Okla. Admin. Code § 390:50-1-6

Current through Vol. 42, No. 6, December 2, 2024

Section 390:50-1-6 - Late fees

(a) Late fees will be assessed courts for failure to make timely deposits as provided in 20 O. S., § 1313.2 (D).

(b) Late fees are due upon receipt of the late fee notice.

(c) Courts may request that part or all late fees be waived as follows:

(1) A request for waiver of part or all of an assessed late fee must be submitted in writing to the Director.

(2) The written request must contain an explanation of the circumstances leading to the assessment of late fees and be signed by the Judge, Mayor, City Manager or Treasurer.

(3) A court requesting waiver of late fees must diligently respond to inquiry from CLEET requesting clarification of information included in the written request or for requests of supplemental documentation.

(4) Failure to timely respond to any request from CLEET for supplemental information in processing the request for waiver of late fees may result in denial of the request for waiver.

(5) Upon receipt by CLEET of a written request for waiver of late fees, accumulation of additional late fees shall be suspended until a decision on the written request has been issued by the Director or the director's designee.

(d) The Director or the director's designee will determine whether the request for waiver of late fees will be granted or denied.

(1) The Director or the director's designee shall take into consideration all information provided in the written request for waiver of late fees.

(2) The Director or the director's designee should grant a waiver of late fees if clear and convincing evidence is found that late fees were incurred as a result of circumstances outside the control of the court requesting the waiver or for other good cause.

(3) If the Director or the director's designee is not convinced by clear and convincing evidence that good cause for the late pate payment of the penalty assessment fee has been shown, the request shall be denied.

(4) Unless a written notice or request for supplemental information has been given to the requesting court, the written request will be considered complete when received.

(5) The Director or the director's designee shall issue a ruling on a completed request for waiver within ten (10) days.

(6) The Director or the director's designee may waive all or part of any moneys due to the Council, if deemed uncollectable by the Council.

(e) Failure to respond to the second request within thirty days may result in additional attempts to force compliance including but not limited to filing a Writ of Mandamus and notification to the State Auditor's Office.

Okla. Admin. Code § 390:50-1-6

Added at 19 Ok Reg 2673, eff 7-11-02 ; Amended at 30 Ok Reg 1840, eff 7-13-13

Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/15/2014