OWNED, NOT PUBLIC, (3) IT OFFERS TRAINING IN A BUSINESS, PROFESSIONAL, TRADE, TECHNICAL, OR INDUSTRIAL OCCUPATION, AND (4) IT CHARGES A FEE. YOU HAVE ADVISED IN YOUR SCENARIO THAT A NONPROFIT, UNINCORPORATED FOUNDATION WOULD CONDUCT A SEMINAR FOR A FEE. IN REGARD TO THE ELEMENTS ABOVE, SUCH A SEMINAR COULD BE CONSIDERED A SCHOOL. FURTHERMORE, THERE IS A FEE CHARGED, AND THE COMPANY IS PRIVATELY OWNED INASMUCH AS IT IS NOT A PUBLIC OR GOVERNMENT ENTITY. THERE IS NO EXEMPTION FROM LICENSURE FOR AN UNINCORPORATED, NON-PROFIT FOUNDATION. THE LAST ELEMENT, AS TO THE TYPE OF TRAINING, IS THUS THE KEY IN THIS SCENARIO. IF THE TYPE OF COURSEWORK OFFERED RELATES TO ANY BUSINESS, PROFESSION, TRADE, TECHNICAL, OR INDUSTRIAL OCCUPATION, OTHER THAN THOSE SCHOOLS EXEMPTED FROM THE ACT, SUCH A SCHOOL MUST LICENSE. THIS IS, HOWEVER, MOST OFTEN A QUESTION OF FACT THAT THIS OFFICE CANNOT RESOLVE.
IN YOUR SECOND QUESTION, WHERE THE EVENT IS A ONE-TIME EVENT LIMITED TO TWO DAYS, AND IF ALL OTHER ELEMENTS FOR LICENSURE ARE PRESENT, THERE IS NO EXEMPTION FROM LICENSURE FOR SUCH A SCHOOL BASED ON THE LENGTH OR FREQUENCY OF THE SEMINAR. HOWEVER, THE RULES OF THE BOARD PERMIT SUCH A SCHOOL, WHERE IT OTHERWISE FALLS UNDER THE DEFINITION OF A PRIVATE VOCATIONAL SCHOOL, TO BE LICENSED AS A SEMINAR. OKLAHOMA BOARD OF PRIVATE VOCATION SCHOOLS. MINIMUM STANDARD AND RULES REGULATIONS, SECTION XIII. THIS SECTION APPLIES TO SCHOOLS WHICH OFFER COURSES OF LESS THAN TWENTY (20) CONTACT HOURS OR MEETS FEWER THAN FOUR (4) TIMES ANNUALLY.
AS TO YOUR THIRD QUESTION, THE DETERMINATION OF A LICENSURE REQUIREMENT FOR A CLASS ON QUILTING OR PHOTOGRAPHY MUST BE IN ACCORDANCE WITH THE ELEMENTS SET FORTH ABOVE. SO LONG AS IT IS A SCHOOL, IS PRIVATELY OWNED, AND CHARGES A FEE, IT MUST BE DETERMINED IF THE NATURE OF THE CLASS RELATES TO A BUSINESS, PROFESSIONAL, TRADE, TECHNICAL, OR INDUSTRIAL OCCUPATION. IN EITHER THE QUILTING OR PHOTOGRAPHY QUESTION THIS IS A QUESTION OF FACT. IN EITHER CASE IT IS POSSIBLE FOR A PERSON TO SEEK TO FURTHER A "BUSINESS" GOAL. CLEARLY PHOTOGRAPHERS CAN EARN A LIVING. IT IS ALSO NOT UNKNOWN FOR PEOPLE TO SELL QUILTS FOR INCOME. THUS THE DETERMINATION CANNOT BE MADE WITHOUT ADDITIONAL FACTS.
YOUR FOURTH QUESTION RELATES TO A SEMINAR OFFERED BY A MEMBER OF CONGRESS. SINCE BUSINESS LOBBYING WOULD APPEAR TO INVOLVE A BUSINESS GOAL, SO LONG AS THE OTHER ELEMENTS ARE PRESENT, A CONGRESSMAN WOULD BE REQUIRED TO LICENSE IN ORDER TO CONDUCT SUCH A SEMINAR. THE ACT CONTAINS NO EXEMPTION FOR CONGRESSMEN OR LOBBYISTS SEMINARS.
FINALLY, IN INSTANCES WHERE THE BOARD DETERMINES THAT A SCHOOLS MUST LICENSE, 72 O.S. 21-110 OF THE ACT PROVIDES THAT DECISIONS OF THE BOARD MAY BE APPEALED TO THE DISTRICT COURT FOR REVIEW. THERE ARE ALSO PROVISIONS IN THE BOARD'S RULES FOR AN ADMINISTRATIVE HEARING BEFORE TO BOARD TO APPEAL DECISIONS OF THE BOARD.
(JAMES ROBERT JOHNSON)