ATTORNEY GENERAL LOVING HAS ASKED ME TO RESPOND TO YOUR LETTER REQUESTING AN OPINION ADDRESSING, IN EFFECT, THE FOLLOWING QUESTIONS:
1. WHEN A PRIVATE VOCATIONAL SCHOOL THAT IS LICENSED BY THE OKLAHOMA BOARD OF PRIVATE VOCATIONAL SCHOOLS ("BOARD") CLOSES, IS THE BOARD REQUIRED TO TAKE POSSESSION OF THE SCHOOL'S STUDENT RECORDS?
2. IF THE BOARD TAKES POSSESSION OF THE STUDENT RECORDS OF A LICENSED PRIVATE VOCATIONAL SCHOOL WHEN IT CLOSES, IS THE BOARD REQUIRED TO FOLLOW THE PROVISIONS OF THE OPEN RECORDS ACT, 51 O.S. 24A.1 (1991) ET SEQ., THE RECORDS MANAGEMENT ACT, 67 O.S. 201 (1991) ET SEQ., AND THE ARCHIVES AND RECORDS COMMISSION ACT, 67 O.S. 305 (1991) ET SEQ., INSOFAR AS THESE RECORDS ARE CONCERNED?
BECAUSE THESE QUESTIONS CAN BE ANSWERED BY REFERENCE TO OKLAHOMA STATUTES, THIS OFFICE HAS DECIDED TO ANSWER YOUR REQUEST FOR AN OPINION THROUGH THIS INFORMAL LETTER. THEREFORE, THE DISCUSSION WHICH FOLLOWS IS NOT AN OFFICIAL OPINION OF THE ATTORNEY GENERAL BUT RATHER MY CONCLUSIONS WHICH HAVE BEEN REACHED AFTER CAREFUL RESEARCH AND ANALYSIS OF THE QUESTIONS YOU HAVE RAISED.
ACCORDING TO YOUR LETTER, THE BOARD, AS A SERVICE TO THE PUBLIC, HAS BEEN PICKING UP AND STORING STUDENT RECORDS FROM DEFUNCT PRIVATE VOCATIONAL SCHOOLS THAT ARE LICENSED BY THE BOARD. BY TAKING POSSESSION OF THE RECORDS, THE BOARD HAS BEEN ABLE TO FURNISH UNOFFICIAL TRANSCRIPTS UPON REQUEST TO FORMER STUDENTS OF THE CLOSED SCHOOLS. THE BOARD HAS ALSO BEEN ABLE TO USE THE RECORDS TO DETERMINE THE AMOUNT OF TUITION REFUNDS DUE TO THE FORMER STUDENTS OF THE CLOSED SCHOOLS.
YOUR FIRST QUESTION REGARDING WHETHER THE BOARD IS REQUIRED TO TAKE POSSESSION OF AND MAINTAIN THE STUDENT RECORDS OF A LICENSED PRIVATE VOCATIONAL SCHOOL WHEN IT CLOSES IS A QUESTION THAT CAN BE ANSWERED BY AN ANALYSIS OF THE BOARD'S CONTROLLING STATUTES, 70 O.S. 21-101 THROUGH 70 O.S. 21-112 (1991).
THE BOARD HAS THE POWER TO, AMONG OTHERS THINGS, FIX MINIMUM STANDARDS FOR PRIVATE SCHOOLS, INCLUDING:
"STANDARDS FOR COURSES OF INSTRUCTION AND TRAINING, QUALIFICATIONS OF INSTRUCTORS, FINANCIAL STABILITY, ADVERTISING PRACTICES, AND REFUND OF TUITION FEES PAID BY STUDENTS FOR COURSES OF INSTRUCTION OR TRAINING NOT COMPLETED, AND SHALL PROMULGATE AND ADOPT REASONABLE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF SUCH MINIMUM STANDARDS FOR THE OPERATION OF PRIVATE SCHOOLS." 70 O.S. 21-107 (1991). THE BOARD ALSO HAS THE AUTHORITY TO LICENSE PRIVATE VOCATIONAL SCHOOLS AND IMPOSE FINES UPON PRIVATE VOCATIONAL SCHOOLS TO ENFORCE THE PROVISIONS OF 70 O.S. 21-101 THROUGH 21-112. 70 O.S. 21-103(A) AND 70 O.S. 21-103(B).
GENERALLY, A STATE AGENCY LIKE THE BOARD HAS ONLY THE POWERS GRANTED BY THE STATUTES APPLICABLE TO IT AND THE AUTHORITY TO MAKE RULES TO CARRY OUT THOSE POWERS DOES NOT MEAN THAT AN AGENCY BY RULEMAKING CAN EXTEND ITS POWERS BEYOND THOSE GRANTED BY STATUTE. OKLAHOMA ALCOHOLIC BEVERAGE CONTROL BOARD V. MOSS, 509 P.2D 666, 668 (OKLA.1973). ACCORDING TO ITS CONTROLLING STATUTES, THE BOARD MUST FIX MINIMUM STANDARDS FOR THE OPERATION OF PRIVATE VOCATIONAL SCHOOLS AND ADOPT REASONABLE RULES IMPLEMENTING SUCH MINIMUM STANDARDS. 70