reglab/housing_qa huggingface dataset:
75 OK Stat § 75-315 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-315. Furnishing of information, attendance of witnesses and production of books, records, etc. - Subpoenas.

|A. 1. The agency conducting any individual proceeding or investigation shall have power to require the furnishing of such information, the attendance of such witnesses, and the production of such books, records, papers or other objects as may be necessary and proper for the purposes of the proceeding or investigation. |2. The agency, or any party to a proceeding before it, may take the depositions of witnesses, within or without the state, in the same manner as is provided by law for the taking of depositions in civil actions in courts of record. Depositions so taken shall be admissible in any proceeding affected by this act. Provided, however, all or any part of the deposition may be objected to at time of hearing, and may be received in evidence or excluded from the evidence by the agency or individual conducting the hearing in accordance with the law with reference to evidence in this act or with reference to evidence in courts of record under the law of the State of Oklahoma.B. In furtherance of the powers granted by subsection A of this section, any agency, administrative head, hearing examiner or any other duly authorized member or employee thereof, upon its own motion may, and upon the request of any party appearing in an individual proceeding shall:1. Issue subpoenas for witnesses;2. Issue subpoenas duces tecum to compel the production of books, records, papers or other objects, which may be served by the marshal of the agency or by any person in any manner prescribed for the service of a subpoena in a civil action; or3. Quash a subpoena or subpoenas duces tecum so issued; provided, prior to quashing a subpoena or subpoenas duces tecum the agency shall give notice to all parties. A subpoena or subpoenas duces tecum may not be quashed if any party objects.C. 1. In case of disobedience to any subpoena issued and served under this section or to any lawful agency requirement for information, or of the refusal of any person to testify to any matter regarding which he or she may be interrogated lawfully in a proceeding before an agency, the agency may apply to the district or superior court of the county of such person's residence or to any judge thereof for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith the court or the judge shall cite the respondent to appear and shall hear the matter as expeditiously as possible.2. If the disobedience or refusal is found to be unlawful, the court, or the judge, shall enter an order requiring compliance. Disobedience of such an order shall be punished as contempt of court in the same manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings.Added by Laws 1963, c. 371, § 15. Amended by Laws 1992, c. 310, § 12, eff. July 1, 1992; Laws 2014, c. 279, § 1, emerg. eff. May 12, 2014.
75 OK Stat § 75-315.1 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-315.1. Public hearings - Fees.

|No agency shall charge a fee to any person wishing to submit evidence, views or arguments at any public hearing authorized by the Oklahoma Administrative Procedures Act concerning rules, regulations, licenses, permits, orders or any other proposed agency action. Nothing in this act shall be construed to prohibit the collection of any licensing or permit fees or other fees otherwise prescribed by statute. |Laws 1976, c. 60, § 1, emerg. eff. April 19, 1976.
75 OK Stat § 75-316 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-316. Disqualification of hearing examiner or agency member.

|A hearing examiner or agency member shall withdraw from any individual proceeding in which he cannot accord a fair and impartial hearing or consideration. Any party may request the disqualification of a hearing examiner or agency member, on the ground of his inability to give a fair and impartial hearing, by filing an affidavit, promptly upon discovery of the alleged disqualification, stating with particularity the grounds upon which it is claimed that a fair and impartial hearing cannot be accorded. The issue shall be determined promptly by the administrative head of the agency, or, if it affects a member or members of the agency, by the remaining members thereof, if a quorum. Upon the entry of an order of disqualification affecting a hearing examiner, the agency shall assign another in his stead or shall conduct the hearing itself. Upon the disqualification of a member of an agency, the agency shall proceed with the proceeding if a quorum remains. If a quorum no longer exists, by virtue of the member's disqualification, the Governor immediately shall appoint a member pro tempore to sit in place of the disqualified member in that proceeding. In further action, after the disqualification of a member of an agency, the provisions of Section 311 of this title shall apply. |Added by Laws 1963, c. 371, § 16. Amended by Laws 1997, c. 206, § 23, eff. Nov. 1, 1997; Laws 1998, c. 62, § 2, eff. Nov. 1, 1998.
75 OK Stat § 75-317 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-317. Rehearing, reopening or reconsideration of agency decision.

|A. A final agency order issued by an administrative head of an agency shall be subject to rehearing, reopening or reconsideration by such administrative head. Any application or request for such rehearing, reopening or reconsideration shall be made by any party aggrieved by the final agency order within ten (10) days from the date of the entry of such final agency order. The grounds for such action shall be either: |1. Newly discovered or newly available evidence, relevant to the issues;2. Need for additional evidence adequately to develop the facts essential to proper decision;3. Probable error committed by the agency in the proceeding or in its decision such as would be ground for reversal on judicial review of the final agency order;4. Need for further consideration of the issues and the evidence in the public interest; or5. A showing that issues not previously considered ought to be examined in order properly to dispose of the matter.B. The order of the agency granting rehearing, reconsideration or review, or the petition of a party therefor, shall set forth the grounds which justify such action.C. Nothing in this section shall prevent rehearing, reopening or reconsideration of a matter by any agency in accordance with other statutory provisions applicable to such agency, or, at any time, on the ground of fraud practiced by the prevailing party or of procurement of the order by perjured testimony or fictitious evidence.D. On reconsideration, reopening, or rehearing, the matter may be heard by the agency, or it may be referred to a hearing examiner. The hearing shall be confined to those grounds upon which the reconsideration, reopening or rehearing was ordered.E. If an application for rehearing shall be timely filed, the period within which judicial review, under the applicable statute, must be sought, shall run from the final disposition of such application.Laws 1963, c. 371, § 17; Laws 1992, c. 310, § 13, eff. July 1, 1992.
75 OK Stat § 75-318 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-318. Judicial review.

|A. 1. Any party aggrieved by a final agency order in an individual proceeding is entitled to certain, speedy, adequate and complete judicial review thereof pursuant to the provisions of this section and Sections 319, 320, 321, 322 and 323 of this title. |2. This section shall not prevent resort to other means of review, redress, relief or trial de novo, available because of constitutional provisions.3. Neither a motion for new trial nor an application for rehearing shall be prerequisite to secure judicial review.B. 1. The judicial review prescribed by this section for final agency orders, as to agencies whose final agency orders are made subject to review, under constitutional or statutory provisions, by appellate proceedings in the Supreme Court of Oklahoma, shall be afforded by such proceedings taken in accordance with the procedure and under the conditions otherwise provided by law, but subject to the applicable provisions of Sections 319 through 324 of this title, and the rules of the Supreme Court.2. In all other instances, proceedings for review shall be instituted by filing a petition, in the district court of the county in which the party seeking review resides or at the option of such party where the property interest affected is situated, naming as respondents only the agency, such other party or parties in the administrative proceeding as may be named by the petitioner or as otherwise may be allowed by law, within thirty (30) days after the appellant is notified of the final agency order as provided in Section 312 of this title.C. Copies of the petition shall be delivered in person or mailed, postage prepaid, to the agency and all other parties of record, and proof of such delivery or mailing shall be filed in the court within ten (10) days after the filing of the petition. Any party not named as a respondent in the petition is entitled to respond within ten (10) days of receipt of service. The court, in its discretion, may permit other interested persons to intervene.D. In any proceedings for review brought by a party aggrieved by a final agency order:1. The agency whose final agency order was made subject to review may be entitled to recover against such aggrieved party any court costs, witness fees and reasonable attorney fees if the court determines that the proceeding brought by the party is frivolous or was brought to delay the effect of said final agency order.2. The party aggrieved by the final agency order may be entitled to recover against such agency any court costs, witness fees, and reasonable attorney fees if the court determines that the proceeding brought by the agency is frivolous.Laws 1963, c. 371, § 18; Laws 1977, c. 114, § 2, eff. Oct. 1, 1977; Laws 1992, c. 310, § 14, eff. July 1, 1992; Laws 2011, c. 189, § 1, eff. Nov. 1, 2011.
75 OK Stat § 75-319 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-319. Staying enforcement of agency decision pending review.

|(1) The filing of a proceeding for review shall not stay enforcement of the agency decision; but the agency may do so, or the reviewing court may order a stay upon such terms as it deems proper, and shall do so whenever required by subsection (2) of this section. |(2) In every proceeding in any court for the review of an order of an agency, upon the filing of an application, supported by verified statements of material fact establishing that the enforcement of the order pending final decision would result in present, continuous and irreparable impairment of the constitutional rights of the applicant, a stay of the enforcement of such order and of the accrual of penalties thereunder shall be entered upon the condition that:(a) injury to adverse parties or to the public, as the case may be, can be obviated through the furnishing of security adequate to compensate for any loss which may be suffered as a result of the stay in the event the order is affirmed, in whole or in part;(b) a supersedeas bond, in the amount and with sureties prescribed and approved by the reviewing court, in its sound judicial discretion, as adequate to meet requirement (a), be filed with such court. If an application for supersedeas hereunder, accompanied by a proposal for a supersedeas bond, is not acted upon by the court within forty-five (45) days from the filing thereof, the order appealed from thereupon shall be automatically superseded and stayed, during the pendency of the appeal, upon the filing of the bond proposed in the application, provided, however, that the court thereafter may reasonably modify the terms of the supersedeas as to amount and surety whereupon the appellant shall comply with such modification in order to maintain the supersedeas in effect.Laws 1963, c. 371, § 19.
75 OK Stat § 75-320 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-320. Transmission of record to reviewing court - Stipulations.

|Within sixty (60) days after service of the petition for review or equivalent process upon it, or within such further time as the reviewing court, upon application for good cause shown, may allow, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. For purposes of this section, "record" shall include such information as specified by Section 309 of this title. By stipulation of all parties to the review proceeding, the record may be shortened. Any party unreasonably refusing to stipulate to limit the record may be taxed by the court for the additional costs resulting therefrom. The court may require or permit subsequent corrections or additions to the record when deemed desirable. |Laws 1963, c. 371, § 20; Laws 1992, c. 310, § 15, eff. July 1, 1992; Laws 2011, c. 189, § 2, eff. Nov. 1, 2011.
75 OK Stat § 75-321 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-321. Review without jury - Additional testimony.

|The review shall be conducted by the court without a jury and shall be confined to the record, except that in cases of alleged irregularities in procedure before the agency, not shown in the record, testimony thereon may be taken in the court. The court, upon request, shall hear oral argument and receive written briefs. |Laws 1963, c. 371, § 21.
75 OK Stat § 75-322 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-322. Setting aside, modifying or reversing of orders - Remand - Affirmance.

|(1) In any proceeding for the review of an agency order, proceeding for the review of an agency order, the Supreme Court or the district court, as the case may be, in the exercise of proper judicial discretion or authority, may set aside or modify the order, or reverse it and remand it to the agency for further proceedings, if it determines that the substantial rights of the appellant or petitioner for review have been prejudiced because the agency findings, inferences, conclusions or decisions, are: |(a) in violation of constitutional provisions; or(b) in excess of the statutory authority or jurisdiction of the agency; or(c) made upon unlawful procedure; or(d) affected by other error of law; or(e) clearly erroneous in view of the reliable, material, probative and substantial competent evidence, as defined in Section 10 of this act, including matters properly noticed by the agency upon examination and consideration of the entire record as submitted; but without otherwise substituting its judgment as to the weight of the evidence for that of the agency on question of fact; or(f) arbitrary or capricious; or(g) because findings of fact, upon issues essential to the decision were not made although requested.(2) The reviewing court, also in the exercise of proper judicial discretion or authority, may remand the case to the agency for the taking and consideration of further evidence, if it is deemed essential to a proper disposition of the issue.(3) The reviewing court shall affirm the order and decision of the agency, if it is found to be valid and the proceedings are free from prejudicial error to the appellant.Laws 1963, c. 371, § 22.
75 OK Stat § 75-323 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-323. Review of final judgment of a district or superior court by appeal to Supreme Court.

|An aggrieved party, or the agency, without any motion for a new trial, may secure a review of any final judgment of a district or superior court under this act by appeal to the Supreme Court. Such appeal shall be taken in the manner and time provided by law for appeal to the Supreme Court from the district court in civil actions. An agency taking an appeal shall not be required to give bond. |Laws 1963, c. 371, § 23.
75 OK Stat § 75-501 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-501. Short title.

|Sections 1 through 6 of this act shall be known and may be cited as the “Oklahoma Small Business Regulatory Flexibility Act”. |Added by Laws 2002, c. 495, § 1, eff. July 1, 2002.
75 OK Stat § 75-502 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-502. Definitions.

|As used in the Oklahoma Small Business Regulatory Flexibility Act: |1. "Agency" is defined as provided by paragraph 3 of Section 250.3 of this title, except that agencies established by Title 59 of the Oklahoma Statutes that license and regulate or discipline professions and occupations shall be exempt from the definition of agency in the Oklahoma Small Business Regulatory Flexibility Act;2. "Rule" is defined as provided by paragraph 17 of Section 250.3 of this title, provided that the definition shall not include emergency or preemptive rules; and3. "Small business" means a for-profit enterprise consisting of fifty or fewer full-time or part-time employees.Added by Laws 2002, c. 495, § 2, eff. July 1, 2002. Amended by Laws 2013, c. 227, § 51, eff. Nov. 1, 2013.
75 OK Stat § 75-504 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-504. Proposed permanent rules - Determination of impact on small business.

|A. Prior to submitting proposed permanent rules for adoption, amendment, revision or revocation pursuant to the Administrative Procedures Act, the agency shall comply with the provisions of paragraph 4 of subsection A of Section 303 of this title in order to determine whether the proposed rules adversely affect small business. |B. The Oklahoma Small Business Regulatory Flexibility Act shall not apply to proposed permanent rules by an agency to implement a statute or ordinance that does not require an agency to interpret or describe the requirements of the statute or ordinance, such as state legislative or federally mandated provisions which afford the agency no discretion to consider less restrictive alternatives.Added by Laws 2002, c. 495, § 4, eff. July 1, 2002. Amended by Laws 2003, c. 75, § 2, eff. July 1, 2003; Laws 2013, c. 227, § 52, eff. Nov. 1, 2013.
75 OK Stat § 75-505 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-505. Promulgated rules - Petition objecting to adverse effect on small business.

|A. For promulgated rules, any adversely affected small business may file a written petition with the agency that has promulgated the rules objecting to all or part of any rule adversely affecting small business on any of the following grounds: |1. The actual effect on small business was not reflected in, or significantly exceeded, the small business impact statement formulated by the agency pursuant to the provisions of paragraph 4 of subsection A and paragraph 6 of subsection B of Section 303 of this title prior to the adoption of the rules;2. These impacts were either not previously considered at the public hearing on the rules or there was no public hearing on the rules; or3. The technology, economic conditions, or other relevant factors justifying the purpose for the rules have changed or no longer exist.B. The agency shall promptly consider the petition and may seek advice and counsel regarding the petition. Within sixty (60) days after the submission of the petition, the agency shall determine whether the impact statement or the public hearing addressed the actual and significant impact on small business or if conditions justifying the rule have changed. If the agency determines that the petition merits the amendment, revision, or revocation of a rule, it may initiate proceedings in accordance with the applicable requirements of the Administrative Procedures Act.Added by Laws 2002, c. 495, § 5, eff. July 1, 2002. Amended by Laws 2013, c. 227, § 53, eff. Nov. 1, 2013.
75 OK Stat § 75-506 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-506. Waiver of administrative penalties or fines.

|A. Notwithstanding any other law of this state, any agency authorized to assess administrative penalties or administrative fines upon a business may waive or reduce any administrative penalty or administrative fine for a violation of any statute, ordinance, or rules by a small business under the following conditions: |1. The small business corrects the violation within thirty (30) days or less after receipt of a notice of violation or citation; or2. The violation was the result of an excusable misunderstanding of an agency’s interpretation of a rule.B. Subsection A of this section shall not apply when:1. A small business has been notified of the violation of a statute, ordinance, or rule by the agency pursuant to paragraph 1 of subsection A of this section and has been given a prior opportunity to correct the violation on a prior occasion;2. A small business fails to exercise good faith in complying with the statute, ordinance, or rule;3. A violation involves willful or criminal conduct;4. A violation results in serious health, safety, or environmental impact; or5. The penalty or fine is assessed pursuant to a federal law or regulation and for which no waiver or reduction is authorized by the federal law or regulation.C. An agency shall promulgate rules pursuant to the Administrative Procedures Act to implement the requirements of this section.Added by Laws 2002, c. 495, § 6, eff. July 1, 2002.
75 OK Stat § 75-507 (2021)
2021 Oklahoma Statutes|Title 75. Statutes and Reports|§75-507. Compliance with act - Mandated rules identical to federal rules and regulations.

|A. Except as is otherwise specifically provided in this subsection, each agency is required to comply with Sections 501 through 506 of Title 75 of the Oklahoma Statutes. |B. 1. The Commissioner of Public Safety shall be exempt from Sections 501 through 506 of Title 75 of the Oklahoma Statutes insofar as it is necessary to promulgate rules pursuant to the Oklahoma Motor Carrier Safety and Hazardous Materials Transportation Act, to maintain a current incorporation of federal motor carrier safety and hazardous material regulations, or pursuant to Chapter 6 of Title 47 of the Oklahoma Statutes, to maintain a current incorporation of federal commercial driver license regulations, for which the Commissioner has no discretion when the state is mandated to promulgate rules identical to federal rules and regulations.2. Such rules may be adopted by the Commissioner and shall be deemed promulgated twenty (20) days after notice of adoption is published in "The Oklahoma Register". Such publication need not set forth the full text of the rule but may incorporate the federal rules and regulations by reference.3. Such copies of promulgated rules shall be filed with the Secretary as required by Section 251 of Title 75 of the Oklahoma Statutes.4. For any rules for which the Commissioner has discretion to allow variances, tolerances or modifications from the federal rules and regulations, the Commissioner shall fully comply with Sections 501 through 506 of Title 75 of the Oklahoma Statutes.Added by Laws 2003, c. 279, § 14, emerg. eff. May 26, 2003.
76 OK Stat § 76-1 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-1. Rights of others must be respected.

|Every person is bound, without contract, to abstain from injuring the person or property of another, or infringing upon any of his rights. |R.L. 1910, § 992.
76 OK Stat § 76-1.1 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-1.1. Parent or child not answerable for other's act.

|Neither parent or child is answerable, as such, for the act of the other, except as otherwise specifically provided by law. |R.L.1910, § 4383. Amended by Laws 2000, c. 382, § 10, eff. July 1, 2000. Renumbered from § 20 of Title 10 by Laws 2009, c. 233, § 203, emerg. eff. May 21, 2009.
76 OK Stat § 76-2 (2021)
2021 Oklahoma Statutes|Title 76. Torts|§76-2. Damages for deceit.

|One who willfully deceives another, with intent to induce him to alter his position to his injury or risk, is liable for any damage which he thereby suffers. |R.L. 1910, § 993.