Okla. Stat. tit. 40, § 40-3-203
This is the official text of Okla. Stat. tit. 40, § 40-3-203, part of Oklahoma’s Stat. tit. 40, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 40,." Browse the sections below, each linked to its official government source.
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Election by employer
Official statutory text
ELECTION BY EMPLOYER.
A. An employing unit, not otherwise subject to the Employment
Security Act of 1980, which files with the Oklahoma Employment
Security Commission its written election to become an employer
subject hereto for not less than two (2) calendar years shall, with
the written approval of the election by the Commission, become an
employer subject hereto to the same extent as all other employers,
as of the date stated in the approval, and shall cease to be subject
Oklahoma Statutes - Title 40. Labor Page 134
hereto as of January 1 of any calendar year subsequent to the two
(2) required calendar years, only if during January of that year it
has filed with the Commission a written application for termination
of coverage as provided in this section.
B. Any employing unit for which services that do not constitute
employment as defined in the Employment Security Act of 1980 are
performed may file with the Commission a written election that all
such services with respect to which payments are not required under
an employment security law of any other state or of the federal
government and which are performed by individuals in its employ in
one or more distinct establishments or places of business shall be
deemed to constitute employment by an employer for all the purposes
of the Employment Security Act of 1980 for not less than two (2)
calendar years. Upon the written approval of the election by the
Commission, the services shall be deemed to constitute employment
subject to the Employment Security Act of 1980 from and after the
date stated in the approval. The services shall cease to be deemed
employment subject hereto as of January 1 of any calendar year
subsequent to the two (2) required calendar years, only if during
January of that year the employing unit has filed with the
Commission a written application for termination of the coverage.
C. The Commission may terminate the election of an employer or
employing unit made pursuant to subsection A or B of this section at
any time the Commission determines that the employer or employing
unit is not abiding by all requirements of the Employment Security
Act of 1980 and the rules for the administration of that act, or if
the employer or employing unit that has made an election for
coverage becomes delinquent in the payment of its unemployment tax
contributions, interest, penalties or fees.
D. If the Commission makes a determination that an application
of an employer or employing unit submitted under subsections A or B
of this section should be denied, or that a voluntary election
should be terminated under subsection C of this section, the
Commission shall notify the affected employer or employing unit in
writing. The notification of the determination shall be delivered
to the employer, or mailed to the employer's last-known address.
E. A determination made under this section may be appealed
pursuant to the provisions of Section 3-115 of this title.
A. An employing unit, not otherwise subject to the Employment
Security Act of 1980, which files with the Oklahoma Employment
Security Commission its written election to become an employer
subject hereto for not less than two (2) calendar years shall, with
the written approval of the election by the Commission, become an
employer subject hereto to the same extent as all other employers,
as of the date stated in the approval, and shall cease to be subject
Oklahoma Statutes - Title 40. Labor Page 134
hereto as of January 1 of any calendar year subsequent to the two
(2) required calendar years, only if during January of that year it
has filed with the Commission a written application for termination
of coverage as provided in this section.
B. Any employing unit for which services that do not constitute
employment as defined in the Employment Security Act of 1980 are
performed may file with the Commission a written election that all
such services with respect to which payments are not required under
an employment security law of any other state or of the federal
government and which are performed by individuals in its employ in
one or more distinct establishments or places of business shall be
deemed to constitute employment by an employer for all the purposes
of the Employment Security Act of 1980 for not less than two (2)
calendar years. Upon the written approval of the election by the
Commission, the services shall be deemed to constitute employment
subject to the Employment Security Act of 1980 from and after the
date stated in the approval. The services shall cease to be deemed
employment subject hereto as of January 1 of any calendar year
subsequent to the two (2) required calendar years, only if during
January of that year the employing unit has filed with the
Commission a written application for termination of the coverage.
C. The Commission may terminate the election of an employer or
employing unit made pursuant to subsection A or B of this section at
any time the Commission determines that the employer or employing
unit is not abiding by all requirements of the Employment Security
Act of 1980 and the rules for the administration of that act, or if
the employer or employing unit that has made an election for
coverage becomes delinquent in the payment of its unemployment tax
contributions, interest, penalties or fees.
D. If the Commission makes a determination that an application
of an employer or employing unit submitted under subsections A or B
of this section should be denied, or that a voluntary election
should be terminated under subsection C of this section, the
Commission shall notify the affected employer or employing unit in
writing. The notification of the determination shall be delivered
to the employer, or mailed to the employer's last-known address.
E. A determination made under this section may be appealed
pursuant to the provisions of Section 3-115 of this title.
Status: in_force · Read it on the official government site
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