2002 -- The Oklahoma Tax Commission (OTC) is being sanctioned
by the International Registration Plan, Inc.(IRP, Inc.) effective
today for failing to have its amended rules on "established
place of business" implemented before Monday, April 1.
As of today, member states and provinces will withhold reciprocity
fees from Oklahoma.
rules were proposed by the OTC in response to a mandate from
the IRP that Oklahoma change its requirements regarding "place
of business" or be sanctioned. But earlier this year, the
state District Court of Oklahoma County issued a temporary restraining
order stopping the Oklahoma Tax Commission from enforcing new
rules that would prohibit trucking companies from using third
party agents to establish places of business in Oklahoma under
the IRP. The injunction was in response to a lawsuit filed Feb.
4, 2002, by ProCert Inc. and others.
is a large transportation consulting firm in Oklahoma City.
The company assists truckers nationwide in licensing, titling,
permitting and registration of their motor vehicles. In its
lawsuit, ProCert seeks an injunction, in addition to a declaratory
judgment from the court declaring that the new rules are unconstitutional
and they violate the trucking industry's constitutional rights
of freedom of contract, substantive due process and equal protection.
for ProCert say the court will have a final decision on April
12. But in today's announcement, it's apparent the IRP is not
waiting on the judge's decision. IRP, Inc. Board Chair, Keith
Kiser, says the board will impose the financial sanctions previously
approved and a notice has been sent to all jurisdictions, advising
states and provinces of the status of Oklahoma's non-compliance
with the previous IRP Board directive. The notice also contains
information about the imposition of financial sanctions. For
more information, watch this web site.