Okla. Stat. tit. 11, § 11-35-107
This is the official text of Okla. Stat. tit. 11, § 11-35-107, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Utility deposit — Refund — Notice — Forfeiture — Waiver
Official statutory text
for domestic violence victims.
A. Money in the municipal treasury which has been acquired as a
utility deposit from a customer of a municipal utility shall be
refunded or credited to the customer upon termination of the utility
service and payment of all charges due and connected with the
service, or at an earlier date as may be allowed by the
municipality. Refunds to the customer shall be made in accordance
with the procedures set forth in this section.
B. If a utility deposit is to be refunded to the customer
instead of being credited to the account of the customer, a refund
check or warrant payable to the customer shall be issued by the
municipal utility within thirty (30) days following the termination
of the utility service.
C. Utility deposit refund checks or warrants of Five Dollars
($5.00) or less shall be cashed by the customer within one (1) year
of the termination of the utility service. Any such refund check or
warrant not cashed by the customer within one (1) year of
termination of the utility service shall be canceled and the amount
of the deposit shall be paid into the fund of the municipal utility
Oklahoma Statutes - Title 11. Cities and Towns Page 311
for which the deposit was collected, or into the general fund as may
be determined by the municipal governing body. No municipal utility
customer shall have the right to any claim or refund on the deposit
following the expiration of the one-year time period as set forth in
this subsection.
D. If a utility deposit refund check or warrant in excess of
Five Dollars ($5.00) has not been cashed by a customer within one
(1) year following termination of the utility service to the
customer, the municipality shall send written notice to the customer
at the last-known address of the customer stating that the refund
check or warrant shall be canceled and the deposit will be paid over
to the municipality unless it is cashed by the customer within
ninety (90) days of the date the notice is mailed by the
municipality. If the check or warrant is not cashed within the
ninety (90) days, the check or warrant shall be canceled and the
amount of the deposit shall be paid into the fund of the municipal
utility for which the deposit was collected, or into the general
fund as may be determined by the governing body. No municipal
utility customer shall have a right to any claim or refund on the
deposit after written notice and expiration of the ninety-day period
in accordance with this subsection.
E. Provided, notwithstanding other provisions of law, a
municipally owned public utility shall waive any initial credit and
deposit requirements for a customer or applicant that has been
determined to be a victim of domestic violence, stalking, or
harassment, as defined in Section 109 of Title 43 of the Oklahoma
Statutes or Section 644 of Title 21 of the Oklahoma Statutes, by
providing proof of any of the following:
1. An existing protective order;
2. Law enforcement personnel statement; or
3. A statement of a designated representative of a certified
domestic violence shelter or certified domestic violence program
pursuant to Section 18p-6 of Title 74 of the Oklahoma Statutes.
This determination shall be evidenced by submission of a
certification letter to the utility. The municipality may accept
the certification letter provided for in Section 1 of this act, or a
certification letter on a form created by the municipality so long
as the contents are substantially the same as the certification
letter, as provided for in Section 1 of this act. The certification
letter expires after ninety (90) days. The municipally owned public
utility shall deem the certification letter and the contents thereof
as confidential and exempt from disclosure, pursuant to subsection D
of Section 24A.10 of Title 51 of the Oklahoma Statutes.
A. Money in the municipal treasury which has been acquired as a
utility deposit from a customer of a municipal utility shall be
refunded or credited to the customer upon termination of the utility
service and payment of all charges due and connected with the
service, or at an earlier date as may be allowed by the
municipality. Refunds to the customer shall be made in accordance
with the procedures set forth in this section.
B. If a utility deposit is to be refunded to the customer
instead of being credited to the account of the customer, a refund
check or warrant payable to the customer shall be issued by the
municipal utility within thirty (30) days following the termination
of the utility service.
C. Utility deposit refund checks or warrants of Five Dollars
($5.00) or less shall be cashed by the customer within one (1) year
of the termination of the utility service. Any such refund check or
warrant not cashed by the customer within one (1) year of
termination of the utility service shall be canceled and the amount
of the deposit shall be paid into the fund of the municipal utility
Oklahoma Statutes - Title 11. Cities and Towns Page 311
for which the deposit was collected, or into the general fund as may
be determined by the municipal governing body. No municipal utility
customer shall have the right to any claim or refund on the deposit
following the expiration of the one-year time period as set forth in
this subsection.
D. If a utility deposit refund check or warrant in excess of
Five Dollars ($5.00) has not been cashed by a customer within one
(1) year following termination of the utility service to the
customer, the municipality shall send written notice to the customer
at the last-known address of the customer stating that the refund
check or warrant shall be canceled and the deposit will be paid over
to the municipality unless it is cashed by the customer within
ninety (90) days of the date the notice is mailed by the
municipality. If the check or warrant is not cashed within the
ninety (90) days, the check or warrant shall be canceled and the
amount of the deposit shall be paid into the fund of the municipal
utility for which the deposit was collected, or into the general
fund as may be determined by the governing body. No municipal
utility customer shall have a right to any claim or refund on the
deposit after written notice and expiration of the ninety-day period
in accordance with this subsection.
E. Provided, notwithstanding other provisions of law, a
municipally owned public utility shall waive any initial credit and
deposit requirements for a customer or applicant that has been
determined to be a victim of domestic violence, stalking, or
harassment, as defined in Section 109 of Title 43 of the Oklahoma
Statutes or Section 644 of Title 21 of the Oklahoma Statutes, by
providing proof of any of the following:
1. An existing protective order;
2. Law enforcement personnel statement; or
3. A statement of a designated representative of a certified
domestic violence shelter or certified domestic violence program
pursuant to Section 18p-6 of Title 74 of the Oklahoma Statutes.
This determination shall be evidenced by submission of a
certification letter to the utility. The municipality may accept
the certification letter provided for in Section 1 of this act, or a
certification letter on a form created by the municipality so long
as the contents are substantially the same as the certification
letter, as provided for in Section 1 of this act. The certification
letter expires after ninety (90) days. The municipally owned public
utility shall deem the certification letter and the contents thereof
as confidential and exempt from disclosure, pursuant to subsection D
of Section 24A.10 of Title 51 of the Oklahoma Statutes.
Status: in_force · Read it on the official government site
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