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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 40, § 40-3-203: Election by employer

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Where this section sits in the code
  1. OK Code
  2. Title 40

ELECTION BY EMPLOYER.

A. An employing unit, not otherwise subject to the Employment

Security Act of 1980, which files with the Oklahoma Employment

Security Commission its written election to become an employer

subject hereto for not less than two (2) calendar years shall, with

the written approval of the election by the Commission, become an

employer subject hereto to the same extent as all other employers,

as of the date stated in the approval, and shall cease to be subject

hereto as of January 1 of any calendar year subsequent to the two

(2) required calendar years, only if during January of that year it

has filed with the Commission a written application for termination

of coverage as provided in this section.

B. Any employing unit for which services that do not constitute

employment as defined in the Employment Security Act of 1980 are

performed may file with the Commission a written election that all

such services with respect to which payments are not required under

an employment security law of any other state or of the federal

government and which are performed by individuals in its employ in

one or more distinct establishments or places of business shall be

deemed to constitute employment by an employer for all the purposes

of the Employment Security Act of 1980 for not less than two (2)

calendar years. Upon the written approval of the election by the

Commission, the services shall be deemed to constitute employment

subject to the Employment Security Act of 1980 from and after the

date stated in the approval. The services shall cease to be deemed

employment subject hereto as of January 1 of any calendar year

subsequent to the two (2) required calendar years, only if during

January of that year the employing unit has filed with the

Commission a written application for termination of the coverage.

C. The Commission may terminate the election of an employer or

employing unit made pursuant to subsection A or B of this section at

any time the Commission determines that the employer or employing

unit is not abiding by all requirements of the Employment Security

Act of 1980 and the rules for the administration of that act, or if

the employer or employing unit that has made an election for

coverage becomes delinquent in the payment of its unemployment tax

contributions, interest, penalties or fees.

D. If the Commission makes a determination that an application

of an employer or employing unit submitted under subsections A or B

of this section should be denied, or that a voluntary election

should be terminated under subsection C of this section, the

Commission shall notify the affected employer or employing unit in

writing. The notification of the determination shall be delivered

to the employer, or mailed to the employer's last-known address.

E. A determination made under this section may be appealed

pursuant to the provisions of Section 3-115 of this title.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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