NINETY (90) DAY NOTICE
Administrative Code 380:70-1-3 – Permit Review Fee Schedule
Under Title 56A, Oklahoma Statutes, Section 3024(A–B) the Labor Commissioner is responsible for enforcing the Elevator Safety Act, 59 O.S. §§ 3020–3024, and towards that end “may promulgate rules establishing a schedule of administrative fines for the implementation the Elevator Safety Act.” Oklahoma Administrative Code (“OAC”) 380:70-1-3, which was promulgated in 2017 and amended a year later in 2018, reads, in pertinent part:
380:70-1-3. Fees
(a) Upon the effective date of this rule, the following schedule of administrative fees shall apply to implementation of the Elevator Safety Act. The following schedule of administrative fees is derived from statute and shall supersede the fees provided for in 59 O.S. § 3024.
(b) Fees shall be as follows:
* * *
(10) New elevator – permit review up to $500.00
[Emphasis added.]
OAC 380:70-1-3(b)(10) gives the Oklahoma Department of Labor (“ODOL”) the flexibility of charging “up to” $500.00 for new elevator permit reviews. Based upon the complexity and agency resources expended for such reviews, the ODOL has established the following fee schedule, which shall become immediately effective ninety (90) days from the date of this notice for all new and/or adjusted fees. The existing permit review fee for commercial elevators shall remain constant at $500.00.
Residential Elevators & LULAs . . . . . $250.00
Stairway Chairlifts . . . . . . . . . . . . . . . . $ 50.00
Platform Lifts . . . . . . . . . . . . . . . . . . . . $ 50.00
NOTE: Because these permit review fees have been set according to the actual costs incurred by the ODOL, and are revenue neutral, the agency shall be reluctant to consider variances except in the showing they create an unnecessary or undue burden; something more than nuisance or hardship.
