Okla. Admin. Code § 145:15-7-2

Current through Vol. 42, No. 6, December 2, 2024

Section 145:15-7-2 - Escrow of funds

(a) Pursuant to section 2864 of Title 63 of the Oklahoma Statutes, the Authority may direct the Tax Commission to escrow all or any portion of funds collected pursuant to the Act attributable to a public agency if the public agency fails to:

(1) submit or comply with master plans to deliver Phase II 9-1-1 wireless locating services as required by this Act and approved by the Authority;

(2) meet standards of the National Emergency Number Association (NENA) limited to call-taking and caller-location technology or comply with an improvement plan to meet such standards as directed by the Authority;

(3) submit annual reports or audits as required by the Act; or

(4) comply with the requirements of the Act or procedures established by the Authority.

(b) If the Authority has reason to believe that grounds exist for the Authority to escrow funds attributable to a public agency, the Coordinator shall communicate the grounds to the public agency. The public agency shall be given an opportunity to present information to the Authority to show compliance with the Act and this Chapter.

(c) If the Authority determines that the public agency has failed to comply with any of the requirements in subsection (a) of this Section, the Authority may direct the Tax Commission to escrow all or any portion of funds attributable to the public agency. The Authority may lift the escrow order if the public agency shows compliance with the requirements of the Act or the procedures established by the Authority with which the public agency was found to be in non-compliance.

(d) If the Authority determines that the public agency has failed to comply with subsection (a)(1) or (a)(2) of this Section, the public agency shall submit an improvement plan to be Authority within 90 days of the Authority's finding of non-compliance. The Authority will approve, modify or deny the improvement plan and establish a time period for the public agency to come into compliance. If the public agency fails to submit an acceptable improvement plan or fails to comply with the improvement plan, the Authority may direct the Tax Commission to escrow all or any portion of funds attributable to the public agency. The Authority may lift the escrow order upon a showing of compliance with the requirements of the Act or the procedures established by the Authority with which the public agency was found to be in non-compliance or upon acceptance by the Authority of a new improvement plan. If the public agency determines that it cannot comply with the terms of the improvement plan, the public agency may request approval to modify the terms of the plan.

Okla. Admin. Code § 145:15-7-2

Adopted by Oklahoma Register, Volume 35, Issue 24, September 4, 2018, eff. 9/14/2018