUND.

A. The State Treasurer shall be the custodian and treasurer of

the OESC Computer Fund.

B. The State Treasurer shall deposit the monies belonging to

the OESC Computer Fund, that are in his or her custody, subject to

the provisions of Section 7 of this act.

C. The State Treasurer, as custodian of the OESC Computer Fund,

shall hold, invest, transfer, sell, deposit, and release those

monies, properties, or securities in a manner approved by the

Oklahoma Employment Security Commission. Provided, however, that

those monies shall be invested in the classes of securities legal

for investment of public monies of this state. Provided further,

the investment shall at all times be so made that all assets of the

OESC Computer Fund shall always be readily convertible into cash

when needed for any expenditure authorized in Section 5 of this act.

Added by Laws 1997, c. 391, § 6, eff. July 1, 1997.

§40-6-104. Computer fund assessments.

COMPUTER FUND ASSESSMENTS.

Oklahoma Statutes - Title 40. Labor

A. 1. For the period from July 1, 1997, to June 30, 1998, each

employer subject to the provisions of Sections 3-103, 3-109 and 3110 of Title 40 of the Oklahoma Statutes shall be required to pay an

OESC Computer Fund assessment equal to fifty percent (50%) of the

unemployment contributions that would be owed to the Oklahoma

Employment Security Commission before any rate reduction is made

pursuant to Section 3 of this act. This assessment shall be in

addition to any contribution which that employer is required to make

pursuant to the provisions of the Employment Security Act of 1980.

2. The assessment provided for in this section shall not be

considered part of any contribution required of an individual

employer pursuant to the Employment Security Act of 1980, nor shall

it be considered for purposes of determining the individual

employers contribution rate.

B. Employers assigned a tax rate pursuant to Sections 3-103 and

3-110 of Title 40 of the Oklahoma Statutes shall pay an OESC

Computer Fund assessment equal to the rate reduction granted them

pursuant to Section 3 of this act.

C. Employers who qualify for an earned rate calculated pursuant

to Section 3-109 of Title 40 of the Oklahoma Statutes, and are given

a rate of five and one-half percent (5.5%), shall be exempt from the

provisions of this section.

D. Employers making payments in lieu of contributions pursuant

to Sections 3-702, 3-705 and 3-806 of Title 40 of the Oklahoma

Statutes shall be exempt from the provisions of this section.

E. The assessment shall be made and collected by the Oklahoma

Employment Security Commission for deposit, on a quarterly basis, to

the credit of the OESC Computer Fund. Provided, all monies received

by the Oklahoma Employment Security Commission for the account of

the OESC Computer Fund, upon receipt, shall be deposited in a

clearance account in a financial institution located in this state.

F. Once the sum of Twenty Million Dollars ($20,000,000.00) is

collected through this assessment, any amount of money collected

through this assessment in excess of Twenty Million Dollars

($20,000,000.00) shall be transferred to the Unemployment

Compensation Fund.

G. The Oklahoma Employment Security Commission shall promulgate

such rules as may be necessary to implement the provisions of

Sections 3 through 7 of this act.

Added by Laws 1997, c. 391, § 7, eff. July 1, 1997.

§40-6-201. OESC Technology Fund.

OESC TECHNOLOGY FUND.

A. There is hereby created in the State Treasury a revolving

fund for the Oklahoma Employment Security Commission to be

designated the "OESC Technology Fund". The OESC Technology Fund

Oklahoma Statutes - Title 40. Labor

shall be separate and distinct from the Unemployment Compensation

Fund and shall consist of:

1. All monies received from employers and paid pursuant to

Section 6-204 of this title; and

2. Financial instruments, certificates of deposit, bonds and

securities acquired by and through the use of monies in the OESC

Technology Fund.

B. The OESC Technology Fund shall be a continuing fund, not

subject to fiscal year limitations. All monies accruing to the

credit of the OESC Technology Fund are hereby appropriated and shall

be budgeted and expended solely for the purposes of modernizing the

business processes and technology of the Oklahoma Employment

Security Commission as set forth in Section 6-202 of this title.

Expenditures from the OESC Technology Fund shall be made upon

warrants issued by the State Treasurer against claims filed, as

prescribed by law, with the Director of the Office of Management and

Enterprise Services for approval and payment.

Added by Laws 2017, c. 345, § 9, eff. July 1, 2017. Amended by Laws

2019, c. 251, § 11, eff. July 1, 2019.

§40-6-202. Expenditures from fund.

EXPENDITURES FROM FUND.

A. The monies in the OESC Technology Fund shall be used for the

following purposes:

1. To purchase or lease new technology systems hardware for the

Oklahoma Employment Security Commission to be used in its mission to

provide employment services, unemployment insurance and economic

research for the citizens of this state as well as the

administration of these programs;

2. To purchase or lease any auxiliary or peripheral equipment

necessary for the operation of the new technology systems;

3. To pay for the maintenance of all OESC technology system

hardware;

4. To purchase or lease any and all software needed for the

operation of the new technology systems;

5. To pay for all OESC technology system software license fees;

6. To pay for all programming and analysis necessary to make

the new technology system operational;

7. To pay for all testing, designing, engineering, planning,

networking and training to make the new technology system

operational;

8. To pay for all shipping and installation charges for the

technology system and its auxiliary and peripheral equipment;

9. To contract with vendors and hire personnel as necessary to

accomplish the modernization effort;

10. To analyze business processes and develop requirements for

Requests for Proposals;

Oklahoma Statutes - Title 40. Labor

11. To fund project planning, project management, strategy

development and project consulting services; and

12. To make refunds of money erroneously collected and

deposited in the OESC Technology Fund.

B. Prior to expenditures authorized by paragraphs 1, 4, 6, 7,

9, 10 and 11 of subsection A of this section, the Chief Information

Officer of the Office of Management and Enterprise Services shall be

consulted for recommendations. The Office of Management and

Enterprise Services shall provide periodic oversight of the

technology modernization efforts and may assist the Oklahoma

Employment Security Commission in any manner necessary to accomplish

the purposes of this fund, including requiring the Oklahoma

Employment Security Commission to provide regular reports to the

Office of Management and Enterprise Services on the technology

modernization efforts.

Added by Laws 2017, c. 345, § 10, eff. July 1, 2017. Amended by

Laws 2023, c. 346, § 5, eff. Nov. 1, 2023.

§40-6-203. Custodian and treasurer of fund.

CUSTODIAN AND TREASURER OF FUND.

A. The State Treasurer shall be the custodian and treasurer of

the OESC Technology Fund.

B. The State Treasurer shall deposit the monies belonging to

the OESC Technology Fund that are in his or her custody subject to

the provisions of Section 6-204 of this title.

C. The State Treasurer, as custodian of the OESC Technology

Fund, shall hold, invest, transfer, sell, deposit and release those

monies, properties or securities in a manner approved by the

Oklahoma Employment Security Commission. Provided, however, that

those monies shall be invested in the classes of securities legal

for investment of public monies of this state. Provided further,

the investment shall at all times be so made that all assets of the

OESC Technology Fund shall always be readily convertible into cash

when needed for any expenditure authorized in Section 6-202 of this

title.

Added by Laws 2017, c. 345, § 11, eff. July 1, 2017. Amended by

Laws 2019, c. 251, § 12, eff. July 1, 2019.

§40-6-204. Technology reinvestment apportionment.

TECHNOLOGY REINVESTMENT APPORTIONMENT.

A. 1. For the period beginning January 1, 2023, and ending

December 31, 2027, each employer subject to the provisions of

Sections 3-109, 3-110.1 and 3-113 of this title shall be required to

pay an OESC Technology Reinvestment Apportionment equal to five

percent (5%) of the unemployment taxes that would be owed to the

Oklahoma Employment Security Commission before any rate reduction is

made pursuant to Section 3-109.3 of this title. This apportionment

Oklahoma Statutes - Title 40. Labor

shall be in addition to any contribution which that employer is

required to make pursuant to the provisions of the Employment

Security Act of 1980.

2. The apportionment provided for in this section shall not be

considered part of any unemployment taxes required of an individual

employer pursuant to the Employment Security Act of 1980, nor shall

it be considered for purposes of determining the individual

employer's tax rate.

B. Employers assigned a tax rate pursuant to Section 3-110.1 of

this title shall pay an OESC Technology Reinvestment Apportionment

equal to the rate reduction granted them pursuant to Section 3-109.3

of this title.

C. Employers making payments in lieu of contributions pursuant

to Sections 3-702, 3-705 and 3-806 of this title shall be exempt

from the provisions of this section.

D. The apportionment shall be made and collected by the

Oklahoma Employment Security Commission for deposit, on a monthly

basis, to the credit of the OESC Technology Fund. Provided, all

monies received by the Oklahoma Employment Security Commission for

the account of the OESC Technology Fund, upon receipt, shall be

deposited in a clearance account.

E. The Oklahoma Employment Security Commission shall promulgate

such rules as may be necessary to implement the provisions of

Sections 3-109.3 and 6-201 through 6-205 of this title.

F. The Oklahoma Employment Security Commission shall create an

annual report detailing the collection of the apportionment funds

and the expenditures from the OESC Technology Fund. The report

shall be filed on or before March 31 of each year following the

effective date of this act. The report shall be filed with the

Governor, the President Pro Tempore of the Senate, the Speaker of

the House of Representatives, the State Treasurer, the State Auditor

and Inspector, and the Director of the Office of Management and

Enterprise Services.

Added by Laws 2017, c. 345, § 12, eff. July 1, 2017. Amended by

Laws 2019, c. 251, § 13, eff. July 1, 2019; Laws 2023, c. 346, § 6,

eff. Nov. 1, 2023.

§40-6-205. Technology Fund balance.

TECHNOLOGY FUND BALANCE.

The balance of the OESC Technology Fund on July 1 of any given

year shall be used in the calculation of conditional factors

pursuant to Section 3-113 of this title as long as the OESC

Technology Fund has a balance greater than zero (0).

The balance of the fund shall not exceed Twenty-five Million

Dollars ($25,000,000.00) prior to June 30, 2024, or be greater than

the calculated amount of Twenty-five Million Dollars

Oklahoma Statutes - Title 40. Labor

($25,000,000.00). All funds in excess of these amounts shall be

transferred to the Unemployment Compensation Fund.

The calculation shall be conducted in the following manner: The

balance of the OESC Technology Fund as of July 1 of any given year

shall be aggregated with the balance of the Unemployment

Compensation Fund as of July 1 of the same year, with the resulting

sum to be used in the calculation of the conditional factors as set

out in Section 3-113 of this title. The aggregate of the two fund

balances shall only be for the purpose of the calculation and in no

way shall balances in these two funds be commingled.

Added by Laws 2017, c. 345, § 13, eff. July 1, 2017. Amended by

Laws 2023, c. 346, § 7, eff. Nov. 1, 2023.

§40-9-101. Effective date.

EFFECTIVE DATE. (1) Except as otherwise provided in this

article, this act becomes effective on July 1, 1980.

(2) Article 4 on Administration takes effect upon enactment of

this act.

(3) Part 6 of Article 2 on Appeals takes effect on October 1,

1980; provided however, the Oklahoma Employment Security Commission

may by resolution provide that Part 6 of Article 2 on Appeals

becomes effective at an earlier date than October 1, 1980, if the

Commission by resolution adopts an earlier date.

Added by Laws 1980, c. 323, § 9-101, eff. July 1, 1980.

§40-9-102. Repeal.

REPEAL. The Oklahoma Employment Security Act, 40 O.S. 1971,

Sections 211 through 238.1, both inclusive, as amended, is hereby

repealed subject to the provisions of Section 9-103, except that 40

O.S. 1971, Section 226 (a) and (b) are not repealed.

Added by Laws 1980, c. 323, § 9-102, eff. July 1, 1980.

§40-9-103. Transitional provisions.

TRANSITIONAL PROVISIONS. (1) Notwithstanding the repeal of the

Oklahoma Employment Security Act by Section 9-102 of this title, all

liabilities accruing thereunder, including both civil and criminal

liabilities, including but not limited to liabilities for

contributions, liabilities for refunds, liabilities for repayment

and liabilities for interest and penalties, shall not be

extinguished by the repeal of the Oklahoma Employment Security Act

and such liabilities shall be liabilities under this act and shall

be administered and enforced as liabilities under this act.

(2) Unemployment experience, wage records and contribution

records under the Oklahoma Employment Security Act, 40 O.S. 1971,

Section 211 through Section 238.1, both inclusive, as amended, shall

be deemed and shall constitute the same things under this act unless

and except this act expressly provides otherwise.

Oklahoma Statutes - Title 40. Labor

Added by Laws 1980, c. 323, § 9-103, eff. July 1, 1980.

Laws 2010, c. 216, § 15, eff. July 1, 2010.

Amended by

§40-9-104. Emergency.

EMERGENCY. It being immediately necessary for the preservation

of the public peace, health and safety, an emergency is hereby

declared to exist, by reason whereof this act shall take effect and

be in full force from and after its passage and approval.

Added by Laws 1980, c. 323, § 9-104, eff. July 1, 1980.

Source: official Oklahoma text · Last verified 2026-08-27

Frequently Asked Questions About Oklahoma § 40-3

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