Okla. Admin. Code § 325:35-1-10.1

Current through Vol. 42, No. 4, November 1, 2024

Section 325:35-1-10.1 - Filing and processing of financial responsibility complaints

(a) Any creditor filing a financial responsibility complaint against an occupation licensee for alleged failure to pay any monies owed in excess of $100.00 for any service or supplies connected with such licensee's operation within an enclosure of a racetrack licensed by the Commission must file such complaint on a form prescribed by the Commission, and

(1) a verified statement and documentation of the services or supplies provided and the fees alleged to be due, or

(2) a judgment from a court of competent jurisdiction.

(b) Such complaints, with the required verification, shall be filed with the Board of Stewards at a Commission-licensed racetrack where the goods or services were performed or delivered. When either party to such a complaint seeks the issuance of a subpoena, a request for the issuance of a subpoena shall be filed with the Board of Stewards, and any member of the Board of Stewards shall be empowered to issue the requested subpoena. It shall be the responsibility of the person requesting the subpoena to serve the subpoena. When such service is to be accomplished by mail, it shall be sent by way of certified mail, return receipt requested, and the return receipt shall be addressed to the issuing Board of Stewards.

(c) The party filing the complaint shall pay the cost of service of the summons at the time of the filing of the financial responsibility complaint if the summons is to be served by certified mail, return receipt requested. If the complaining party chooses to have the summons served by a private process server, both the cost of the service and arrangements for the service shall be the responsibility of the complaining party. A return of service shall be filed with the Board of Stewards prior to the commencement of a hearing.

(d) Financial responsibility complaints that are not in excess of $100.00 shall not be accepted by the Board of Stewards.

Okla. Admin. Code § 325:35-1-10.1

Added at 16 Ok Reg 1448, eff 5-28-99

Amended by Oklahoma Register, Volume 33, Issue 24, September 1, 2016, eff. 9/11/2016