Okla. Stat. tit. 1, § 1-38 — OK Code / Title 1 / Section 1-38
Qualifications for issuance of license - Term of license -
Status: in_force

License fee.

A. An abstract license shall be issued by the Oklahoma

Abstractors Board to an applicant who:

1. Is eighteen (18) years of age or older;

2. Is of good moral character;

3. Has not been convicted of or pleaded guilty or nolo

contendere to a felony or crime of moral turpitude or disqualifying

offense that substantially relates to the practice of abstracting or

poses a reasonable threat to public safety in this state, another

state, or a federal court; and

4. Has passed a test for abstractors required by the Board.

B. Each abstract license shall be valid for one (1) year. The

Board shall set the fees for an abstract license and for renewal not

to exceed One Hundred Fifty Dollars ($150.00).

C. As used in this section:

1. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation; and

2. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation.
Okla. Stat. tit. 1, § 1-21 — OK Code / Title 1 / Section 1-21
Definitions
Status: in_force

As used in the Oklahoma Abstractors Act:

1. “Abstract of title” means a compilation in orderly

arrangement of the materials and facts of record, in the office of

the county clerk and court clerk, affecting the title to a specific

Oklahoma Statutes - Title 1. Abstracting Page 2

tract of land issued pursuant to a certificate certifying to the

matters therein contained;

2. “Abstract plant” means a set of records in which an entry

has been made of all documents or matters which legally impart

constructive notice of matters affecting title to real property, any

interest therein or encumbrances thereon, which are filed, recorded

and currently available for reproduction in the offices of the

county clerk and the court clerk in the county for which such

abstract plant is maintained. Such records shall consist of:

a. an index in which notations of or references to any

documents that describe the property affected are

included, according to the property described or in

which copies or briefs of all such documents that

describe the property affected are sorted and filed

according to the property described, which is compiled

from the instruments of record affecting real property

in the county offices and not copied or reproduced

from any county index, and

b. an index or files in which all other documents,

pending suits affecting real property and liens,

except ad valorem taxes and special assessments, are

posted, entered, or otherwise included, according to

the name of the parties whose title to real property

or any interest therein or encumbrances thereon is

affected, which is compiled from the instruments of

record affecting real property in the county offices

and not copied from any county index;

3. “Abstract license” means the authorization for a person

working for a holder of a certificate of authority to search and

remove from county offices county records, summarize or compile

copies of such records, and issue the abstract of title;

4. “Act” or “Oklahoma Abstractors Law” means the Oklahoma

Abstractors Act;

5. “Board” means the Oklahoma Abstractors Board;

6. “Certificate of authority” means the authorization to engage

in the business of abstracting in a county in this state, granted to

a person, firm, corporation, or other entity, by the Oklahoma

Abstractors Board;

7. “Permit” means the authorization to build an abstract plant

in a specific county; and

8. “Authorized agent” or “representative” of a current owner or

insured means a real estate broker, real estate agent, lender,

attorney, title insurer, title insurance agent, escrow agent, or

other duly appointed agent of the current owner or insured under a

policy of title insurance authorized to act on behalf of such

current owner or insured in a current transaction.

Oklahoma Statutes - Title 1. Abstracting Page 3
Okla. Stat. tit. 1, § 1-23 — OK Code / Title 1 / Section 1-23
Oklahoma Abstractors Board meetings - Officers, duties and
Status: in_force

powers.

A. The Oklahoma Abstractors Board shall meet at least quarterly

each calendar year, and may meet more often as determined by the

Board.

B. The Board shall elect from its membership a chair, a vice-

chair and a secretary. The officers of the Board shall be elected

each July, and shall hold office for a term of one (1) year.

1. The chair shall preside at all meetings of the Board, call

special meetings of the Board as are necessary, sign all

certificates of authority, licenses and permits and perform such

other duties as the Board shall direct. A special meeting shall be

called by the chair upon written request of three or more board

members.

2. The vice-chair shall exercise the powers of and perform the

duties of the chair in the absence or disability of the chair, and

perform such other duties as the Board shall direct.

3. The secretary shall keep a complete and permanent record of

all proceedings of the Board and shall preside at any meeting in the

absence of the chair and vice-chair, validate minutes of all of the

meetings of the Board, in the manner prescribed in the rules of the

Board and supervise the maintenance of the records of the Board.

The secretary shall perform such other duties as the Board shall

direct.

4. At any regular or special meeting at which none of the

officers are in attendance, the members of the Board in attendance

shall elect a member to preside at that meeting.

5. Five Board members shall constitute a quorum for the

transaction of business.
Okla. Stat. tit. 1, § 1-35 — OK Code / Title 1 / Section 1-35
Censure, suspension, revocation, continuance, renewal or
Status: in_force

refusal to issue certificate of authority or permit - Civil

penalties.

A. The Oklahoma Abstractors Board shall censure, suspend,

revoke, continue, renew, or refuse to issue any certificate of

authority or permit issued or applied for pursuant to the provisions

of the Oklahoma Abstractors Act, if, after a hearing, the Board

finds any one or more of the following conditions:

1. Any untrue statement in the application for a certificate of

authority or permit;

2. The violation of or noncompliance with any provision of the

Oklahoma Abstractors Act or rule, regulation, or order of the Board;

3. The obtaining of or attempt to obtain a certificate of

authority or permit through fraud or misrepresentation;

Oklahoma Statutes - Title 1. Abstracting Page 15

4. Conviction of or plea of guilty or nolo contendere to a

felony in this state, another state, or a federal court or of a

misdemeanor involving moral turpitude;

5. Conspiracy involving the certificate holder or the

certificate holder’s agents to obtain an abstract license for an

employee, prospective employee, or other person through fraud or

misrepresentation;

6. Failure to properly supervise an abstract licensee whose

license is issued through the certificate holder; or

7. Failure to provide an abstract, abstract extension,

supplemental abstract or final title report pursuant to the

requirements of Section 32 of this title.

B. In addition to or in lieu of any censure, denial,

suspension, or revocation of a certificate or permit, any person,

firm, corporation, or other entity violating the provisions of the

Oklahoma Abstractors Act shall be subject to a civil penalty not

less than Five Hundred Dollars ($500.00) nor more than Ten Thousand

Dollars ($10,000.00) for each occurrence. The fine may be enforced

in the same manner in which civil judgments may be enforced.
Okla. Stat. tit. 1, § 1-24 — OK Code / Title 1 / Section 1-24
Administration of Abstractors Act - Hearing examiners
Status: in_force

A. The Oklahoma Abstractors Board is hereby charged with the

duty of administering the Oklahoma Abstractors Act. The Board shall

be the sole governmental entity, state, county or municipal,

authorized to regulate and issue certificates of authority, permits,

and abstract licenses in this state. For the purposes of exercising

the powers and performing the duties imposed by the Oklahoma

Abstractors Act, the Board shall be subject to the provisions of the

Administrative Procedures Act.

B. The Board may designate and employ hearing examiners who

shall have the authority to conduct hearings subject to the

provisions of applicable rules, regulations, and orders of the

Board. No person shall serve as a hearing examiner in any

Oklahoma Statutes - Title 1. Abstracting Page 7

proceeding in which any party to the proceeding is or has been a

client of the hearing examiner or any partnership, firm,

corporation, or other entity with which the hearing examiner is or

has been associated. In any hearing the burden of proof shall be

upon the moving party.
Okla. Stat. tit. 1, § 1-40 — OK Code / Title 1 / Section 1-40
Censure, revocation or suspension of abstract license
Status: in_force

Upon good cause shown and after a hearing, the Oklahoma

Abstractors Board may censure a licensee or revoke or suspend his

abstract license for any of the following acts:

1. Making of a materially fraudulent statement in an

application for an abstract license; or

2. Having been convicted and exhausted all appellate remedies

in a court of competent jurisdiction in this or any other state or a

federal court of the crime of forgery, embezzlement, obtaining money

under false pretenses, extortion, conspiracy to defraud, fraud, or

any similar offense, or pleading guilty or nolo contendere to any

such offense; or

3. Destroying or secreting public records, or failing to return

said records within the designated time; or

4. Any other conduct which constitutes untrustworthy or

improper, fraudulent, or dishonest activities; or

5. Disregarding or violating any provision of the Oklahoma

Abstractors Act; or

6. Continued violation after notice from the Board of engaging

in a practice of charging excessive abstracting fees.
Okla. Stat. tit. 1, § 1-42 — OK Code / Title 1 / Section 1-42
Limitation of actions
Status: in_force

An action for damages by reason of any imperfect or false

abstract hereafter compiled must be brought within five (5) years

from the date the abstract certificate was issued.
Okla. Stat. tit. 1, § 1-37 — OK Code / Title 1 / Section 1-37
Certain employees required to hold abstract license -
Status: in_force

Exemptions.

Any person in the employ of a holder of a certificate of

authority or permit for the purpose of searching county records or

compiling abstracts shall hold an abstract license. The provisions

of this section shall not apply to an employee whose sole function

is to put the work product of others into typewritten or other

readable form.

Oklahoma Statutes - Title 1. Abstracting Page 17
Okla. Stat. tit. 1, § 1-33 — OK Code / Title 1 / Section 1-33
Repeated violations - Temporary certificate of authority to
Status: in_force

another.

In the event that a holder of a certificate of authority has had

repeated violations of the provisions of either Section 35 or 41 of

Title 1 of the Oklahoma Statutes, the Oklahoma Abstractors Board

shall establish a procedure whereby a temporary certificate of

authority may be issued to another holder of a certificate of

authority licensed in this state to meet the consumer needs in the

county wherein the violations occurred. The certificate shall be

subject to the following:

1. The temporary certificate of authority shall be valid for

ninety (90) days;

Oklahoma Statutes - Title 1. Abstracting Page 14

2. Additional ninety-day renewals may be granted if deemed

appropriate;

3. The holder of a temporary certificate of authority shall

provide a fee schedule for the county covered by the temporary

certificate of authority. The fee schedule may or may not be the

same as the current fee schedule of the holder of the certificate of

authority receiving the temporary certificate of authority; and

4. The holder of a temporary certificate of authority shall not

be required to furnish proof of the existence of an abstract plant

required in Section 27 of Title 1 of the Oklahoma Statutes.
Okla. Stat. tit. 1, § 1-41 — OK Code / Title 1 / Section 1-41
Unlawful business inducements - Charges for abstracts,
Status: in_force

abstract extensions, supplemental abstracts and final title reports

- List of abstracting fees - Civil penalties.

A. It shall be unlawful for any abstractor as an inducement to

obtaining any business to pay, rebate, or deduct any portion of or

to permit any deduction from a charge made for making, extending, or

certifying an abstract of title, to:

1. Any owner, mortgagee, or lessee of the real property covered

by the abstract of title, or of any right, title, or interest in or

lien upon the same;

2. Any principal, broker, agent, or attorney in connection with

a sale or lease of real property or the making or obtaining of a

loan thereon in which an abstract of title is required, used, or

furnished; and

3. Any spouse, child, employee, ward, officer, director,

subsidiary, affiliate, parent, relative within the fifth degree,

personal representative, or partner of any person, firm, or

corporation included in this section.

B. All charges for abstracts, abstract extensions, supplemental

abstracts or final title reports shall be separately stated and

shall not be combined with title insurance, closing fees, or

examination charges, shall be uniform for all abstracts, abstract

extensions, supplemental abstracts or final title reports of

Oklahoma Statutes - Title 1. Abstracting Page 19

whatsoever kind or nature, whether the abstract, abstract extension,

supplemental abstract or final title report is prepared for use by

the abstractor or for others purchasing abstracts, abstract

extensions, supplemental abstracts or final title reports from the

abstractor; and any other charge therefor shall be unlawful.

C. The list of abstracting fees required to be attached to an

application for certificate of authority, an application to renew a

certificate of authority and an application to transfer a

certificate of authority pursuant to the provisions of Section 30 of

this title shall include all fees the applicant intends to charge

for abstracts, abstract extensions, supplemental abstracts or final

title reports. The Oklahoma Abstractors Board shall notify the

applicant in writing of any action taken with regard to the

requested fees within sixty (60) days of submission. If no notice

is provided regarding the submitted fees, they will be deemed to

become effective on the sixty-first day following the day the

application was submitted to the Board. The fees shall also be

subject to the following:

1. No fee shall be charged that is not on the approved list;

2. The holder of the certificate of authority may submit an

amended list of fees once a year requesting approval for changes to

the currently approved fees; and

3. The amended list of fees must be approved before becoming

effective. The Board may disapprove a list of fees or an amended

list of fees if the fees are determined to be excessive or are used

as an unlawful inducement. In determining whether a fee is

excessive, the Board may consider any or all of the following:

a. the change from any prior rate for the same abstract,

abstract extension, supplemental abstract or final

title report,

b. the fee charged by other holders of certificates of

authority within the same county, in adjacent

counties, and in counties with similar

characteristics,

c. the amount of work performed,

d. the time required to perform the work,

e. the amount of financial risk involved to the holder of

the certificate of authority,

f. the cost of providing the abstract, abstract

extension, supplemental abstract or final title

report,

g. the availability of competition,

h. the average cost for such services across the state,

and

i. any other relevant factor applicable to a particular

set of circumstances presented for approval.

Oklahoma Statutes - Title 1. Abstracting Page 20

D. In addition to any other penalty, any person, firm,

corporation, or other entity violating the provisions of this

section shall be subject to a civil penalty not less than Two

Hundred Fifty Dollars ($250.00) nor more than Ten Thousand Dollars

($10,000.00) for each occurrence. The fine may be enforced in the

same manner in which civil judgments may be enforced.
Okla. Stat. tit. 1, § 1-31 — OK Code / Title 1 / Section 1-31
Current abstract plant required
Status: in_force

Beginning November 1, 1984, all individuals, firms,

corporations, or other entities engaging in the business of

Oklahoma Statutes - Title 1. Abstracting Page 12

abstracting, shall have available for use or commence compilation of

an abstract plant and thereafter shall maintain in a current

condition said plant. Failure to do so shall render its

certificates of authority subject to revocation. An abstract plant

shall be deemed in a current condition if it reflects all documents

or other matters that are filed in said county except those filed

within the preceding fifteen (15) days. Holders of a certificate of

authority issued pursuant to law who were engaged in the business of

abstracting on November 1, 1984, shall not be required to construct

or maintain an abstract plant of documents filed or recorded prior

to November 1, 1984. If any such holder allows said certificate of

authority to lapse after November 1, 1984, he shall be required to

apply for a new certificate of authority before resuming the

business of abstracting.
Okla. Stat. tit. 1, § 1-28 — OK Code / Title 1 / Section 1-28
Independent set of abstract books or other system of indexes
Status: in_force

required.

In addition to the bond required any person, firm, corporation,

or other entity not engaged in the business of abstracting on

January 1, 1984, desiring to enter into the business of compiling or

abstracting titles to real estate in any of the counties of the

State of Oklahoma from and after the passage of the Oklahoma

Abstractors Act, shall have for use in such business an independent

set of abstract books or other system of indexes compiled from the

instruments of record affecting real estate in the office of the

county clerk, and not copied from the indexes in said office,

showing in a sufficiently comprehensive form all instruments

affecting the title to real property on file, of record and

currently available for reproduction in the office of the county

clerk and court clerk of the county wherein such business is

conducted, provided that nothing in this section shall in any way be

construed as to limit the liability of the holder of a certificate

of authority to provide an abstract of title compiled and certified

to in accordance with the Oklahoma Abstractors Act.
Okla. Stat. tit. 1, § 1-30 — OK Code / Title 1 / Section 1-30
Certificate of authority - Issuance - Renewal - List of
Status: in_force

abstracting fees.

A. The Oklahoma Abstractors Board shall issue a certificate of

authority to any applicant who has complied with the provisions of

the Oklahoma Abstractors Act. The certificate shall be in written

form and shall indicate the county or counties in which the

applicant may operate. The certificate shall be prominently

displayed in the office of the certificate holder.

B. All certificates of authority issued pursuant to the

provisions of the Oklahoma Abstractors Act shall expire annually on

a staggered schedule established by the Board except the first

certificates which may cover more than one (1) year but less than

two (2) years. Renewal procedures are as follows:

1. Applications for renewal shall be made ninety (90) days

prior to expiration and shall be accompanied by a renewal fee in an

amount determined by the Board not to exceed the original

application fee;

2. Any individual, firm, corporation, or other entity holding a

certificate of authority who fails to apply for renewal and pay the

renewal fee shall be notified by the Board no later than sixty (60)

days prior to expiration of the certificate of authority;

3. The individual, firm, corporation, or other entity shall

have thirty (30) days from the date of notification to file a

renewal application; and

4. The name of any individual, firm, corporation, or other

entity failing to renew the certificate of authority shall be

stricken from the records of the Board and said individual, firm,

corporation, or other entity shall no longer engage in the business

of abstracting in this state until authorized.

C. A list of abstracting fees shall be attached to an

application for certificate of authority, an application to renew a

certificate of authority and an application to transfer a

certificate of authority. No certificate of authority shall be

issued to any applicant until the list of abstracting fees is

approved by the Board.
Okla. Stat. tit. 1, § 1-43 — OK Code / Title 1 / Section 1-43
Real property purchaser – Retention of abstract
Status: in_force

A purchaser of real property shall have the opportunity to

retain possession of the abstract for the property being purchased.

The purchaser shall be notified about the option to retain

possession at the scheduled closing; however, if a contractual

obligation to a mortgage company requires retention of the abstract

by that mortgage company, then the purchaser shall have an

opportunity to take possession of the abstract upon complete

performance of the contractual obligations. If a duly licensed

abstract company is holding or storing any base or supplemental

abstract or abstracts or a previously issued owner’s policy of title

insurance, upon written request from the owner or the authorized

agent of the owner, pursuant to a current transaction, the licensed

abstractor shall release the abstract or abstracts within three (3)

business days of receipt of the written request or, in the case of a

title insurance policy, shall release the owner’s policy pursuant to

subsection D of Section 5001 of Title 36 of the Oklahoma Statutes.

All licensed abstractors and certificate of authority holders who

refuse to do so shall be subject to the following:

1. A civil penalty to the requesting party not less than Two

Hundred Fifty Dollars ($250.00) nor more than Two Thousand Dollars

($2,000.00) for each occurrence;

2. Liability in any action for damages, loss or injury suffered

or incurred by any person by reason of failure to deliver the

abstract pursuant to the provisions of this section. Any civil

judgment rendered pursuant to this paragraph may be enforced in the

same manner in which other civil judgments may be enforced; and

Oklahoma Statutes - Title 1. Abstracting Page 21

3. Any administrative penalties and fines enforced by the

Oklahoma Abstractors Board.
Okla. Stat. tit. 1, § 1-20 — OK Code / Title 1 / Section 1-20
Short title
Status: in_force

Sections 227.10 through 227.30 of this title shall be known and

may be cited as the “Oklahoma Abstractors Act”.
Okla. Stat. tit. 1, § 1-26 — OK Code / Title 1 / Section 1-26
Oklahoma Abstractors Board Revolving Fund
Status: in_force

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Abstractors Board to be designated the "Oklahoma

Abstractors Board Revolving Fund". Beginning July 1, 2007, any

monies collected pursuant to the Oklahoma Abstractors Law shall be

deposited into the Oklahoma Abstractors Board Revolving Fund.

Beginning January 1, 2008, any monies collected pursuant to the

Oklahoma Abstractors Act shall be deposited into the Oklahoma

Abstractors Board Revolving Fund. The fund shall be a continuing

fund, not subject to fiscal year limitations, and shall consist of

all monies received by the Oklahoma Abstractors Board from any

transfers, fees, bonds, penalties or fines paid to the Board

pursuant to the Oklahoma Abstractors Act. All monies accruing to

the credit of said fund are hereby appropriated and may be budgeted

and expended by the Oklahoma Abstractors Board for the purpose of

effectuating the purposes of the Oklahoma Abstractors Act and to pay

all costs and expenses heretofore and hereafter incurred in

connection therewith. Expenditures from said fund shall be made

upon warrants issued by the State Treasurer against claims filed as

prescribed by law with the Director of the Office of Management and

Enterprise Services for approval and payment.
Okla. Stat. tit. 1, § 1-25 — OK Code / Title 1 / Section 1-25
Abstractors Board - Powers and duties
Status: in_force

In performing the duties imposed pursuant to the Oklahoma

Abstractors Act, the Oklahoma Abstractors Board shall have the

following powers and duties:

1. To prescribe, promulgate, implement and enforce rules and

make such orders as deemed necessary to implement all the provisions

of the Oklahoma Abstractors Act including the duties imposed in this

section;

2. To hold examinations for applicants for abstract licenses;

3. To issue abstract licenses, certificates of authority, and

permits in such form as deemed appropriate;

4. To issue abstract licenses and certificates of authority to

nonresidents, associations, corporations, and partnerships;

5. To suspend, revoke, or reinstate abstract licenses and

certificates of authority previously issued, upon good cause shown;

6. To reprimand, place on probation, or require additional

education of licensees and certificate holders upon good cause

shown;

7. To establish administrative penalties and fines as provided

for in Section 227.22 of this title for failure to furnish an

abstract, abstract extension, supplemental abstract or final title

report;

8. To prescribe and impose such administrative penalties and

fines as deemed proper to be assessed against licensees and

certificate holders for the failure to pay the renewal fees or for

the violation or noncompliance with any provision of the Oklahoma

Abstractors Act or rule or order of the Oklahoma Abstractors Board;

9. To cause the prosecution of any person who violates any of

the provisions of the Oklahoma Abstractors Act;

10. To promulgate such rules and regulations governing the

approval of organizations offering courses of study in real estate

as are necessary for the administration of the Oklahoma Abstractors

Act;

11. To establish minimum standards to be followed in the

preparation of abstracts;

12. To establish a schedule of fees for applications for or

renewals of certificates of authority, abstract licenses, or

permits;

Oklahoma Statutes - Title 1. Abstracting Page 8

13. To establish the amount of the bond to be filed with

applications for abstract licenses, certificates of authority, or

permits;

14. To approve fee schedules of holders of certificates of

authority, set criteria for determining what constitutes an

excessive fee, and impose administrative penalties and fines for

violations of approved fee schedules;

15. To deposit all fees and fines collected to the credit of

the Oklahoma Abstractors Board Fund;

16. To confer with and seek legal assistance from the Office of

the Attorney General whenever deemed appropriate by the Board; and

17. To have a seal which shall be affixed to all certificates

of authority, abstract licenses, certified copies of documents on

file, and such other instruments as the Board may direct, and all

courts shall take judicial notice of the seal, and copies of records

and proceedings of the Board and all documents filed with the Board

and certified under seal shall be received as evidence in all courts

of record.
Okla. Stat. tit. 1, § 1-22 — OK Code / Title 1 / Section 1-22
Oklahoma Abstractors Board
Status: in_force

A. There is hereby re-created to continue until July 1, 2026,

in accordance with the Oklahoma Sunset Law, the Oklahoma Abstractors

Board. Beginning January 1, 2008, the Oklahoma Abstractors Board

shall have the total responsibility of administering and enforcing

the Oklahoma Abstractors Act.

B. The Board shall have the power and duty to prescribe,

promulgate and implement rules as deemed necessary to implement all

the provisions of the Oklahoma Abstractors Act.

C. The Board shall have the power and duty to obtain and secure

an office in Oklahoma City, and employ, direct, discharge, and

define the duties and set the salaries of employees of the Board,

including an executive director, as are necessary to implement the

provisions of the Oklahoma Abstractors Act.

D. The Board shall consist of nine (9) members who shall be

appointed by the Governor and confirmed by the Senate:

1. Six of the members shall be residents of this state who are

either a holder of a current valid Certificate of Authority or an

employee of a holder of a current valid Certificate of Authority for

not less than five (5) years in a county in the district from which

the member is appointed prior to appointment. One member shall be

appointed from each of the following districts:

District 1: Alfalfa, Beaver, Blaine, Cimarron, Custer, Dewey,

Ellis, Garfield, Grant, Harper, Kingfisher, Major, Roger Mills,

Texas, Woods, and Woodward Counties.

District 2: Beckham, Caddo, Carter, Comanche, Cotton, Garvin,

Grady, Greer, Harmon, Jackson, Jefferson, Kiowa, Love, McClain,

Murray, Stephens, Tillman, and Washita Counties.

District 3: Canadian, Cleveland, Logan, and Oklahoma Counties.

District 4: Adair, Cherokee, Craig, Delaware, Kay, Mayes,

Muskogee, Noble, Nowata, Okmulgee, Osage, Ottawa, Pawnee, Payne,

Sequoyah, and Washington Counties.

District 5: Creek, Lincoln, Rogers, Tulsa, and Wagoner Counties.

District 6: Atoka, Bryan, Choctaw, Coal, Haskell, Hughes,

Johnston, Latimer, LeFlore, McIntosh, Marshall, McCurtain, Okfuskee,

Pittsburg, Pontotoc, Pottawatomie, Pushmataha, and Seminole

Counties;

2. One member shall be a resident of this state who has been a

licensed real estate broker in Oklahoma for not less than five (5)

years;

Oklahoma Statutes - Title 1. Abstracting Page 4

3. One member shall be an attorney who is a resident of this

state who has been licensed to practice in Oklahoma for not less

than five (5) years; and

4. One member shall be a resident of this state who has been an

officer in a bank in Oklahoma for not less than five (5) years.

E. The Governor shall make the initial appointments to the

Board within ninety (90) days of July 1, 2007:

1. The initial appointments for the members of the Board shall

be as follows:

a. members appointed from Districts 1 and 3 shall serve

until July 1, 2008,

b. members appointed from Districts 2 and 4 shall serve

until July 1, 2009,

c. members appointed from Districts 5 and 6 shall serve

until July 1, 2010,

d. the real estate broker member shall serve until July

1, 2010,

e. the attorney member shall serve until July 1, 2009,

and

f. the bank officer member shall serve until July 1,

2010; and

2. Thereafter, all members shall serve four-year terms.

F. Each member shall hold office until the expiration of the

term of office for which appointed or until a successor has been

appointed and confirmed:

1. Vacancies on the Board due to death, resignation, or removal

occurring during a term shall be filled by the Governor for the

unexpired portion of the term in a manner as provided for regular

appointments to the Board;

2. Members filling the remainder of an unexpired term shall

assume office immediately upon appointment by the Governor and shall

serve until confirmation or denial of confirmation by the Senate;

and

3. A member may be reappointed to the Board, but shall not

serve more than two consecutive terms. A member that has previously

served two consecutive terms may be reappointed after the expiration

of at least one full term.

G. Members of the Board shall receive no salary or compensation

for service on the Board, but shall be reimbursed for travel

expenses incurred on behalf of their service on the Board pursuant

to the State Travel Reimbursement Act.

H. Members may be removed from office by the Governor:

1. For inefficiency, neglect of duty, or malfeasance in office

in the manner provided for by law for the removal of officers not

subject to impeachment;

2. For cause which shall include, but not be limited to:

Oklahoma Statutes - Title 1. Abstracting Page 5

a. the member has ceased to be qualified. A member of

the Board is no longer qualified to serve if that

member:

(1) is a member whose Certificate of Authority,

license, or permit pursuant to the laws of this

state has become void or has been revoked or

suspended, or

(2) is a member who has moved from this state,

b. the member has been convicted, pled guilty or nolo

contendere to a felony pursuant to the laws of the

United States or any jurisdiction,

c. the member has become medically incapacitated as

determined in writing by a medical doctor upon request

by the Board, or

d. the member has been absent from three meetings, or is

absent for more than one-half (1/2) the number of

minutes for which a meeting is conducted of three

meetings as determined by the Board during any twelve-

month period, unless such absence is determined to be

unavoidable in the opinion of a majority of the

remaining members;

3. Upon being found guilty, through due process, of

malfeasance, misfeasance or nonfeasance in relation to Board duties;

or

4. Upon being found mentally incompetent by a court of

competent jurisdiction.

I. Removal pursuant to the provisions of subsection H of this

section shall be accomplished in the following manner:

1. After a majority vote of the remaining members setting out

the dates of absences or other grounds for removal and the fact of

the disqualification of the member, a written notification of the

said vote shall be sent to the Governor; and

2. Upon receipt of the written notification, the Governor,

after a hearing conducted in accordance with the provisions of the

Administrative Procedures Act, may remove any member of the Board

for any of the reasons set out in the notice from the Board or for

any other reason specified in this act, provided:

a. removal pursuant to the provisions of this subsection

shall occur upon the Governor filing a written

statement of findings after the hearing as to the

reasons and basis for removal of the member with the

secretary of the Board, and

b. the Governor shall appoint another member in the

manner provided for appointments to the Board.
Okla. Stat. tit. 1, § 1-36 — OK Code / Title 1 / Section 1-36
Rights and responsibilities of abstractors
Status: in_force

A. Any person, firm, corporation, or other entity holding a

valid abstract license or permit, or any abstract licensee

affiliated with such person, firm, corporation, or other entity,

shall:

1. Have free access to the instruments of record affecting real

property filed in any city, county, or state office;

2. Be permitted to make such memoranda, notations, or copies of

such instruments of record;

3. Occupy reasonable space with equipment for that purpose

during the business hours of such office;

4. Make and prepare abstracts; and

5. Compile, post, copy, and maintain his or her books, records,

and indexes.

B. The records in any city, county, or state office shall not

be taken from the office to which they belong, for any reason,

except that records may be taken from the office of the district

court clerk by an abstractor who is doing business within that

county and has an approved bond on file with the county clerk for a

period of time not to exceed twenty-four (24) hours after first

giving proper receipt to the appropriate clerk or deputy.

C. An abstractor shall have the right of access to any

instrument filed of record in a county office, not later than the

Oklahoma Statutes - Title 1. Abstracting Page 16

close of business of the first business day following the day of

filing. There shall be no fee charged for providing access to the

instrument.

D. For purposes of this section, “access” means possession of

said instrument to mechanically or electronically reproduce it,

either in the office or out of the office of filing, at the

discretion of the county officer having custody of the instrument,

which reproduction shall be completed not later than the close of

business of the first business day following the day of receipt of

the document. Provided if the abstractor fails to return the files

within the twenty-four-hour period, the county officer in his or her

discretion may refuse to allow the abstractor to remove said files

at a later date. Any county officer making such refusal shall send

written notice of such action to the Oklahoma Abstractors Board.

E. Access to instruments of record shall be for immediate and

lawful abstracting purposes only. The sale of the instruments of

record for profit to the public either on the Internet or any other

such forum by any company holding a permit to build an abstract

plant is prohibited, and a violation of this subsection shall be

considered a violation of the Oklahoma Abstractors Law.

F. All certificates of authority or permit holders and abstract

licensees shall be subject to the same obligation to protect and

preserve the public records to which they have access as do the

public officers who have legal custody of such records. Holders of

certificates of authority or permits and abstract licensees shall be

subject to the same penalties for a violation of such duty as said

officers.

G. Reliance solely on the county indexes in the preparation of

an abstract of title shall be prohibited and subject to the

penalties established in subsection B of Section 35 of this title

and shall not be a defense of liability for an error or omission in

an abstract of title.
Okla. Stat. tit. 1, § 1-39 — OK Code / Title 1 / Section 1-39
Supervision of licensees
Status: in_force

All abstract licensees shall submit to the supervision of a

holder of a certificate of authority or permit and shall inform the

Oklahoma Abstractors Board in writing of the name and address of

that holder of a certificate of authority or permit. If the

licensee leaves the employ of that holder of a certificate of

authority or permit or changes employment to another holder of a

certificate of authority or permit, he shall so inform the Board in

writing within ten (10) days of the action.
Okla. Stat. tit. 1, § 1-29 — OK Code / Title 1 / Section 1-29
Persons, firms, corporations or other entities not engaged
Status: in_force

in abstracting on January 1, 1984 - Application for certificate of

authority.

Any person, firm, corporation, or other entity who wishes to

engage in the business of abstracting in this state who was not

engaged in the business of abstracting in this state on January 1,

1984, or who did not have a valid certificate of authority in this

state on such date shall make application for a certificate of

authority. At the time of application, the Oklahoma Abstractors

Board shall notify all certificate holders doing business in the

county of the application.

Oklahoma Statutes - Title 1. Abstracting Page 11
Okla. Stat. tit. 1, § 1-34 — OK Code / Title 1 / Section 1-34
Development of abstract plant - Permit
Status: in_force

Any person wishing to develop an abstract plant shall make

application for a permit. The application shall be on a form

prepared by the Oklahoma Abstractors Board and shall be accompanied

by the fee and the bond as provided in Section 27 of Title 1 of the

Oklahoma Statutes. All permits shall expire annually. A permit

holder who has not completed development of an abstract plant at the

time the permit expires may apply for renewal of the permit.

Applications for renewal must be made thirty (30) days prior to the

scheduled expiration of the original permit and shall be accompanied

by the renewal fee. The permit holder shall comply with the

provisions of the Oklahoma Abstractors Act to obtain a certificate

of authority after completion of the abstract plant.
Okla. Stat. tit. 1, § 1-32 — OK Code / Title 1 / Section 1-32
Abstracts and other documents to be provided without delay -
Status: in_force

Valid order therefor - Failure to furnish - Penalties - Exclusions.

A. All abstractors shall furnish abstracts, abstract

extensions, supplemental abstracts or final title reports as

desired, to the persons applying therefor, in the order of receipt

of a valid order therefor, without unnecessary delay, and for

reasonable compensation pursuant to the requirements of the Oklahoma

Abstractors Act. A valid order is a written order from the person

applying for the order who is a party to the transaction containing

the following elements:

1. A complete and accurate legal description or a complete and

accurate address, as applicable;

2. The availability of any necessary base abstract; and

3. An up-front commitment to pay for the order either upon

delivery or other payment conditions agreed to by the parties to the

transaction or a stated cancellation fee amount.

B. Failure of an abstractor to furnish an abstract, abstract

extension, supplemental abstract or final title report within the

following time periods shall constitute unnecessary delay, unless

the Board has previously determined the existence of extenuating

circumstances:

1. For furnishing new abstracts:

a. unplatted: twenty (20) business days, and

b. platted: fifteen (15) business days; and

2. For furnishing an abstract extension, supplemental abstract

or final title report:

a. unplatted: seventeen (17) business days, and

b. platted: twelve (12) business days.

Oklahoma Statutes - Title 1. Abstracting Page 13

C. All licensed abstractors and certificate of authority

holders, whose business is hereby declared to stand upon a like

footing with that of common carriers, who shall refuse to do so,

upon receipt of a valid order for the abstract, abstract extension,

supplemental abstract or final title report, shall be subject to the

following:

1. A civil penalty not less than Five Hundred Dollars ($500.00)

nor more than Two Thousand Dollars ($2,000.00) for each occurrence;

2. Liability in any action for damages, loss or injury which

any person may suffer or incur by reason of failure to furnish such

abstract, abstract extension, supplemental abstract or final title

report pursuant to the provisions of this section. This penalty may

be enforced in the same manner in which civil judgments may be

enforced; and

3. Any administrative penalties and fines enforced by the

Oklahoma Abstractors Board.

D. The provisions of this section shall not apply to orders for

abstracts on oil, gas, and other minerals.

E. In the event a holder of a certificate of authority is

unable to comply with the requirements of this section due to

extenuating circumstances, the holder of the certificate shall

notify the Board within five (5) business days of the receipt of

orders that cannot be furnished within the time specified in this

section. The Board shall respond to the holder within three (3)

business days to resolve the delay and establish alternatives for

the timely delivery of abstracts.

F. For the purposes of this section, “extenuating

circumstances” include but are not limited to a catastrophic event

such as fire, tornado, pandemic, death, or the receipt of a large

multiple tract order such as an energy related project.
Okla. Stat. tit. 1, § 1-27 — OK Code / Title 1 / Section 1-27
Application for certificate of authority - Fee - Bond -
Status: in_force

Proof required.

A. Any person, firm, corporation, or other entity desiring to

engage in the business of abstracting in this state shall make

application to the Oklahoma Abstractors Board for a certificate of

authority for each county in which the applicant desires to do

business. The application shall be on a form prepared by the Board

and containing such information as may be necessary to determine

whether or not the applicant has complied with the provisions of the

Oklahoma Abstractors Act. The application shall be accompanied by a

fee and a bond. The bond may be a corporate surety bond or a

personal bond in the form of cash or a certificate of deposit

endorsed in favor of and delivered to the Board. The application

fee shall be set by the Board in an amount determined by the number

of counties in which the applicant desires to do business not to

exceed the following schedule:

County Population Fee Not to Exceed

Less than 10,000 $500.00

10,000 but less than 30,000 $1,000.00

30,000 but less than 60,000 $1,500.00

60,000 but less than 100,000 $2,000.00

100,000 but less than 200,000 $3,000.00

200,000 or more $4,000.00

B. The applicant shall furnish proof to the Board that there is

an abstract plant available for use for each county for which

abstracts will be prepared, or that the applicant was engaged in the

business of abstracting in this state on January 1, 1984, and had a

valid certificate of authority pursuant to the laws of this state on

that date for each county in which the applicant wishes to do

business. Or, if it is finally determined that the applicant was

entitled to a valid certificate of authority pursuant to the

provisions of the previous law, said applicant shall be deemed to

have been engaged in the business of abstracting on January 1, 1984,

and had a valid certificate of authority pursuant to the laws of

this state for each county in which the applicant wishes to do

business. All periods for compliance for a certificate of authority

pursuant to the provisions of the Oklahoma Abstractors Act shall be

extended for like periods from the date of such determination

notwithstanding other provisions of the Oklahoma Abstractors Act.

C. The applicant also shall furnish proof of either errors and

omissions insurance or a bond for each county in which the applicant

wishes to do business to pay damages for possible errors in

abstracts prepared subject to the provisions of the certificate as

follows:

County Population Amount of Bond

Less than 30,000 $15,000.00

Oklahoma Statutes - Title 1. Abstracting Page 10

30,000 but less than 60,000 $25,000.00

60,000 but less than 100,000 $50,000.00

100,000 or more $100,000.00

The bond may be a corporate surety bond or a personal bond in

the form of cash or a certificate of deposit endorsed in favor of

and delivered to the Board.