Okla. Stat. tit. 47, § 47-1142

A. There is hereby created as an official depository of Service

Oklahoma a special agency account. Service Oklahoma is hereby

authorized and directed to assign an appropriate and distinctive

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number or designation for the account herein created which shall be

designated the Service Oklahoma Licensed Operator Account. Service

Oklahoma shall assign an appropriate and distinctive subaccount

number or designation for each licensed operator. Every licensed

operator appointed under the provisions of the Oklahoma Vehicle

License and Registration Act shall safeguard and preserve, in the

manner herein required, all monies paid to such licensed operator

which the licensed operator is bound to account for and pay over to

Service Oklahoma.

B. Each licensed operator shall establish, in a bank or banks

authorized to do a banking business in the state, such special

licensed operator account and at any time that the licensed operator

accumulates a total amount of receipts of One Hundred Dollars

($100.00) or more then such licensed operator shall deposit within a

period of one (1) banking business day after the close of business,

all receipts which the licensed operator is obligated to account for

and remit to Service Oklahoma in the designated Service Oklahoma

Licensed Operator Account and no such monies shall be deposited in

any other banks or other depositories unless the bank accounts are

maintained by Service Oklahoma. Provided that, where a licensed

operator is doing business in a municipality where there is no bank

located, such licensed operator shall have a period of three (3)

banking business days after the close of business to make such

deposits. Advice of deposit receipts or duplicate deposit receipts,

in a form and in an amount prescribed by Service Oklahoma, shall be

obtained and preserved as directed by Service Oklahoma. One shall

be retained by the licensed operator, and one shall be immediately

forwarded to Service Oklahoma. Withdrawals or transfers from such

Licensed Operator Service Oklahoma Account shall be made only by the

duly authorized agent of Service Oklahoma. That part of the

licensed operator’s fees to be retained by the licensed operator as

the licensed operator’s personal compensation shall not be deposited

in the Service Oklahoma Licensed Operator Account.

Each licensed operator shall submit the appropriate reports

designated by Service Oklahoma to properly account for all funds,

regardless of source, received by a licensed operator in the

performance of the licensed operator’s duties. Reports shall cover

a period from the first day of the month to the fifteenth day of the

month and from the sixteenth day of the month to the last day of the

month. It shall be the responsibility of the licensed operator to

mail or deliver such reports and all documents of all transactions

to Service Oklahoma within a time period to be established by

Service Oklahoma.

C. Licensed operators shall deposit in such account all monies,

taxes and fees collected and received by them as such licensed

operators, which they are obligated to account for and remit to

Service Oklahoma, and it is specifically required that checks or

Oklahoma Statutes - Title 47. Motor Vehicles Page 1424

similar instruments accepted or received by such licensed operators

for taxes or fees must be deposited in such account, less any amount

provided by this section and Sections 2-117 and 1113.3 of this title

that the licensed operators are entitled to retain as fees.

No licensed operator shall withdraw any funds from the licensed

operator’s licensed operator account. All checks, drafts, orders

and vouchers so deposited shall bear an endorsement to the licensed

operator account which endorsement shall include the assigned

account number and the licensed operator’s subaccount number. Items
s title

that the licensed operators are entitled to retain as fees.

No licensed operator shall withdraw any funds from the licensed

operator’s licensed operator account. All checks, drafts, orders

and vouchers so deposited shall bear an endorsement to the licensed

operator account which endorsement shall include the assigned

account number and the licensed operator’s subaccount number. Items

deposited shall be credited at par and should payment be refused on

any such check, draft, order or voucher, or should the same prove

otherwise worthless, the amount thereof shall not be charged by

Service Oklahoma against the individual subaccounts of the licensed

operator. The licensed operator shall continue to attempt to

require proper payment of all such worthless items, but shall not be

personally liable to Service Oklahoma for his or her payment.

Service Oklahoma or the licensed operator shall charge the person

issuing the check a fee of Twenty-five Dollars ($25.00) for each

check to cover the costs of the processing of each returned check,

and all necessary travel expenses of collection, as provided by the

State Travel Reimbursement Act; provided, such charge shall not be

made unless efforts have been made to present such check, draft,

order or voucher for payment a second time. Any licensed operator

who collects a dishonored check pursuant to the provisions of

Section 1121 of this title shall also collect a fee of Twenty-five

Dollars ($25.00) and shall be entitled to retain such fee.

D. It is specifically provided that nothing in this section

shall be considered or construed as in any way affecting, relieving

or relinquishing the liability of such licensed operator to Service

Oklahoma for any monies collected by the licensed operator and due

the state or the liability of such licensed operator or any surety

on or under the licensed operator’s bond made to Service Oklahoma.

Unless provided otherwise, any licensed operator who fails to

comply with any provision of this section shall pay a penalty to be

imposed by Service Oklahoma. Monies collected for payment of the

penalty shall be deposited to the credit of the General Revenue Fund

of the State Treasury. Any licensed operator who pays a penalty

pursuant to this section shall not allocate his or her payment

thereof as a part of his or her operating expenses, but shall use

his or her personal funds for payment of the penalty. Such penalty

shall be equal to one percent (1%) of the gross amount of the

receipts received by the licensed operator for that particular day

that the licensed operator fails to deposit all such funds required

by this section or one percent (1%) of the gross amount of the

receipts received by the licensed operator for the report period

that the licensed operator fails to timely mail the required report

or remit any excess licensed operator funds as provided in

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subsection B of this section. Such penalty shall be increased to

three percent (3%) of the gross amount of the receipts received for

that particular day if the licensed operator fails to fulfill any of

the requirements within a period of five (5) days. Provided that

such penalty shall be three percent (3%) of the gross amount of the

receipts received by the licensed operator for the report period

that the licensed operator fails to timely mail the required report

or remit any excess licensed operator funds as provided in

subsection B of this section if the licensed operator fails to

fulfill these requirements within five (5) days.

The Service Oklahoma Operator Board may waive the penalty for

failing to timely file the accounting report required by this

section if the Service Oklahoma Operator Board finds that:

1. The funds to which the report applies have been properly

deposited;

2. The failure to timely file the report was due to emergency
e licensed operator fails to

fulfill these requirements within five (5) days.

The Service Oklahoma Operator Board may waive the penalty for

failing to timely file the accounting report required by this

section if the Service Oklahoma Operator Board finds that:

1. The funds to which the report applies have been properly

deposited;

2. The failure to timely file the report was due to emergency

conditions beyond the control of the licensed operator; and

3. The report has been filed within a week of the date on which

it was required to be filed.