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§47-1146.
§47-1146.
A. Before April 1 of each year and as of the last day of operation of
an agent, all motor license agents shall file with the State Auditor
and Inspector and the Oklahoma Tax Commission a complete financial
statement and inventory on a form prescribed by the State Auditor and
Inspector covering all expenses and disbursements out of all taxes and
fees collected by such agents during the preceding calendar year or
during the current calendar year through the last day of operation of
the agent. The Commission shall audit all motor license agents at
least once during each calendar year and shall have the power to
require any changes it deems necessary in the operation of motor
license agents. The Commission shall issue such rules as it deems
necessary for the proper control of all fiscal matters involving motor
license agents.
B. No person employed in the office of a motor license agent
performing duties imposed by law upon such office shall receive a
salary that exceeds seventy percent (70%) of the maximum annual
compensation designated by law for the motor license agent provided,
however, any such employee who has been so employed in excess of five
(5) years may be compensated by an additional five percent (5%) of
such maximum annual compensation for each year in excess of five (5)
years employment not exceeding a total of twenty-five percent (25%).
The provisions of this subsection shall not apply to the Commission.
C. The allowable expenses of a motor license agency shall be the
ordinary and necessary expenses allowed small businesses pursuant to
the Federal Internal Revenue Code, 26 U.S.C., Section 1 et seq.
D. The State Auditor and Inspector, annually, shall analyze the
financial statement and inventory filed by each motor license agent
pursuant to subsection A of this section. After the analysis, the
State Auditor and Inspector may, if deemed necessary or advisable,
require a review of the taxes and fees received and expenditures made
by an agency, which review shall be made in accordance with auditing
guidelines prepared by the State Auditor and Inspector and the
standards established by the American Institute of Certified Public
Accountants by a licensed public accountant or a certified public
accountant holding a permit to practice in this state. A copy of the
review shall be forwarded to the State Auditor and Inspector and the
Tax Commission. The State Auditor and Inspector and the Tax Commission
shall evaluate the reviews and may conduct any further audits or
examinations as deemed necessary. Any review or audit of a motor
license agency performed by the Oklahoma Tax Commission, the State
Auditor and Inspector, a licensed public accountant or a certified
public accountant, pursuant to the provisions of Sections 1140 through
1147 of this title shall be an open record and shall be made available
for public inspection at the Oklahoma Tax Commission, notwithstanding
the provisions of Section 205 of Title 68 of the Oklahoma Statutes.
E. Any motor license agent whose budgeted compensation is the same as
the maximum amount as provided for in this act, Section 1101 et seq.
of this title, shall hold all real and personal property leased or
purchased from the operating expense budget of the agency in trust as
the property of the agency for use in the operation of the agency and
for no other purpose and, upon the resignation, removal or death of
such agent, such property shall be transferred to the successor agent.
The Commission shall establish a beginning inventory and maintain
records of all real and personal property leased or owned by each
motor license agent and shall annually update its records as to any
interest, whether partial or whole, held by the motor license agent in
such real and personal property. Upon the appointment of a successor
agent, the Commission shall have the power to provide for the
equitable settlement of any issue arising from any partial interests
involved in such real and personal property. Provided however, that
the property may be transferred to the Commission to be held or used
by the Commission until such time as a successor agent is appointed
and qualified as provided in this act.
F. The following restrictions and requirements shall apply to all
motor license agents:
1. All purchases in excess of One Thousand Dollars ($1,000.00) made by
a motor license agent who collects fees in excess of Seventy-five
Thousand Dollars ($75,000.00) per year shall be identified in each
review and shall be accompanied by at least (3) quotes or bids showing
that the purchase was at the lowest price available in the agent's
local area;
2. No motor license agent shall enter into a lease or sublease, for
use in a motor license agency or in the conduct of agency business for
any furniture, equipment, machinery, vehicles or other items from any
entity in which the agent or any person related to the agent within
the third degree by consanguinity or affinity has a financial
interest. Such motor license agent may, however, locate or continue to
locate a motor license agency in a building owned by said agent or by
a person related to the agent within the third degree by consanguinity
or affinity. In such case, the motor license agent shall attach a copy
of the lease agreement to his annual financial statement and inventory
and such lease agreement shall become a part thereof; and
3. Any and all records, files, books or otherwise of a motor license
agent relating to the operation of the motor license agency shall be
public record which shall be open to public inspection at reasonable
times, regardless of their location.
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