Okla. Stat. tit. 47, § 47-563v1

A. There is hereby created the Oklahoma New Motor Vehicle

Commission, to be composed of nine (9) members. Seven of the

members shall have been engaged in the manufacture, distribution, or

sale of new motor vehicles and two members shall be lay members, all

to be appointed by the Governor of this state, with the advice and

consent of the Senate. Appointments shall be made within thirty

(30) days after November 1, 1985. Each of the Commissioners thus

appointed shall, at the time of the appointment, be a resident in

good faith of this state, shall be of good moral character, and each

of the industry-related Commissioners shall have been actually

engaged in the manufacture, distribution, or sale of new motor

vehicles for not less than ten (10) years preceding the appointment.

The members of the Commission shall serve at the pleasure of the

Governor.

B. 1. The Commissioners shall elect a chair from amongst them

whose term shall be for one (1) year with the right to succeed

himself or herself.

2. There shall be three at-large members of the Commission.

Six members of the Commission shall be appointed from the following

geographical areas with at least one member from each area:

a. four areas of the state shall be the northwest,

northeast, southwest, and southeast sections

designated by Interstate 35 dividing the state east

and west and Interstate 40 dividing the state north

and south, excluding Oklahoma County and Tulsa County,

and

b. two additional areas shall be Oklahoma County and

Tulsa County.

There shall not be more than two members of the Commission from any

one area.

C. The terms of office of the members first appointed to the

Commission shall be as follows:

1. The members appointed from the northwest, northeast, and

southwest areas shall serve until June 30, 1987;

2. The members appointed from the southeast area and Oklahoma

County and Tulsa County shall serve until June 30, 1989; and

3. The members appointed at large shall serve until June 30,

1991.

Each member shall serve until a successor is appointed and

qualifies. Thereafter, the term of office of each member of the

Commission shall be for six (6) years. The term of office of any

member will automatically expire if the member moves out of the

geographical area from which the member was appointed. In event of

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death, resignation, removal, or term automatically expiring of any

person serving on the Commission, the vacancy shall be filled by

appointment as provided for the unexpired portion of the term. The

Commission shall meet in Oklahoma City and complete its organization

immediately after the membership has been appointed and has

qualified. The chair and each member of the Commission shall take

and subscribe to the oath of office required of public officers.

D. The members of the Commission shall receive reimbursement

for subsistence and traveling expenses necessarily incurred in the

performance of their duties as provided by the State Travel

Reimbursement Act.

E. The Commission shall appoint a qualified person to serve as

Executive Director thereof, which person shall have had not less

than ten (10) years of experience in the motor vehicle industry.

The Executive Director shall be appointed for a term of six (6)

years, and shall not be subject to dismissal or removal without

cause. The Commission shall fix the salary and prescribe the duties

of the Executive Director. The Executive Director shall devote such

time as necessary to fulfill the duties thereof, and before entering

upon such duties shall take and subscribe to the oath of office.

The Executive Director may employ such clerical, technical, and

other help and legal services and incur such expenses as may be

necessary for the proper discharge of the duties of the Executive

Director under Section 561 et seq. of this title. The Commission
h

time as necessary to fulfill the duties thereof, and before entering

upon such duties shall take and subscribe to the oath of office.

The Executive Director may employ such clerical, technical, and

other help and legal services and incur such expenses as may be

necessary for the proper discharge of the duties of the Executive

Director under Section 561 et seq. of this title. The Commission

shall maintain its office and transact its business in Oklahoma

City, and it is authorized to adopt and use a seal. The Executive

Director is hereby authorized to hire, retain, or otherwise acquire

the services of an attorney to represent the Commission in any and

all state and federal courts, and assist the Commission in any and

all business or legal matters that may come before it. The attorney

so representing the Commission shall discharge the duties under the

direction of the Executive Director.

F. The Commission is hereby vested with the powers necessary to

enable it to fully and effectively carry out the provisions and

objects of Section 561 et seq. of this title and Section 2 of this

act, and is hereby authorized and empowered to make and enforce all

reasonable rules and to adopt and prescribe all forms necessary to

accomplish such purpose. All forms used by a new motor vehicle

dealer to facilitate the delivery of a vehicle pending approval of

financing shall be approved by the Commission. Spot delivery

agreement forms shall be required for all new motor vehicle

deliveries subject to dealers finding lending institutions to

purchase the retail installment contracts executed by the purchasing

and selling parties.

G. All fees, charges, and fines collected under the provisions

of Section 561 et seq. of this title and Section 2 of this act shall

be deposited by the Executive Director in the State Treasury in

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accordance with the depository laws of this state in a special fund

to be known as the “Oklahoma New Motor Vehicle Commission Fund”,

which is hereby created, and except as hereinafter provided the

monies in the fund shall be used by the Commission for the purpose

of carrying out and enforcing the provisions of Section 561 et seq.

of this title and Section 2 of this act. Expenditures from the fund

shall be made upon vouchers approved by the Commission or its

authorized officers.

At the close of each fiscal year, the Commission shall file with

the Governor and the State Auditor and Inspector a true and correct

report of all fees, fines, and charges collected and received by it

during the preceding fiscal year and shall at the same time pay into

the General Revenue Fund of the state a sum equal to ten percent

(10%) of the fees, fines, and charges collected and received.

All expenses incurred by the Commission in carrying out the

provisions of Section 561 et seq. of this title and Section 2 of

this act, including but not limited to per diem, wages, salaries,

rent, postage, advertising, supplies, bond premiums, travel, and

subsistence for the Commissioners, the Executive Director,

employees, and legal counsel, and printing and utilities, shall be a

proper charge against such fund, exclusive of the portion thereof to

be paid into the General Revenue Fund as above set out. In no event

shall liability ever accrue hereunder against this state in any sum

whatsoever, or against the Oklahoma New Motor Vehicle Commission

Fund, in excess of the ninety percent (90%) of the fees, fines, and

charges deposited therein.