Oklahoma Business Registration Application For Nonresident Contractors Form Page 7

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OTC Statutes and Rules Regarding Nonresident
Contractors...
Title 68, Section 1705. Notice upon completion of work.
Every such contractor shall also give written notice to the Tax Commission, the Oklahoma Employment Se-
curity Commission, the State Industrial Court, and the county assessor of each county in which such contract
work or service has been performed, by certified mail, with return receipt requested, immediately upon comple-
tion of the work and services required by any such contract. The date of mailing such notice shall, for the pur-
poses of this article, be considered the date of the completion of said contract. No action shall be commenced
on the surety bond required by this article after the expiration of one (1) year from the date of the mailing of
said notice of the completion of the contract.
Title 68, Section 1706. Actions.
(a) An action against any contractor or the surety on any bond required by this article may be brought in
any court of competent jurisdiction in Oklahoma County or any county in which any work under any
such contract is performed. The entering into of any contract for the performance of work in the State
of Oklahoma by any such nonresident contractor shall be deemed to constitute an agreement to be
subject to the jurisdiction of the courts of this state and shall constitute an appointment of the Secretary
of State of Oklahoma as service agent of such contractor in any such action, and the service of sum-
mons or other process issued in any such action when served on the Secretary of State shall have the
same legal force and validity as if served upon the contractor personally within the State; provided, that
the service agent may be served in any manner now provided by law or in lieu thereof by mailing such
summons to said service agent by certified mail with return receipt requested, postage prepaid, which
such in lieu service shall be sufficient upon proof of mailing with the return receipt attached.
(b) The summons shall be directed to the Secretary of State and shall require the defendant to answer
by a day certain not less than forty-one (41) days from the return date fixed therein. The Secretary of
State shall immediately forward a copy of the summons to the contractor by certified mail, return receipt
requested, to the address given by such contractor in the notice given to the Tax Commission, and shall
thereupon make his return of said summons to the court from which the same issued, showing the date
of its receipt by him, the date of forwarding, and the name and address of the contractor to whom the
same was forwarded. The Secretary of State shall keep a suitable record of every such action showing
the name of the court in which the action is brought, the date of commencement, the style of the case,
and the date and manner of service. The plaintiff in any such action shall cause a fee of Two Dollars
($2.00) to be paid to the Secretary of State at the time of service. Every notice required of a contractor
under this article to be given to the Tax Commission shall also contain the address of the principal place
of business of the contractor, which shall be deemed to be the mailing address of such contractor for
the purpose of service of process in any action brought under this article.
Title 68, Section 1707. Penalty.
Any contractor who, or which, fails to make and file a bond or to give the notices to the Oklahoma Tax
Commission, the Employment Security Commission, the Workers’ Compensation Court, and the county as-
sessor of each county involved, as required by Sections 1701 through 1706 of this title, shall be guilty of a
misdemeanor, and upon conviction thereof shall be punished by a fine of not less than One Hundred Dollars
($100.00) nor more than One Thousand Dollars ($1,000.00). Any contractor who violates the provisions of
Section 2 of this act shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine
of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00). Venue
for such prosecution shall be in Oklahoma County, or in any county where such contract work is performed.
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