Okla. Admin. Code § 35:30-45-4

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

Section 35:30-45-4 - Initial license application

(a) The Department shall issue a license to each person or entity who:

(1) Complies with the requirements of the Oklahoma Scrap Metal Dealers Act;

(2) Applies to the Department using the form prescribed by the Department; and

(3) Pays the license fee, investigative fee, and charges related a national criminal history check.

(b) Each yard shall be licensed separately and shall require the submission of a separate application, along with payment of related fees and charges.

(c) The applicant shall submit a completed license application containing the following information:

(1) If the applicant is an individual: the applicant's full name, telephone and email contact information, and place of residence;

(2) If the applicant is a firm, corporation, or other legal entity :

(A) The scrap metal dealer representative's full name, telephone and email contact information, residential address, and position with the entity, and

(B) The entity's full name as registered with the Oklahoma Secretary of State, any trade names, and the name and mailing address of the entity's registered service agent;

(3) The address of the yard where the applicant conducts or intends to conduct business or, if the yard does not have a physical address, driving directions from the nearest municipality , and a legal description of the yard;

(4) Proof of ownership, a contract, or lease agreement that permits the applicant to engage in business as a scrap metal dealer at the yard described in the license application;

(5) Proof of a dedicated telephone line for the yard;

(6) Proof of a general liability insurance policy for the yard verifying insurance in an amount not less than $500,000;

(7) Proof of a current discharge permit for the yard issued pursuant to the provisions of the Oklahoma Pollutant Discharge Elimination System Act;

(8) The sales tax identification number for the applicant;

(9) Whether the applicant has ever had a license refused, revoked, or suspended;

(10) Whether the applicant has been previously convicted of, or pled guilty or nolo contendere to any felony or misdemeanor, the court or governmental entity in which the matter was adjudicated, a description of the charges, the date of the conviction, and the sentence received;

(11) An Affidavit of Lawful Presence in the United States of America, as provided under 56 O.S. § 71;

(12) A notarized statement swearing that the information submitted on the application is true and correct;

(13) Any other relevant information required by the Department.

(d) In addition to the application, each applicant shall submit a full set of fingerprints and a photograph to the Department. The fingerprints and photograph shall be used for a national criminal history check as provided in 74 O.S. § 150.9. The applicant shall pay for fingerprints, photographs, and the national criminal history records check separately from the license fee and investigative fee charged by the Department.

(e) If the applicant submits an incomplete application or the Department requests additional information, the Department shall notify the applicant that the application is incomplete and identify the information on the application that is incomplete or needs additional information. The applicant may submit additional information within twenty (20) working days to supplement and complete the application. If the applicant does not respond to the request for additional information in a timely manner, the application shall be denied.

(f) The applicant may withdraw its application from consideration at any time.

(g) An applicant whose application is denied due to insufficient information provided by the applicant or the withdrawal of the application may submit a new application. Any fees and charges paid by the applicant in connection with the denied or withdrawn application shall not be applied to the processing of a new application.

Okla. Admin. Code § 35:30-45-4

Adopted by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015