0 chapters · 391 sections in this title.
17 O.S. § 327 Approval requirements for certain bills to change the
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Petroleum Storage Tank Indemnity Fund. A. Any Petroleum Storage Tank Indemnity Fund bill which would change the distribution of the assessment imposed pursuant to the provisions of Section 327.1 of this title and decrease the amount required to be deposited in the Petroleum Stora…
17 O.S. § 327.1 Assessment on motor fuel – Exemptions - Allocation
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A. Except as otherwise provided by this section, there shall be an assessment of one cent ($0.01) per gallon upon the sale of each gallon of motor fuel used or consumed in this state. The assessment imposed pursuant to the provisions of this section shall be for the purposes of p…
17 O.S. § 327.2 Duty to precollect assessment – Collection report
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A. It shall be the duty of every supplier, licensed importer or any other appropriate person under this act to precollect and remit any assessment so precollected pursuant to the provisions of this act and Section 327.1 of this title and make and submit an assessment collection r…
17 O.S. § 327.3 Reimbursement for allowable costs from an eligible
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release. A. The Oklahoma Petroleum Storage Tank Indemnity Program shall provide reimbursement to eligible persons for allowable costs resulting from an eligible release pursuant to the provisions of this section. B. 1. The Oklahoma Petroleum Storage Tank Indemnity Fund: a. may re…
17 O.S. § 327.4 Confidential records, reports or information
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Upon a showing satisfactory to the Corporation Commission by any person that records, reports or information, or a particular part thereof, if made public, would divulge production or sales figures or methods, processes or production unique to such person or would otherwise tend …
17 O.S. § 327.5 Indemnity Fund claim payments - Subrogation
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A. Payment of any claim from the Indemnity Fund shall be subject to the Indemnity Fund acquiring by subrogation the right to recover from any person any amounts paid by the Indemnity Fund to or on behalf of any eligible person which may be determined to be fraudulent, reimbursabl…
17 O.S. § 328 Oklahoma Leaking Underground Storage Tank Trust Fund -
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Oklahoma Leaking Underground Storage Tank Revolving Fund. A. There is hereby created in the State Treasury a fund for the Corporation Commission to be designated the "Oklahoma Leaking Underground Storage Tank Trust Fund". The fund shall be a continuing fund, not subject to fiscal…
17 O.S. § 33 Administrative Aide - Salary - Powers and duties - Office
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location. Each Corporation Commissioner is hereby authorized to employ one (1) Administrative Aide. Said positions shall be in the unclassified service and each shall have a maximum annual salary, payable monthly, which shall be specified in the Commission's annual appropriation …
17 O.S. § 330 Required procedures for hearing of protests
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A. In every case requiring the exercise of its adjudicative authority pursuant to the Oklahoma Petroleum Storage Tank Consolidation Act, the Corporation Commission shall: 1. Require that any person protesting a case shall file a response or notice of protest at least five (5) day…
17 O.S. § 34.1 Implementation and administration of Public Utility
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Regulatory Policies Act and Residential Energy Conservation Program. The Oklahoma Corporation Commission shall have the power to implement and administer the Public Utility Regulatory Policies Act (P.L. 95-617) and the Residential Energy Conservation Program, 42 U.S.C., Sections …
17 O.S. § 34.2 Employees under Federal Underground Injection Control
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Project. A. Prior to July 1, 1991, full-time-equivalent employee positions filled contingent upon the procurement of funding provided under the Federal Underground Injection Control Program shall be in the unclassified service and not subject to the provisions of the Oklahoma Per…
17 O.S. § 340 Storage Tank Advisory Council - Members - Quorum -
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Authority - Rules - Expenses. A. 1. There is hereby created within the Corporation Commission the Storage Tank Advisory Council. The Council shall consist of eleven (11) members. 2. Three members shall be appointed by the Governor, four members shall be appointed by the Speaker o…
17 O.S. § 341 Unlawful to sell, offer for sale, use or consume regulated
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substances not in compliance. It shall be unlawful for any person, firm or corporation in the State of Oklahoma to sell, offer for sale, use or consume any regulated substances manufactured in this state or brought into it unless the same complies with the rules of the Corporatio…
17 O.S. § 341.1 Fuel inspection and compliance personnel
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For the purpose of enforcing the fuel inspection laws of the State of Oklahoma, the Corporation Commission Petroleum Storage Tank Division shall appoint and assign fuel inspection and compliance personnel sufficient to discharge the duties and obligations of the Commission regard…
17 O.S. § 341.2 Division employees – Prohibited from jobs or businesses
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in regulated field. The employees of the Petroleum Storage Tank Division shall not engage in any job or business in an industry or engage in a profession in any area or field regulated by the Petroleum Storage Tank Division of the Corporation Commission. Added by Laws 2018, c. 27…
17 O.S. § 341.3 Severability
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If any section, paragraph, sentence, or phrase of Section 301 et seq. of this title shall be declared unconstitutional or void, for any reason, by any court of final jurisdiction, such decision shall not in any way invalidate or affect any other section, paragraph, sentence, or p…
17 O.S. § 342 Authority to promulgate rules and specifications
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A. Jurisdiction is conferred upon the Corporation Commission, and the same is authorized and empowered, to prescribe and promulgate rules and specifications for safety and quality with reference to regulated substances as it may deem proper from time to time. The Corporation Comm…
17 O.S. § 343 Inspection required for regulated substances and mixtures
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- Penalties. A. It shall be unlawful for any person to sell, or offer for sale, any regulated substance without first having had the same inspected and any liquid intended to be mixed with any regulated substance to form a mixture designed to be used as in internal combustion eng…
17 O.S. § 344 Refusal to admit inspector - Penalties
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A. Any dealer in or manufacturer or other person in possession of regulated substances who refuses to admit an inspector upon the premises to perform the duties of the inspector shall, for each refusal to admit on his or her premises, or obstruction offered to an inspector, be gu…
17 O.S. § 345 Authority to promulgate tests, standards, specifications
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and rules – Voluntary calibration program. A. The Corporation Commission is hereby authorized and directed to promulgate such tests, standards, specifications and rules necessary to carry out the provisions of this act and to ensure that all measuring devices shall be of the high…
17 O.S. § 346 Duty to inspect fueling facilities
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A. It shall be the duty of the Petroleum Storage Tank Division to inspect all fueling facilities where regulated substances are kept or stored, for the purpose of determining whether or not such products comply with the orders, rules and specifications of the Corporation Commissi…
17 O.S. § 346.1 Duty to inspect measuring devices
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It shall be the duty of the Corporation Commission Petroleum Storage Tank Division to inspect all measuring devices in this state for the purpose of determining whether or not such measuring devices comply with the tests, standards, specifications and rules of the Commission prom…
17 O.S. § 346.2 Applicability to regulated substances in transit to
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other states. The provisions of Section 341 of this title shall not apply to regulated substances brought into this state in transit for shipment to and consumption in other states or territories. Added by Laws 2018, c. 27, § 43, eff. Nov. 1, 2018. Amended by Laws 2019, c. 82, § …
17 O.S. § 346.3 Noncompliance – Tampering with sign, lock or seal -
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Penalties. Any person, firm or corporation who sells, offers for sale, uses or consumes any regulated substance within the State of Oklahoma which does not comply with the rules and specifications of the Corporation Commission and the laws of the State of Oklahoma, or any person …
17 O.S. § 346.4 Noncompliance of measuring device – Tampering with sign
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label, seal or lock – Violation of rule or order - Penalties. Any person who owns or has custody or control of any measuring device which does not meet or comply with the tests, standards, specifications and rules of the Corporation Commission or any person who tampers with, alte…
17 O.S. § 347 Ethanol or methanol label requirements
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A. No person shall sell or offer for sale motor fuel from a motor fuel dispenser supplied by a storage tank into which motor fuel that contains a mixture of at least one percent (1%) by volume of ethanol or methanol has been delivered within the sixty-day period preceding the dat…
17 O.S. § 347.1 Retail facilities not required to post information on
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fuel activities – Label required for aircraft fuel with alcohol. Except as otherwise provided in this section, retail facilities that sell motor fuel shall not be required to post information regarding fuel additives on the motor fuel dispenser or anywhere else on the premises of…
17 O.S. § 348 Definitions
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As used in this act, unless the context or subject matter otherwise requires: 1. "Antifreeze" shall include all substances and preparations intended for use as the cooling medium, or to be added to the cooling liquid, in the cooling system of internal combustion engines to preven…
17 O.S. § 348.1 Adulterated antifreeze
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An antifreeze shall be deemed to be adulterated: 1. If it consists in whole or in part of any substance which will render it injurious to the cooling system of an internal combustion engine or will make the operation of the engine dangerous to the user; or 2. If its strength, qua…
17 O.S. § 348.2 Misbranded antifreeze
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An antifreeze shall be deemed to be misbranded: 1. If its labeling is false or misleading in any particular; or 2. If in package form it does not bear a label containing the name and place of business of the manufacturer, packer, seller or distributor and an accurate statement of…
17 O.S. § 348.3 Sample analysis of antifreeze prior to sale – Annual
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permit application and fee. Before any antifreeze shall be sold, exposed for sale or held with intent to sell within this state, a sample thereof must be analyzed pursuant to standards established by the Oklahoma Corporation Commission and a certified analysis submitted to the Pe…
17 O.S. § 348.4 Enforcement by Petroleum Storage Tank Division
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The Petroleum Storage Tank Division of the Oklahoma Corporation Commission shall enforce the provisions of Sections 348 through 348.9 of this title by certification, inspections, chemical analysis or any other appropriate methods. All samples for inspection or analysis shall be t…
17 O.S. § 348.5 Authority to promulgate rules
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The Oklahoma Corporation Commission shall have the authority to promulgate such rules and regulations as are necessary to promptly and effectively enforce the provisions of Sections 348 through 348.9 of this title. Added by Laws 2018, c. 27, § 53, eff. Nov. 1, 2018. Amended by La…
17 O.S. § 348.6 List of brands and trademarks of antifreeze permitted
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The Petroleum Storage Tank Division of the Oklahoma Corporation Commission may furnish upon request a list of the brands and trademarks of antifreeze permitted and permit numbers issued by the Corporation Commission during the calendar year which have been found to be in accord w…
17 O.S. § 348.7 Advertising of antifreeze – Restricted statements
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No advertising literature relating to any antifreeze sold or to be sold in this state shall contain any statement that the antifreeze advertised for sale has been approved by the Oklahoma Corporation Commission unless the antifreeze has been permitted by the Corporation Commissio…
17 O.S. § 348.8 Fees deposited to credit of Corporation Commission
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Revolving Fund. All fees collected by the Oklahoma Corporation Commission under the provisions of Sections 348 through 348.9 of this title shall be deposited with the State Treasurer to the credit of the Corporation Commission Revolving Fund. Added by Laws 2018, c. 27, § 56, eff.…
17 O.S. § 348.9 Violations - Penalties
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Any person or persons violating the provisions of Sections 348 through 348.9 of this title shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred Dollars ($500.0…
17 O.S. § 35 Data Processing Division - Responsibilities - Support
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services - Director. There is hereby created within the Corporation Commission a Data Processing Division. The Division shall be responsible for all data processing requirements of the Commission and shall be funded from any monies available to the Commission. The Director of the…
17 O.S. § 37 Certain federal rules and regulations not to be enforced -
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Exceptions. The Corporation Commission shall not enforce any federal administrative rule or regulation prior to its effective date unless the administrative rule or regulation can be demonstrated to be economically beneficial to the State of Oklahoma or the people of Oklahoma. La…
17 O.S. § 39 Petty cash fund – Maximum amount - Administration
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There is hereby created a petty cash fund for the Corporation Commission to be used for the purpose of supplying small change. The Corporation Commission working in conjunction with the Director of the Office of Management and Enterprise Services shall fix the maximum amount of t…
17 O.S. § 39.2 Remittances of taxes and fees – Service charges -
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Receipts - Deposit of money. A. All remittances of taxes and fees required to be paid to the Corporation Commission pursuant to state law, shall be made to the Commission by bank draft, check, cashier’s check, money order, cash, or nationally recognized credit card or debit card.…
17 O.S. § 4 Suspension bond
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If the order violated for which such fine or judgment is imposed shall have been an order promulgating or fixing rates, to be charged by public service corporations, persons or firms, it shall be necessary in appealing from such fine or judgment for the defendant to give a suspen…
17 O.S. § 40 Transportation Division
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There is hereby created within the Oklahoma Corporation Commission a division to be known as the Transportation Division. The Division shall be comprised of a Director and shall include special motor carrier enforcement officers created by Section 171.1 of Title 47 of the Oklahom…
17 O.S. § 40.1 Regional service areas - Regional service offices -
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Services provided - Staffing - Reports - Telephonic communication services. A. For the purpose of accepting, processing and hearing applications for oil and gas well development, administrative applications, and for any other related matters, the Corporation Commission shall divi…
17 O.S. § 40.2 Electronic signatures
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A. In the event any provision of the Oklahoma Statutes requires a signature of the Commission Chair or Vice Chair, a Corporation Commissioner, the Commission Secretary or a Commission Assistant Secretary, an electronic signature of a Corporation Commissioner shall satisfy such st…
17 O.S. § 41 Cotton gins declared public utilities
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Cotton gins maintained and operated for the purpose of ginning seed cotton of the general public, or of persons other than the person or persons, or the stockholders of the corporation maintaining and operating said gin, or maintained and operated for the purpose of ginning seed …
17 O.S. § 42 License from Corporation Commission - Necessity - Showing -
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Fee. No person or persons, or corporation, in this state shall be permitted to maintain and operate a gin for the purpose of ginning seed cotton of the general public, or of ginning seed cotton not produced and owned by the person or persons, or the stockholders of the corporatio…
17 O.S. § 43 Matters considered in issuing license - Existing gins -
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Showing to obtain license - Cooperative gins - Inspectors. The Corporation Commission in issuing such license shall have the right to take into consideration the necessity for the operation of a gin for such purpose at the place of its location; provided nothing herein shall oper…
17 O.S. § 44 Powers and authority of Corporation Commission - Rates -
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Department of Cotton Gin Utilities - Fiscal year and reports of cotton gins. The Corporation Commission shall have the same power and authority and be charged with the duty of regulating and controlling such cotton gins in all matters relating to the performance of public duties …
17 O.S. § 45 Appeals to Supreme Court
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Section 45. The orders made by said Commission fixing rates, charges, rules andregulations as to any person, persons, or corporation operating any gin or gins may be reviewed on appeal by the Supreme Court in the same manner, form, jurisdiction and procedure as apply to such orde…