§ 83-112. Authority of Corporation Commission.

A.  The Commission is hereby authorized and directed to promulgate such tests, standards, specifications, rules and regulations as may be necessary to carry out the provisions of Section 111 et seq. of this title and to ensure that all measuring devices shall be of the highest degree of accuracy reasonably consistent with the nature of the substance measured, and for such purpose the Commission shall have authority to prescribe such maximum limits of allowable error for such measuring devices as in the judgment of the Commission are necessary to prevent fraud resulting from inaccurate measurement.

B.  The Commission is authorized to promulgate such rules, regulations and standards as are necessary to establish a voluntary calibration program for tanks and containers used in this state to transport motor fuel, diesel fuel or blending material; provided, however, this shall not include the fuel supply tanks of a motor vehicle.  The Commission is further authorized to establish a fee or charge not to exceed Fifty Dollars ($50.00) for the calibration of these tanks and containers.  The fees are to cover the costs necessary for the enforcement of this act to include repairs and maintenance of the building and equipment, metal markers, seals, washers, nuts and bolts and any other supplies necessary.

C.  Any tank or container calibrated before or after the effective date of this act by the manufacturer, officials of another state, the Oklahoma Tax Commission or the Oklahoma Corporation Commission shall not be subject to further calibration testing by the Commission unless the physical shape or size of the tank or container has been altered by accident or design.  A Certificate of Measurement shall be issued by the Commission for tanks and containers which are calibrated by the manufacturer, another state or the Commission.  Nothing herein shall prohibit the Commission from ordering the mandatory calibration testing of any tank, container or metering device which the Commission has good reason to believe is inaccurate and is being utilized to defraud any person, firm or corporation.

D.  Fees collected under the provisions of Sections 111 through 118 of this title shall be deposited in the State Treasury to the credit of the Corporation Commission Revolving Fund.

Added by Laws 1951, p. 142, § 2, emerg. eff. May 29, 1951.  Amended by Laws 1980, c. 198, § 1, emerg. eff. May 12, 1980; Laws 1981, c. 85, § 1, emerg. eff. April 20, 1981; Laws 1984, c. 284, § 17, operative July 1, 1984.