Oklahoma § 68-320 - Surety, collateral or cash bond requirements for

§ 68-320. Surety, collateral or cash bond requirements for

distributing agents, wholesalers or jobbers - Release of surety or

security - Multiple licenses.

A. Every person making application for a distributing agent's

license under this article or the following article containing the

tobacco Products Tax Code shall, before being issued such license

and as a condition of carrying on such business, file with the

Oklahoma Tax Commission a surety or collateral or cash bond in the

amount of Twenty-five Thousand Dollars ($25,000.00) payable to the

State of Oklahoma, and conditioned upon compliance with the

provisions of this article or the following article of this Code,

and the rules of the Oklahoma Tax Commission.

B. Every person making application for a wholesaler's or

jobber's license under this article shall, before being issued such

Oklahoma Statutes - Title 68. Revenue and Taxation

license and as a condition of carrying on such business, file with

the Tax Commission a surety or collateral or cash bond in the amount

of Twenty-five Thousand Dollars ($25,000.00) payable to the State of

Oklahoma and conditioned upon compliance with the provisions of this

article and the rules of the Oklahoma Tax Commission.

C. 1. Sixty (60) days after making a written request for

release to the Tax Commission, the surety of a bond furnished by a

licensee shall be released from any liability to the state accruing

on the bond after the sixty-day period. The release does not affect

any liability accruing before the expiration of the sixty-day

period.

2. The Tax Commission shall promptly notify the licensee

furnishing the bond that a release has been requested. Unless the

licensee obtains a new bond that meets the requirements of this act

and files with the Tax Commission the new bond within the sixty-day

period, the Tax Commission shall cancel the license.

3. Sixty (60) days after making a written request for release

to the Tax Commission, the cash deposit provided by a licensee shall

be canceled as security for any obligation accruing after the

expiration of the sixty-day period. However, the Tax Commission may

retain all or part of the cash deposit for up to three (3) years and

one (1) day as security for any obligations accruing before the

effective date of the cancellation. Any part of the deposit not

retained by the Tax Commission shall be released to the licensee.

Before the expiration of the sixty-day period, the licensee shall

provide the Tax Commission with a bond that satisfies the

requirements of this act, or the Tax Commission shall cancel the

license.

4. Any licensee who has filed a bond or other security is

entitled, on request, to have the Tax Commission return, refund, or

release the bond or security if, in the judgment of the Tax

Commission, the licensee has continuously complied with the

provisions of this article and Article 4 containing the tobacco

products tax code for the previous three (3) consecutive years.

However, if the Tax Commission determines that the revenues of the

state would be jeopardized by the return, refund or release of bond

or security, the Tax Commission may elect to retain the bond or

security, or having released such, may reimpose a requirement for

bond or security to protect the revenues of this state. The

decision of the Tax Commission to not release a bond or security may

be reviewed, after application by the licensee, pursuant to the

Administrative Procedures Act.

D. In the event any applicant for a license applies for more

than one license pursuant to this article or Article 4 containing

the tobacco products tax code, the applicant shall not be required

to post a bond for each license, but shall be required to post a

bond for the license which requires the greatest amount of bond.

Oklahoma Statutes - Title 68. Revenue and Taxation

Added by Laws 1965, c. 195, § 2, emerg. eff. June 10, 1965. Amended

by Laws 1968, c. 235, § 1, emerg. eff. April 24, 1968; Laws 2006, c.

272, § 8, eff. Nov. 1, 2006.