Okla. Stat. tit. 18, § 18-381.24d

operation of facility - Access - Authority of federal savings

associations.

A. Any association may install, operate or utilize consumer

banking electronic facilities, provided written notice is given to

the State Banking Commissioner prior to the commencement of

operations of each facility. Such notice shall contain any

reasonable descriptive information pertaining to the facility as

shall be required by the rules or regulations of the Commissioner.

B. A consumer banking electronic facility, when located other

than at an association's main office or detached facility, may be

operated exclusively by association customers or transactions may be

performed through the assistance of any person provided that person

is not employed, either directly or indirectly, by any association,

association holding company or subsidiary thereof. Such assistance

shall not be deemed to be engaging in association business. Persons

assisting association customers at the site of a consumer banking

electronic facility may be trained by association employees and

nothing in this section shall be construed to prohibit periodic

servicing of a consumer banking electronic facility by an

Oklahoma Statutes - Title 18. Corporations Page 37

association employee. Under no circumstances may an employee of an

association, association holding company, affiliate or subsidiary

thereof perform transactions for others at the consumer banking

electronic facility. However, a consumer banking electronic

facility located on the business premises of a person engaged in the

sale of goods or services may be used to perform internal nonbanking

functions for such persons.

C. Consumer banking electronic facility transactions shall be

considered as the conduct of association transactions at the main

office of the association for which the data is transmitted.

D. 1. An association or combination of associations or

business entity or organization offering such services to an

association which establishes or maintains a manned or unmanned

consumer banking electronic facility or facilities shall make the

use thereof available to associations located in this state on a

fair and equitable basis of nondiscriminatory access and rates.

Provided, that if a retailer does accept any credit or debit card or

other system, nothing herein shall be construed to deprive such

retailer of the right to accept or reject any other credit or debit

card or other system offered by any other association or business

entity.

2. An association or combination of associations which

establishes and maintains a manned consumer banking electronic

facility or facilities may make the use thereof available on a

reciprocal basis to banks and credit unions located in this state on

a fair and equitable basis of nondiscriminatory access and rates.

3. In the event of a dispute, the Commissioner shall have the

jurisdiction to determine, after a hearing conducted upon notice and

pursuant to regulations adopted by the Commissioner, what

constitutes a fair and equitable basis of nondiscriminatory access

and rates, based upon cost of installation and proportionate usage

of the facility. A principal factor in any equitable formula of

shared costs of installation and/or operation shall give weight to

the number of transactions of each participating association.

4. Proceedings under this section shall be subject to Article

II of the Administrative Procedures Act, Section 309 et seq. of

Title 75 of the Oklahoma Statutes.

E. Nothing contained in this section shall be construed to

limit the authority of federal savings associations to install,

operate or utilize consumer banking electronic facilities in

accordance with federal law and regulations.