34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 924 By: Coleman of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Tedford of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | An Act relating to the Employment Security Act of |
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46 | 39 | | 1980; amending 40 O.S. 2021, Section 1 -201, as last |
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47 | 40 | | amended by Section 1, Chapter 114, O.S.L. 2024 (40 |
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48 | 41 | | O.S. Supp. 2024, Section 1-201), which relates to |
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49 | 42 | | definitions; defining term; amending 40 O.S. 2021, |
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50 | 43 | | Section 1-224, as last amended by Section 2, Chapter |
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51 | 44 | | 114, O.S.L. 2024 (40 O.S. Supp. 2024, Section 1 -224), |
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52 | 45 | | which relates to filing; authorizing the Oklahoma |
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53 | 46 | | Employment Security Commission to modify appeal |
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54 | 47 | | filing requirements under certain circumstances; |
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55 | 48 | | amending 40 O.S. 2021, Section 2 -610, which relates |
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56 | 49 | | to judicial review; allowing certain case to be |
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57 | 50 | | dismissed upon failure to provide certain |
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58 | 51 | | information; amending 40 O .S. 2021, Section 4-508, as |
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59 | 52 | | amended by Section 22, Chapter 360, O.S.L. 2022 (40 |
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60 | 53 | | O.S. Supp. 2024, Section 4 -508), which relates to |
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61 | 54 | | information to be kept confidential; removing |
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62 | 55 | | reference to specific entities; updating statutory |
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63 | 56 | | language; and providing an effective date. |
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64 | 57 | | |
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65 | 58 | | |
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66 | 59 | | |
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67 | 60 | | |
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68 | 61 | | |
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69 | 62 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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70 | 63 | | SECTION 1. AMENDATORY 40 O.S. 2021, Section 1 -201, as |
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71 | 64 | | last amended by Section 1, Chapter 114, O.S.L. 2024 (40 O.S. Supp. |
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72 | 65 | | 2024, Section 1-201), is amended to read as follows: |
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102 | 94 | | 1. “Additional initial claim ” means a claim application which |
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103 | 95 | | reactivates a claim during an existing benefit year and certifies to |
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104 | 96 | | a period of employmen t which occurred subsequent to the date of the |
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105 | 97 | | filing of the last initial, additional, or reopened claim; |
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106 | 98 | | 2. “Alternative base period ” means the most recent four (4) |
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107 | 99 | | completed calendar quarters immediately preceding the first day of |
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108 | 100 | | an individual’s benefit year. In the event that an individual ’s |
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109 | 101 | | claim uses an alternative base period to meet the wage requirement |
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110 | 102 | | under Section 2-207 of this title, this alternative base period |
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111 | 103 | | shall be substituted for base period for all other purposes under |
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112 | 104 | | the Employment Security Act of 1980; |
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113 | 105 | | 3. “Assigned tax rate” means the tax rate assigned to an |
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114 | 106 | | employer pursuant to Section 3 -110.1 of this title when the employer |
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115 | 107 | | does not have sufficient experience history to meet the At -Risk Rule |
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116 | 108 | | set out in paragraph 3 of Section 3 -110.1 of this title; |
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117 | 109 | | 4. “Base period” means the first four (4) of the last five (5) |
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118 | 110 | | completed calendar quarters immediately preceding the first day of |
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119 | 111 | | an individual’s benefit year; |
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120 | 112 | | 5. “Benefit year” with respect to any individual means the one - |
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121 | 113 | | year period beginning with the first day of the first week with |
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122 | 114 | | respect to which the individual first files a valid claim for |
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123 | 115 | | benefits and thereafter the one -year period beginning with the first |
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153 | 144 | | last preceding benefit year. Any claim for benefits shall be deemed |
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154 | 145 | | a valid claim for the purpose of this section if the individual has |
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155 | 146 | | been paid the wages for insured work required under the Empl oyment |
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156 | 147 | | Security Act of 1980; |
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157 | 148 | | 6. “Benefit wages” means the taxable wages earned by a claimant |
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158 | 149 | | during the claimant’s base period which are not in excess of the |
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159 | 150 | | current maximum weekly benefit amount, as determined under Section |
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160 | 151 | | 2-104 of this title, multiplie d by the maximum number of weeks for |
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161 | 152 | | which benefits could be paid to any individual pursuant to Section |
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162 | 153 | | 2-106 of this title, multiplied by three (3); provided, however, no |
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163 | 154 | | wages shall be included as benefit wages unless and until the |
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164 | 155 | | claimant has been paid benefits for five (5) weeks in one (1) |
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165 | 156 | | benefit year; |
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166 | 157 | | 7. “Benefits” means the money payments payable to an individual |
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167 | 158 | | as provided in the Employment Security Act of 1980 with respect to |
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168 | 159 | | his or her unemployment, including extended benefits. The federal |
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169 | 160 | | share of such extended benefits shall not be construed as benefits |
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170 | 161 | | for the purposes of computing contribution rates under the |
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171 | 162 | | Employment Security Act of 1980; |
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172 | 163 | | 8. “Calendar quarter” means the period of three (3) consecutive |
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173 | 164 | | calendar months ending on March 31, June 30, September 30, or |
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203 | 193 | | 9. “Claimant” means an individual who has filed for |
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204 | 194 | | unemployment benefits with the Commission; |
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205 | 195 | | 9. 10. “Client” shall have the same meaning as provided in |
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206 | 196 | | paragraph 1 of Section 600.2 of this title; |
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207 | 197 | | 10. 11. “Coemployer” shall have the same meaning as provided in |
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208 | 198 | | paragraph 2 of Section 600.2 of this title; |
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209 | 199 | | 11. 12. “Coemployment relationship ” shall have the same mean ing |
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210 | 200 | | as provided in paragraph 3 of Section 600.2 of this title; |
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211 | 201 | | 12. 13. “Commission” means the Oklahoma Employment Security |
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212 | 202 | | Commission; |
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213 | 203 | | 13. 14. “Commissioner” means a member of the Commission; |
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214 | 204 | | 14. 15. “Continued claim series ” means an uninterrupted serie s |
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215 | 205 | | of weekly claims filed by a claimant during the benefit year; |
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216 | 206 | | 15. 16. “Contributions” means the money payments, including |
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217 | 207 | | taxes and reimbursements, required by the Employment Security Act of |
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218 | 208 | | 1980 to be paid into the Unemployment Compensation Fund by an |
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219 | 209 | | employer; |
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220 | 210 | | 16. 17. “Covered employee” shall have the same meaning as |
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221 | 211 | | provided in paragraph 5 of Section 600.2 of this title; |
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222 | 212 | | 17. 18. “Digital portal filing ” means electronic communication |
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223 | 213 | | through the agency digital portal; |
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254 | 243 | | tax rate calculated pursuant to the provisions of Section 3 -101 et |
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255 | 244 | | seq. of this title; |
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256 | 245 | | 19. 20. “Electronic e-filing” means filing by email or fax to |
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257 | 246 | | email; |
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258 | 247 | | 20. 21. “Eligibility period” of an individual for extended |
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259 | 248 | | benefits means the period consisting of the weeks in his or her |
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260 | 249 | | benefit year, as defined by the Employment Security Act of 1980, |
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261 | 250 | | which begin in an extended benefit period and, if his or her benefit |
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262 | 251 | | year ends within such extended benefit period, any weeks thereafter |
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263 | 252 | | which begin in such extended benefit period; |
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264 | 253 | | 21. 22. “Employer” shall have the same meaning as provided in |
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265 | 254 | | Section 1-208 of this title; |
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266 | 255 | | 22. 23. “Employing unit” means any individual or type of |
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267 | 256 | | organization, including any partnership, association, trust, estate, |
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268 | 257 | | joint stock company, insurance company, limited liability company or |
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269 | 258 | | corporation, whether domestic or foreign, or the receiver, trustee |
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270 | 259 | | in bankruptcy, trustee or successor thereof, or the legal |
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271 | 260 | | representative of a deceased person, which has or subsequent to |
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272 | 261 | | January 1, 1936, had in its employ one or more individuals |
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273 | 262 | | performing services for it within this state; |
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305 | 293 | | part of a state-controlled system of pu blic employment offices or by |
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306 | 294 | | a federal agency charged with the administration of an unemployment |
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307 | 295 | | compensation program or free public employment offices; |
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308 | 296 | | 25. 26. “Employment Security Administration Fund ” means the |
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309 | 297 | | fund established in Section 4 -602 of this title from which |
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310 | 298 | | administration expenses under the Employment Security Act of 1980 |
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311 | 299 | | shall be paid; |
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312 | 300 | | 26. 27. “Exhaustee” shall have the same meaning as provided in |
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313 | 301 | | Section 2-712 of this title; |
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314 | 302 | | 27. 28. “Experience period” means the most recent twelve (12) |
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315 | 303 | | consecutive completed calendar quarters occurring before July 1 of |
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316 | 304 | | the year immediately preceding the year for which the employer ’s |
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317 | 305 | | contribution rate is being calculated; |
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318 | 306 | | 28. 29. “Extended base period ” means the four (4) quarters |
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319 | 307 | | prior to the claimant ’s base period. These four (4) quarters may be |
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320 | 308 | | substituted for base period quarters on a quarter -by-quarter basis |
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321 | 309 | | to establish a valid claim regardless of whether the wages have been |
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322 | 310 | | used to establish a prior claim, except any wages earned that would |
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323 | 311 | | render the Commission out of compliance with applicable federal law |
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324 | 312 | | shall be excluded if used in a prior claim; |
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356 | 343 | | 31. 32. “Mail”, “mails”, “mailed”, or “mailing” means |
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357 | 344 | | communication sent by a postal service with sufficient postage; |
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358 | 345 | | 32. 33. “Foreign limited liability company ” shall be defined by |
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359 | 346 | | the provisions of the Oklahoma Limited Liability Company Act; |
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360 | 347 | | 33. 34. “Fund” means the Unemployment Compensation Fund |
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361 | 348 | | established in Section 3 -601 of this title; |
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362 | 349 | | 34. 35. “Hospital” means any hospital required to be licensed |
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363 | 350 | | under the Oklahoma Public Health Code, Section 1-101 et seq. of |
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364 | 351 | | Title 63 of the Oklahoma Statutes, and includes state mental |
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365 | 352 | | hospitals and any other mental hospital or institution; |
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366 | 353 | | 35. 36. “Initial claim” means a new claim application submitted |
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367 | 354 | | by a claimant to establish a benefit year for une mployment insurance |
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368 | 355 | | benefits; |
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369 | 356 | | 36. 37. “Institution of higher education ” shall have the same |
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370 | 357 | | meaning as provided in Section 1 -214 of this title; |
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371 | 358 | | 37. 38. “Insured work” means employment for employers as |
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372 | 359 | | defined by the Employment Security Act of 1980; |
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373 | 360 | | 38. 39. “Lessor employing unit” means any independently |
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374 | 361 | | established business entity which engages in the business of |
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375 | 362 | | providing leased employees to any other employer, individual, |
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407 | 393 | | 40. 41. “Probationary period” means a period of time set forth |
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408 | 394 | | in an established probationary plan, which applies t o all employees |
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409 | 395 | | or a specific group of employees, and does not exceed ninety (90) |
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410 | 396 | | calendar days from the first day a new employee begins work; |
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411 | 397 | | 41. 42. “Professional Employer Organization ” or “PEO” means an |
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412 | 398 | | organization that is subject to the Oklahoma Prof essional Employer |
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413 | 399 | | Organization Recognition and Registration Act and which meets the |
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414 | 400 | | definition set out in paragraph 9 of Section 600.2 of this title; |
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415 | 401 | | 42. 43. “Rate of insured employment ” shall have the same |
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416 | 402 | | meaning as provided in Section 2 -708 of this title; |
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417 | 403 | | 43. 44. “Regular benefits” means benefits payable to an |
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418 | 404 | | individual under the Employment Security Act of 1980, or under any |
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419 | 405 | | other state law including dependents ’ allowances and benefits |
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420 | 406 | | payable to federal civilian employees; |
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421 | 407 | | 44. 45. “Reopened claim” means a claim application which |
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422 | 408 | | reactivates a claim during an existing benefit year when a claimant |
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423 | 409 | | stopped filing for benefits before his or her claim was exhausted, |
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424 | 410 | | but in which there occurred no intervening employment from the date |
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425 | 411 | | of the filing of the l ast initial, additional, or reopened claim; |
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456 | 441 | | 46. 47. “State law” means the unemployment insurance law of any |
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457 | 442 | | state, approved by the Secretary of Labor of the United States under |
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458 | 443 | | Section 3304 of the Internal Revenue Code of 1954; |
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459 | 444 | | 47. 48. “Supplemental unemployment benefit plan ” means a plan |
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460 | 445 | | that provides for an employer to make payments to i ts employees |
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461 | 446 | | during a permanent or temporary layoff that will supplement |
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462 | 447 | | unemployment benefits received by the employees. The purpose of a |
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463 | 448 | | supplemental unemployment benefit plan is to allow an employer to |
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464 | 449 | | sustain the purchasing power of its employees or f ormer employees |
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465 | 450 | | during a layoff; |
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466 | 451 | | 48. 49. “Taxable wages” means the wages paid to an individual |
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467 | 452 | | with respect to employment during a calendar year for services |
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468 | 453 | | covered by the Employment Security Act of 1980 or other state |
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469 | 454 | | unemployment compensation acts whic h shall equal the applicable |
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470 | 455 | | percentage of the state ’s average annual wage for the second |
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471 | 456 | | preceding calendar year as determined by the Commission, rounded to |
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472 | 457 | | the nearest multiple of One Hundred Dollars ($100.00); |
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473 | 458 | | 49. 50. “Wages” shall have the same meanin g as provided in |
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474 | 459 | | Section 1-218 of this title; |
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475 | 460 | | 50. 51. “Wages paid” means wages actually paid to the worker; |
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476 | 461 | | provided, however, that in the event of any distribution of an |
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507 | 491 | | 51. 52. “Week” means such period of seven (7) consecutive days, |
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508 | 492 | | as the Commission may by regulation prescribe. |
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509 | 493 | | SECTION 2. AMENDATORY 40 O.S. 2021, Section 1 -224, as |
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510 | 494 | | last amended by Section 2, Chapter 114, O.S.L. 2024 (40 O.S. Supp. |
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511 | 495 | | 2024, Section 1-224), is amended to read as follows: |
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512 | 496 | | Section 1-224. FILE. |
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513 | 497 | | A. For purposes of this section, “OESC 2020-21 business process |
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514 | 498 | | transformation” means a change from paper process to integrated |
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515 | 499 | | digital technology. Upon completion of the OESC 2020 -21 business |
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516 | 500 | | process transformation, electronic e -filing will be the Oklahoma |
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517 | 501 | | Employment Security Commission’s preferred filing method for |
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518 | 502 | | tendering and receiving documents. All claimants and employers |
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519 | 503 | | tendering documents to the Commission will be expected to tender the |
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520 | 504 | | documents electronically. If the claimant or employer has elected |
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521 | 505 | | to utilize other means of transmittal, it will be t he responsibility |
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522 | 506 | | of the claimant or employer to notify the Commission of this |
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523 | 507 | | preference. |
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524 | 508 | | B. When the provisions of the Employment Security Act of 1980 |
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525 | 509 | | or the rules promulgated under the authority of the act Employment |
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526 | 510 | | Security Act of 1980 require any document to be filed with the |
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558 | 541 | | Timely mailing shall be determined by the United States Postal |
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559 | 542 | | Service postmark. If there is no such legible postmark, the date of |
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560 | 543 | | receipt by the Commission shall constitute the date of filing; |
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561 | 544 | | 2. Electronic e-filing to the Oklahoma Employme nt Security |
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562 | 545 | | Commission, as directed by the instructions on the determination |
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563 | 546 | | letter, order or other document issued by the Commission, by |
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564 | 547 | | midnight on or before the date due. Timely transmission shall be |
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565 | 548 | | determined by the Commission ’s transmission log file ; or |
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566 | 549 | | 3. Digital portal filing by midnight on or before the date due. |
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567 | 550 | | Timely transmission shall be determined by the Commission ’s |
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568 | 551 | | transmission log file ; or |
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569 | 552 | | 4. In significant economic situations, instances where evidence |
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570 | 553 | | suggests potential fraudulent acti vity or for those who have not |
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571 | 554 | | completed the claim filing process, the Commission shall have the |
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572 | 555 | | discretion to modify the appeal filing requirements to respond to |
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573 | 556 | | the situation. |
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574 | 557 | | C. If the Employment Security Act of 1980 or the rules |
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575 | 558 | | promulgated under the Employment Security Act of 1980 require that a |
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576 | 559 | | document be filed with a court or any other agency of this state, |
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609 | 591 | | A. Within the thirty (30) days after the day a notice of |
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610 | 592 | | decision of the Board of Review is mailed to the parties, the |
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611 | 593 | | Oklahoma Employment Security Commission, or any party to the |
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612 | 594 | | proceedings before the Board of Review, may obtain judicial review |
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613 | 595 | | by filing in the district court of the county in which the claimant |
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614 | 596 | | resides, or if the claimant is not a resident of the State of |
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615 | 597 | | Oklahoma then in the District Court of Oklahoma County, a petition |
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616 | 598 | | for review of the decision of the Board of Review. The petition for |
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617 | 599 | | review shall set out the names of all codefendants in the style of |
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618 | 600 | | the case, which shall include: |
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619 | 601 | | 1. The Board of Review; |
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620 | 602 | | 2. The Oklahoma Employment Security Commission; and |
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621 | 603 | | 3. All other parties to the proceeding before the Board of |
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622 | 604 | | Review. |
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623 | 605 | | Failure to properly name the codefendants as stated in this |
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624 | 606 | | section shall be deemed a jurisdictional defect and the case shall |
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625 | 607 | | be dismissed. The petition for review need not be verified but |
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626 | 608 | | shall state specifically the grounds upon which the review is |
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627 | 609 | | sought. A copy of the petition for review shall be served upon the |
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660 | 641 | | proceeding under this section the findings of the Board of Review as |
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661 | 642 | | to the facts, if supported by evidence, shall be conclusive and the |
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662 | 643 | | jurisdiction of the court shall be confined to questions of law. No |
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663 | 644 | | additional evidence shall be received by the court, but the court |
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664 | 645 | | may remand the case and order additional evidence to be taken by the |
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665 | 646 | | Appeal Tribunal of the Oklahoma Employment Security Commission. |
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666 | 647 | | B. Within sixty (60) days of the date of service of the |
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667 | 648 | | petition on the Board of Review, the Board of Review shall file wit h |
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668 | 649 | | the court a certified copy of the record of the case, including all |
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669 | 650 | | documents and papers properly admitted into evidence and a |
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670 | 651 | | transcript of all testimony taken in the matter, together with the |
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671 | 652 | | Board of Review’s findings, conclusions and decision. |
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672 | 653 | | C. The proceedings shall be heard in a summary manner and shall |
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673 | 654 | | be given precedence over all other civil cases. An appeal may be |
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674 | 655 | | taken from the decision of the district court to the Supreme Court |
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675 | 656 | | of this state in the same manner as is provided in other civil |
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676 | 657 | | cases. It shall not be necessary as a condition precedent to |
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677 | 658 | | judicial review of any decision of the Board of Review to enter |
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678 | 659 | | exceptions to the rulings of the Board, and no bond shall be |
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711 | 691 | | SECTION 4. AMENDATORY 40 O.S. 2021, Section 4 -508, as |
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712 | 692 | | amended by Section 22, Chapter 360, O.S.L. 2022 (40 O.S. Supp. 2024, |
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713 | 693 | | Section 4-508), is amended to read as follows: |
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714 | 694 | | Section 4-508. INFORMATION TO BE KEPT CONFIDENTIAL - |
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715 | 695 | | DISCLOSURE. |
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716 | 696 | | A. Except as otherwise provide d by law, information obtained |
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717 | 697 | | from any employing unit or individual pursuant to the administration |
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718 | 698 | | of the Employment Security Act of 1980, any workforce system program |
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719 | 699 | | administered or monitored by the Oklahoma Employment Security |
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720 | 700 | | Commission, and determina tions as to the benefit rights of any |
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721 | 701 | | individual shall be kept confidential and shall not be disclosed or |
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722 | 702 | | be open to public inspection in any manner revealing the |
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723 | 703 | | individual’s or employing unit’s identity. Any claimant, employer, |
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724 | 704 | | or agent of either as aut horized in writing, shall be supplied with |
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725 | 705 | | information from the records of the Oklahoma Employment Security |
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726 | 706 | | Commission, to the extent necessary for the proper presentation of |
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727 | 707 | | the claim or complaint in any proceeding under the Employment |
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728 | 708 | | Security Act of 1980, with respect thereto. |
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762 | 741 | | payment information before Supplemental Unemployment Benefits can be |
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763 | 742 | | paid to the workers. Any information disclose d under this provision |
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764 | 743 | | shall be utilized solely for the purpose outlined herein and shall |
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765 | 744 | | be held strictly confidential by the employer. |
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766 | 745 | | C. The provisions of this section shall not prevent the |
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767 | 746 | | Commission from disclosing the following information and no |
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768 | 747 | | liability whatsoever, civil or criminal, shall attach to any member |
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769 | 748 | | of the Commission or any employee thereof for any error or omission |
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770 | 749 | | in the disclosure of this information: |
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771 | 750 | | 1. The delivery to taxpayer or claimant a copy of any report or |
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772 | 751 | | other paper filed by the taxpayer or claimant pursuant to the |
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773 | 752 | | Employment Security Act of 1980; |
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774 | 753 | | 2. The disclosure of information to any person for a purpose as |
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775 | 754 | | authorized by the taxpayer or claimant pursuant to a waiver of |
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776 | 755 | | confidentiality. The waiver shall be in writing an d shall be |
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777 | 756 | | notarized; |
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778 | 757 | | 3. The Oklahoma Department of Commerce may have access to data |
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779 | 758 | | obtained pursuant to the Employment Security Act of 1980 pursuant to |
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813 | 791 | | 4. The publication of statistics so classified as to prevent |
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814 | 792 | | the identification of a particular report and the items thereof; |
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815 | 793 | | 5. The disclosing of information or evidence to the Attorney |
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816 | 794 | | General or any district attorney when the informa tion or evidence is |
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817 | 795 | | to be used by the officials or other parties to the proceedings to |
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818 | 796 | | prosecute or defend allegations of violations of the Employment |
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819 | 797 | | Security Act of 1980. The information disclosed to the Attorney |
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820 | 798 | | General or any district attorney shall b e kept confidential by them |
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821 | 799 | | and not be disclosed except when presented to a court in a |
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822 | 800 | | prosecution of a violation of Section 1 -101 et seq. of this title, |
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823 | 801 | | and a violation by the Attorney General or district attorney by |
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824 | 802 | | otherwise releasing the information sh all be a felony; |
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825 | 803 | | 6. The furnishing, at the discretion of the Commission, of any |
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826 | 804 | | information disclosed by the records or files to any official person |
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827 | 805 | | or body of this state, any other state or of the United States who |
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828 | 806 | | is concerned with the administration of assessment of any similar |
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829 | 807 | | tax in this state, any other state or the United States; |
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863 | 840 | | transportation planning, which is performed as a part of its |
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864 | 841 | | official duties; |
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865 | 842 | | 9. The release of information to employees of the State |
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866 | 843 | | Treasurer’s office required to verify or evaluate the effectiveness |
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867 | 844 | | of the Oklahoma Small Business Linked Deposit Program on job |
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868 | 845 | | creation; |
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869 | 846 | | 10. The release of information to employees of the Attorney |
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870 | 847 | | General, the Department of Labor, the Workers ’ Compensation |
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871 | 848 | | Commission and the Insurance Department for use in investigation of |
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872 | 849 | | workers’ compensation fraud; |
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873 | 850 | | 11. The release of information to employees of any state, |
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874 | 851 | | county, municipal or tribal law enforcement agency for use in |
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875 | 852 | | criminal investigations and the location of missing persons or |
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876 | 853 | | fugitives from justice; |
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877 | 854 | | 12. The release of information to employees of the Center of |
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878 | 855 | | International Trade, Oklahoma State University, required for the |
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879 | 856 | | development of Internationa l Trade for employers doing business in |
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880 | 857 | | this state; |
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913 | 889 | | for the purpose outlined herein and shall be held strictly |
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914 | 890 | | confidential by the Oklahoma State Regents for Higher Education; |
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915 | 891 | | 14. The release of information to employees of the Oklahoma |
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916 | 892 | | Department of Career and Technology Education, the Oklahoma State |
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917 | 893 | | Regents for Higher Education, the Center for Economic and Management |
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918 | 894 | | Research of the University of Oklahoma, the Center for Economic and |
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919 | 895 | | Business Development at Southwestern Oklahoma State University or a |
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920 | 896 | | center of economic and business research or development at a |
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921 | 897 | | comprehensive or regional higher education institution within The |
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922 | 898 | | Oklahoma State System of Higher Education required to identify |
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923 | 899 | | economic trends or educational outcomes. The information obtained |
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924 | 900 | | shall be kept confidential by the Oklahoma Department of Career and |
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925 | 901 | | Technology Education, the Oklahoma State Regents for Higher |
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926 | 902 | | Education and the higher education institution and shall not b e |
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927 | 903 | | disclosed or be open to public inspection. The Oklahoma Department |
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928 | 904 | | of Career and Technology Education, the Oklahoma State Regents for |
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929 | 905 | | Higher Education and the higher education institution may release |
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930 | 906 | | aggregated data, provided that the aggregation meets disclosure |
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931 | 907 | | requirements of the Commission; |
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964 | 939 | | and Enterprise Services may release aggregate data, provided that |
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965 | 940 | | the aggregation meets disclosure requirements of the Oklahoma |
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966 | 941 | | Employment Security Commission; |
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967 | 942 | | 16. The release of information to employees of the Department |
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968 | 943 | | of Mental Health and Substance Abuse Services required to evaluate |
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969 | 944 | | the effectiveness of mental health and substance abuse treatment and |
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970 | 945 | | state or local programs utilized to dive rt persons from inpatient |
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971 | 946 | | treatment. The information obtained shall be kept confidential by |
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972 | 947 | | the Department and shall not be disclosed or be open to public |
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973 | 948 | | inspection. The Department of Mental Health and Substance Abuse |
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974 | 949 | | Services, however, may release aggr egated data, either by treatment |
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975 | 950 | | facility, program or larger aggregate units, provided that the |
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976 | 951 | | aggregation meets disclosure requirements of the Oklahoma Employment |
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977 | 952 | | Security Commission; |
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978 | 953 | | 17. The release of information to employees of the Attorney |
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979 | 954 | | General, the Oklahoma State Bureau of Investigation and the |
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980 | 955 | | Insurance Department for use in the investigation of insurance fraud |
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981 | 956 | | and health care fraud; |
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1015 | 989 | | as a required partner in the Workforce Innovation and Opportunity |
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1016 | 990 | | Act One-Stop delivery system pursuant to 29 U.S.C.A., Section |
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1017 | 991 | | 3151(b)(1), based on a showing of need made to the Commission and |
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1018 | 992 | | after an agreement concerning the release of information is entered |
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1019 | 993 | | into with the entity receiving the information. For the limited |
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1020 | 994 | | purpose of completing performance accountability reports required by |
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1021 | 995 | | the Workforce Innovation and Opportunity Act, only those designated |
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1022 | 996 | | required partners that meet the 20 CFR Section 603.2(d) definition |
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1023 | 997 | | of public official may contract with a private agent or contractor |
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1024 | 998 | | pursuant to 20 CFR Section 603.5(f) for the purpose of the private |
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1025 | 999 | | agent or contractor receiving confidential unemployment compensation |
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1026 | 1000 | | information to the extent necessary to complete the perf ormance |
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1027 | 1001 | | accountability reports; |
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1028 | 1002 | | 20. The release of information to the State Wage Interchange |
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1029 | 1003 | | System, at the discretion of the Commission; |
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1030 | 1004 | | 21. The release of information to the Bureau of the Census of |
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1031 | 1005 | | the U.S. Department of Commerce, the Bureau of Labor S tatistics of |
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1032 | 1006 | | the U.S. Department of Labor, and its agents employed by the |
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1065 | 1038 | | for health insurance premiums for qualified employers, employees, |
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1066 | 1039 | | self-employed persons and unemployed persons; |
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1067 | 1040 | | 23. The release of employer tax information and bene fit claim |
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1068 | 1041 | | information to the State Department of Rehabilitation Services for |
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1069 | 1042 | | use in assessing results and outcomes of clients served; |
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1070 | 1043 | | 24. The release of information to any state or federal law |
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1071 | 1044 | | enforcement authority when necessary in the investigation of a ny |
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1072 | 1045 | | crime in which the Commission is a victim. Information that is |
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1073 | 1046 | | confidential under this section shall be held confidential by the |
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1074 | 1047 | | law enforcement authority unless and until it is required for use in |
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1075 | 1048 | | court in the prosecution of a defendant in a criminal prosecution; |
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1076 | 1049 | | 25. The release of information to vendors that contract with |
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1077 | 1050 | | the Oklahoma Employment Security Commission to provide for the |
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1078 | 1051 | | issuance of debit cards, to conduct electronic fund transfers, to |
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1079 | 1052 | | perform computer programming operations, or to perfo rm computer |
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1080 | 1053 | | maintenance or replacement operations; provided the vendor agrees to |
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1081 | 1054 | | protect and safeguard the information it receives and to destroy the |
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1082 | 1055 | | information when no longer needed for the purposes set out in the |
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1083 | 1056 | | contract; |
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1116 | 1088 | | the Office of Juvenile Affairs and shall not be disclosed or be open |
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1117 | 1089 | | to public inspection. The Office of Juvenile Affairs may release |
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1118 | 1090 | | aggregated data for programs or larger aggregate units, provided |
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1119 | 1091 | | that the aggregation mee ts disclosure requirements of the Oklahoma |
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1120 | 1092 | | Employment Security Commission; |
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1121 | 1093 | | 27. The release of information to vendors that contract with |
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1122 | 1094 | | the State of Oklahoma for the purpose of providing a public |
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1123 | 1095 | | electronic labor exchange system that will support the Okla homa |
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1124 | 1096 | | Employment Security Commission ’s operation of an employment service |
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1125 | 1097 | | system to connect employers with job seekers and military veterans. |
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1126 | 1098 | | This labor exchange system would enhance the stability and security |
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1127 | 1099 | | of Oklahoma’s economy as well as support the p rovision of veterans’ |
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1128 | 1100 | | priority of service. The vendors may perform computer programming |
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1129 | 1101 | | operations, perform computer maintenance or replacement operations, |
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1130 | 1102 | | or host the electronic solution; provided, each vendor agrees to |
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1131 | 1103 | | protect and safeguard all informat ion received, that no information |
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1132 | 1104 | | shall be disclosed to any third party, that the use of the |
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1133 | 1105 | | information shall be restricted to the scope of the contract, and |
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1166 | 1137 | | of determining financial eligibi lity for the services provided by |
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1167 | 1138 | | such entities. |
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1168 | 1139 | | D. Subpoenas to compel disclosure of information made |
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1169 | 1140 | | confidential by this statute shall not be valid, except for |
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1170 | 1141 | | administrative subpoenas issued by federal, state, or local |
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1171 | 1142 | | governmental agencies that have been granted subpoena power by |
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1172 | 1143 | | statute or ordinance. Confidential information maintained by the |
---|
1173 | 1144 | | Commission can be obtained by order of a court of record that |
---|
1174 | 1145 | | authorizes the release of the records in writing. All |
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1175 | 1146 | | administrative subpoenas or court orders f or production of documents |
---|
1176 | 1147 | | must provide a minimum of twenty (20) days from the date it is |
---|
1177 | 1148 | | served for the Commission to produce the documents. If the date on |
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1178 | 1149 | | which production of the documents is required is less than twenty |
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1179 | 1150 | | (20) days from the date of servi ce, the subpoena or order shall be |
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1180 | 1151 | | considered void on its face as an undue burden or hardship on the |
---|
1181 | 1152 | | Commission. All administrative subpoenas, court orders or notarized |
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1182 | 1153 | | waivers of confidentiality authorized by paragraph 2 of subsection C |
---|
1183 | 1154 | | of this section shall be presented with a request for records within |
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