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§ 1324.44. Board approval of acquisition--Conditions for disapproval--Public hearing

Oklahoma Statutes AnnotatedTitle 82. Waters and Water Rights

Oklahoma Statutes Annotated
Title 82. Waters and Water Rights
Chapter 18. Rural Water, Sewer, Gas and Solid Waste Management Districts Act (Refs & Annos)
Acquisition of Assets
82 Okl.St.Ann. § 1324.44
§ 1324.44. Board approval of acquisition--Conditions for disapproval--Public hearing
Currentness
A. The Oklahoma Water Resources Board shall approve any acquisition of control referred to in Section 6 of this act1 unless, after a public hearing thereon, it finds that one or more of the following conditions will exist if such acquisition of control is consummated, in which event it shall disapprove such acquisition of control and the same shall not be consummated:
1. The acquisition of control would adversely affect the contractual obligations of the district or corporation or its ability or commitment to render the same level of service to its customers that the district or corporation is currently rendering;
2. The financial condition of any acquiring party is such as might jeopardize the financial stability of the district or corporation or otherwise prejudice the interest of the district or corporation customer;
3. The plans or proposals which an acquiring party has to liquidate the district or corporation, sell its assets, or a substantial part thereof, or consolidate or merge it with any person, or to make any other material change in its investment policy, business or corporate structure or management, would be detrimental to the customers of the district or corporation and not in the public interest; or
4. The competence, experience and integrity of the persons who would control the operation of the district or corporation are such that it would not be in the interest of its customers and the public to permit the acquisition of control.
B. The public hearing referred to in subsection A of this section shall be commenced within thirty (30) days after the statement required by Section 6 of this act is filed. The place, date and time for such public hearing shall be set by the Board and notice thereof shall be given by the Board to the person filing the statement and to the district or corporation at least twenty (20) days prior to the date of the public hearing. Notice of the public hearing shall be given by the person filing the statement to such other persons and in such manner as may be directed by the Board at least fifteen (15) days prior to such public hearing. The district or corporation shall give notice to its customers as provided in Section 9 of this act.2 The public hearing referred to in subsection A of this section shall be concluded within thirty (30) days after the commencement of such hearing. The Board shall make a determination of the factors specified in subsection A of this section within thirty (30) days after the conclusion of such hearing, and any acquisition of control within the purview of this section shall be deemed approved unless the Board has, within sixty (60) days after the conclusion of such hearing, entered its order disapproving the acquisition of control.

Credits

Laws 1994, c. 339, § 8, emerg. eff. June 8, 1994.

Footnotes

1
Title 82, § 1324.42.
2
Title 82, § 1324.45.
82 Okl. St. Ann. § 1324.44, OK ST T. 82 § 1324.44
Current with emergency effective legislation through Chapter 29 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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