Oklahoma § 47-953 - Licenses - Fees - Renewal - Disciplinary actions - Civil

§ 47-953. Licenses - Fees - Renewal - Disciplinary actions - Civil

enforcement actions.

A. No operator shall be permitted nor shall any employee of any

operator be permitted, allowed or caused to solicit business or make

service calls without the operator first having obtained from the

Department of Public Safety a license to operate a wrecker or towing

service. The number of the license shall be displayed, in

conformance with rules of the Department, on both sides of every

wrecker vehicle operated by the wrecker or towing service.

B. The license fee required by this section shall be in lieu of

the motor carrier filing fee as required in Section 165 of this

title. No applicant for a wrecker license shall be required to

prove public convenience and necessity, file notices, nor shall a

public hearing be held. The fee for such license shall be Five

Hundred Dollars ($500.00), of which Ninety Dollars ($90.00) shall be

deposited in the General Revenue Fund and Four Hundred Ten Dollars

($410.00) shall be deposited in the Department of Public Safety

Restricted Revolving Fund created pursuant to Section 2-145 of this

title for the administration of the Department's Wrecker Services

Division and modernization of computer programs. No license fee

shall be refunded in the event the license is suspended or revoked.

C. All licenses shall expire on the last day of the calendar

year and may be renewed annually at a cost of Two Hundred Fifty

Oklahoma Statutes - Title 47. Motor Vehicles

Dollars ($250.00) upon application to the Department as prescribed

by rule. Two Hundred Dollars ($200.00) of the fees collected in

this subsection shall be deposited in the Department of Public

Safety Restricted Revolving Fund created in Section 2-145 of this

title for the modernization of computer programs and the

administration of the Department's Wrecker Services Division and

Fifty Dollars ($50.00) shall be deposited in the General Revenue

Fund. No license fee shall be refunded in the event the license is

suspended or revoked.

D. The Department shall issue a letter of reprimand, cancel,

suspend, revoke, or refuse to issue or renew the license of an

operator when it finds the licensee or applicant has not complied

with or has violated any of the provisions of the Nonconsensual

Towing Act of 2011, or any rules adopted by the Department. A

suspension or revocation shall be for a period of time deemed

appropriate by the Department for the violation. Any canceled,

suspended, or revoked license shall be returned to the Department by

the operator, and the operator shall not be eligible to apply for

another license until the period of suspension or revocation has

elapsed.

E. The provisions of the Administrative Procedures Act are

expressly made applicable to the Nonconsensual Towing Act of 2011.

F. In any civil action to enforce the equal application of the

alternation or rotation of wrecker or towing services regulated by a

political subdivision of the state, the prevailing party shall be

allowed attorney fees determined by the court, to be taxed and

collected as costs.

G. Fees collected pursuant to the provisions of this section

shall be remitted to the State Treasurer to be credited to the

General Revenue Fund in the State Treasury except as provided by

subsection H of this section.

H. Fees allocated to the Department by this section shall be

deposited in the Department of Public Safety Restricted Revolving

Fund.

Added by Laws 1970, c. 323, § 3. Amended by Laws 1977, c. 73, § 1,

emerg. eff. May 25, 1977; Laws 1980, c. 11, § 1, eff. Oct. 1, 1980;

Laws 1982, c. 170, § 3, operative Oct. 1, 1982; Laws 1983, c. 286, §

32, operative July 1, 1983; Laws 1984, c. 264, § 9, operative July

1, 1984; Laws 1986, c. 144, § 3, emerg. eff. April 21, 1986; Laws

1987, c. 5, § 167, emerg. eff. March 11, 1987; Laws 1995, c. 50, §

3, emerg. eff. April 10, 1995; Laws 2004, c. 418, § 26, eff. July 1,

2004; Laws 2012, c. 283, § 15, eff. July 1, 2012; Laws 2021, c. 334,

§ 2, eff. Nov. 1, 2021.