Current through Vol. 41, No. 13, March 15, 2024
(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.
Added at 19 Ok Reg 2673, eff 7-11-02 ; Amended at 30 Ok Reg
1840, eff 7-13-13