Oklahoma § 68-212 - Cancellation or refusal of license or permit

§ 68-212. Cancellation or refusal of license or permit

A. The Oklahoma Tax Commission is authorized to cancel or to

refuse the issuance, extension, or reinstatement of any license,

permit, or duplicate copy thereof, under the provisions of any state

tax law or other law, to any person, firm, or corporation who shall

be guilty of:

1. Violation of any of the provisions of this article;

2. Violation of the provisions of any state tax law;

3. Violation of the rules and regulations promulgated by the

Tax Commission for the administration and enforcement of any state

tax law;

Oklahoma Statutes - Title 68. Revenue and Taxation

4. Failure to observe or fulfill the conditions upon which the

license or permit was issued; or

5. Nonpayment of any delinquent tax or penalty.

B. Before any license, permit, or duplicate copy thereof may be

canceled, the Tax Commission shall give the owner of such license or

permit, or applicant therefor, twenty (20) days’ notice by

registered mail or certified mail with return receipt requested, of

a hearing before the Tax Commission, granting such person an

opportunity to show cause why such action should not be taken. If

the notice has been mailed as required by this section, failure of

the person to have received actual notice of the hearing shall

neither invalidate nor be grounds for invalidating any action taken

at the hearing or pursuant to the hearing.

C. Within sixty (60) days of the date indicated on any notice

of refusal to issue, extend, or reinstate any license, permit, or

duplicate copy thereof, the applicant may file with the Tax

Commission a written protest signed by the applicant or the

authorized agent of the applicant, stating the reasons the license,

permit, or duplicate copy thereof should be issued and requesting an

administrative hearing. If a hearing is requested, the applicant

shall be given at least ten (10) days’ notice of the hearing.

D. Upon the cancellation of any license, permit, or duplicate

copy thereof by the Tax Commission, all accrued taxes and penalties,

although such taxes and penalties are not, at the time of the

cancellation, due and payable under the terms of the state tax law

imposing or levying such tax or taxes, shall become due and payable

concurrently with the cancellation of such license, permit, or

duplicate copy thereof, and the licensee or permittee shall

forthwith make a report covering the period of time not covered by

preceding reports filed by such person and ending with the date of

the cancellation and shall pay all such taxes and penalties.

E. The Tax Commission may enter its order temporarily

suspending any license, permit, or duplicate copy thereof pending a

final hearing before it on the subject of the cancellation of such

license, permit, or duplicate copy thereof, and may give notice of

such temporary suspension at the same time that notice of its

intention to cancel any license, permit, or duplicate copy or to

refuse the issuance, reinstatement, or extension thereof is given,

as provided by this section. After being given notice of any such

order of suspension, it shall be unlawful for any person to continue

to operate his or her business under any such suspended license,

permit, or duplicate copy thereof.

F. In the event any such person shall continue or threaten to

continue such unlawful operations after having received proper

notice of the suspension, cancellation, revocation, or refusal to

issue, extend, or reinstate his or her license, permit, or duplicate

copy thereof, upon complaint of the Tax Commission such person shall

Oklahoma Statutes - Title 68. Revenue and Taxation

be enjoined from further operating or conducting such unlawful

business. In all cases where injunction proceedings are brought

under this article, the Commission shall not be required to furnish

bond, and where notice of suspension, cancellation, revocation, or

refusal to issue, extend, or reinstate any license, permit, or

duplicate copy thereof has been given in accordance with the

provisions of this section, no further notice shall be required

before the issuance of a temporary restraining order by the district

court.

Added by Laws 1965, c. 414, § 2, emerg. eff. July 7, 1965. Amended

by Laws 1989, c. 249, § 8, eff. July 1, 1989; Laws 2012, c. 357, §

4, eff. July 1, 2012; Laws 2023, c. 359, § 1, eff. Nov. 1, 2023.