Current through September 9, 2024
(a) Definitions.
(1) "Secretary" means the Secretary of the
Office of Policy and Management; and
(2) "Transaction channel" means any method by
which a state agency accepts an application for a license, issues a license, or
receives payment in return for such license.
(b) Any state agency that desires to accept
payment for license fees by means of a credit card, charge card or debit card
shall make a written request to the secretary for authorization. An agency's
written request shall include, but is not limited to, the following supporting
information:
(1) A list of all current and any
proposed payment methods available to license applicants;
(2) Actual data related to the use of all
current transaction channels (e.g., in person; by telephone, facsimile, mail;
over the Internet) and estimated data related to the use of any proposed
transaction channels during the first, second and third years;
(3) The projected number of payments by
credit card, charge card and debit card during the first, second and third
fiscal years;
(4) The projected
dollar amount of any fees imposed by a credit card, charge card or debit card
issuer or processor during the first, second and third fiscal years;
(5) If the agency proposes to charge license
applicants a service fee for using a credit card, charge card or debit card, an
explanation of the service fee's necessity, an estimate of the service fee's
fiscal impact on license applicants, and a statement certifying that the
service fee is:
(A) Related to the cost of
service;
(B) Uniform for all credit
cards, charge cards or debit cards accepted; and
(C) Allowed by the operating rules and
regulations of the credit card, charge card or debit card issuer or processor
involved or is authorized in writing by such issuer or processor;
(6) An explanation of any
anticipated operational improvements, cost reductions or service enhancements
resulting from the acceptance of credit card, charge card or debit card
payments;
(7) A statement
summarizing any anticipated contractual agreement between the agency and any
credit card, charge card or debit card issuer or processor, including any such
agreement administered by the Office of the State Treasurer; and
(8) If accepting payment by credit card,
charge card or debit card requires the agency to amend any existing agency
regulation, a copy of the proposed amendment.
(c) The secretary shall have sixty (60)
calendar days to approve, in whole or in part, or disapprove, in whole or in
part, an agency's request. If the secretary disapproves, in whole or in part,
an agency's request, the agency may make a new or amended request to the
secretary in accordance with this section. If the secretary does not take
action on the agency's request within the sixty (60) calendar days allowed, the
request shall be deemed approved.
(d) During the sixty (60) calendar days
allowed for action, the secretary shall forward an agency's written request to
the Department of Information Technology for review for technological
sufficiency and to the Office of the State Treasurer for review for consistency
with the state's cash management policies.
(1)
The Department of Information Technology or the Office of the State Treasurer
or both may submit comments concerning an agency's written request to the
secretary not later than twenty-one (21) calendar days after receipt of the
request.
(2) In the event the
Department of Information Technology or the Office of the State Treasurer or
both require additional information from the requesting agency, either or both
shall notify the secretary in writing not later than seven (7) calendar days
after receipt of the request.
(3)
If the Department of Information Technology does not indicate otherwise within
the twenty-one (21) calendar days allowed for review, the agency's request is
deemed acceptable to the Department of Information Technology. If the Office of
the State Treasurer does not indicate otherwise within the twenty-one (21)
calendar days allowed for review, the agency's request is deemed acceptable to
the Office of the State Treasurer.
(e) The secretary may disapprove an agency's
request, in whole or in part, for any of the following reasons:
(1) The agency's request does not include all
the supporting information required under subsection (b) of this
section;
(2) The agency's request
is deemed technologically insufficient by the Department of Information
Technology;
(3) The agency's
request is deemed inconsistent with the state's cash management practices by
the Office of the State Treasurer;
(4) The projected dollar amount of the fees
imposed by the credit, charge, or debit card issuer or processor is deemed to
have a negative fiscal impact on the state by the secretary;
(5) The charging of a service fee, when
proposed, is deemed to have a negative fiscal impact on license applicants by
the secretary; or
(6) The
acceptance of credit, charge, or debit card payments will not significantly
improve operations, reduce costs, or enhance services within the requesting
agency.
(f) In the event
an agency wishes to make any change affecting its approved use of credit cards,
charge cards or debit cards, such agency shall submit a written request to make
such change to the secretary for authorization in accordance with this
section.
(g) The secretary may
require an agency to report annually on the impact of the acceptance of credit
card, charge card or debit card payments for license fees on agency operations,
costs, services or other related matters.
