reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 1. Abstracting › §1-23. Oklahoma Abstractors Board meetings - Officers, duties and 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.
Added by Laws 2007, c. 359, § 4, eff. July 1, 2007.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-24. Administration of Abstractors Act - Hearing examiners.

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 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.
Added by Laws 1984, c. 163, § 3, eff. Nov. 1, 1984. Amended by Laws 2007, c. 359, § 5, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.12 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-26. Oklahoma Abstractors Board Revolving Fund.

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.
Added by Laws 2007, c. 359, § 7, eff. July 1, 2007. Amended by Laws 2012, c. 304, § 1.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-27. Application for certificate of authority - Fee - Bond - 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
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.
Added by Laws 1984, c. 163, § 5, eff. Nov. 1, 1984. Amended by Laws 1988, c. 56, § 1, eff. Nov. 1, 1988; Laws 2007, c. 359, § 9, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.14 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-28. Independent set of abstract books or other system of indexes 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.
Added by Laws 1984, c. 163, § 6, eff. Nov. 1, 1984. Amended by Laws 2007, c. 359, § 10, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.15 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008. Amended by Laws 2008, c. 97, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-29. Persons, firms, corporations or other entities not engaged 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.
Added by Laws 1984, c. 163, § 8, eff. Nov 1, 1984. Amended by Laws 2007, c. 359, § 11, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.17 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-30. Certificate of authority - Issuance - Renewal - List of 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.
Added by Laws 1984, c. 163, § 9, eff. Nov. 1, 1984. Amended by Laws 2006, c. 269, § 4, eff. July 1, 2007; Laws 2007, c. 359, § 12, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.18 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-31. Current abstract plant required.

Beginning November 1, 1984, all individuals, firms, corporations, or other entities engaging in the business of 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.
Added by Laws 1984, c. 163, § 10, eff. Nov. 1, 1984. Renumbered from Title 74, § 227.19 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-32. Abstracts and other documents to be provided without delay - 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:
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.
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 of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00) 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.
Added by Laws 1984, c. 163, § 11, eff. Nov. 1, 1984. Amended by Laws 2006, c. 269, § 5, eff. July 1, 2007; Laws 2007, c. 359, § 13, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.20 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-33. Repeated violations - Temporary certificate of authority to 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;
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.
Added by Laws 2006, c. 269, § 6, eff. July 1, 2007. Amended by Laws 2007, c. 359, § 14, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.20A by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-34. Development of abstract plant - Permit.

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.
Added by Laws 1984, c. 163, § 12, eff. Nov. 1, 1984. Amended by Laws 2006, c. 269, § 7, eff. July 1, 2007; Laws 2007, c. 359, § 15, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.21 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-35. Censure, suspension, revocation, continuance, renewal or 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;
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 Title 1 of the Oklahoma Statutes.
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 of not less than One Hundred Dollars ($100.00) 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.
Added by Laws 1984, c. 163, § 13, eff. Nov. 1, 1984. Amended by Laws 2006, c. 269, § 8, eff. July 1, 2007; Laws 2007, c. 359, § 16, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.22 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-37. Certain employees required to hold abstract license - 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.
Added by Laws 1984, c. 163, § 15, eff. Nov. 1, 1984. Renumbered from Title 74, § 227.24 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-38. Qualifications for issuance of license - Term of license - 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.
Added by Laws 1984, c. 163, § 16, eff. Nov. 1, 1984. Amended by Laws 2006, c. 269, § 9, eff. July 1, 2007; Laws 2007, c. 359, § 18, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.25 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008; Laws 2021, c. 456, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-39. Supervision of licensees.

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.
Added by Laws 1984, c. 163, § 17, eff. Nov. 1, 1984. Amended by Laws 2007, c. 359, § 19, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.26 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-40. Censure, revocation or suspension of abstract license.

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.
Added by Laws 1984, c. 163, § 18, eff. Nov. 1, 1984. Amended by Laws 2007, c. 359, § 20, eff. Jan. 1, 2008. Renumbered from Title 74, § 227.27 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-42. Limitation of actions.

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.
Added by Laws 1984, c. 163, § 20, eff. Nov. 1, 1984. Renumbered from Title 74, § 227.29 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008.
2023 Oklahoma Statutes › Title 1. Abstracting › §1-43. Real property purchaser – Retention of abstract.

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 the abstract, 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 without unnecessary delay. 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 of not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1,000.00) 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
3. Any administrative penalties and fines enforced by the Oklahoma Abstractors Board.
Added by Laws 2002, c. 36, § 1, eff. Nov. 1, 2002. Renumbered from § 227.30 of Title 74 by Laws 2007, c. 359, § 22, eff. Jan. 1, 2008. Amended by Laws 2017, c. 148, § 1, eff. Nov. 1, 2017; Laws 2021, c. 251, § 2, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-1-2. State Department of Agriculture - Establishment - Composition.

The State Department of Agriculture shall consist of the State Board of Agriculture, the divisions, and other positions and offices as established by law and by the Board.
Added by Laws 1955, p. 1, art. 1, § 1, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, § 1, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-2. Compensation - Meetings.

Members of the State Board of Agriculture shall receive actual expenses of travel pursuant to the State Travel Reimbursement Act. The Board shall meet a minimum of eight (8) times per year in regular session but not more than six (6) days in any calendar month. Special meetings of the Board may be held at the time and place as set by the President or at the time and place petitioned for by three members of the Board.
Added by Laws 1955, p. 2, art. 2, § 2, emerg. eff. June 3, 1955. Amended by Laws 1977, c. 241, § 1; Laws 1985, c. 178, § 1, operative July 1, 1985; Laws 2000, c. 243, § 4, emerg. eff. May 24, 2000; Laws 2012, c. 7, § 1, emerg. eff. April 2, 2012.
NOTE: Laws 2012, c. 133, § 1 repealed by Laws 2013, c. 15, § 1, emerg. eff. April 8, 2013.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-3. Officers.

A. The at-large member appointed by the Governor, pursuant to Section 2-1 of this title, shall be the President of the State Board of Agriculture and shall serve at the pleasure of the Governor.
B. The President shall be the executive officer of the Board and, in the absence of the Board, shall, subject to approval of the Board, perform all of the duties imposed by law.
C. The Board shall elect a Secretary who shall not be a member of the Board. The Board shall fix the duties of the person appointed.
Added by Laws 1955, p. 2, art. 2, § 3, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, § 5, emerg. eff. May 24, 2000; Laws 2003, c. 242, § 9, emerg. eff. May 23, 2003.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-4b. Reciprocal agreements.

A. The Commissioner of the State Department of Agriculture may enter into reciprocal agreements with:
1. A state agriculture agency or corresponding agency of another state, or with the person, board, officer, or commission authorized to act on behalf of that department or agency having jurisdiction affecting the importation, health, inspection, investigation, control, prevention, and eradication of contagious and infectious diseases of livestock; and
2. Another state or with the person, board, officer, or commission authorized to act on behalf of the other state relating to theft of livestock and to farming equipment and farm implements.
B. The Commissioner of the State Department of Agriculture shall, upon the written request of a state agriculture agency or other corresponding agency of any other state or of any person, board, officer, or commission of the state authorized to act for and on behalf of such department or corresponding agency, maintain actions in the courts of this state upon judgments and demands arising in the other state in the same manner and to the same extent that the actions by the Commissioner are authorized when arising in this state; provided, however, that the actions may be commenced and maintained only in those cases where the other state by appropriate legislation or by reciprocal agreement extends a like policy or approach to cases arising in the state.
Added by Laws 2001, c. 430, § 1, eff. Nov. 1, 2001.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-4c. Livestock policy implementation – Restriction on local orders, ordinances, and regulations.

A. Except as may otherwise be provided by law, the Oklahoma Department of Agriculture, Food, and Forestry shall be the state entity empowered to implement the policy of the state regarding the care and handling of livestock in this state.
B. No municipality, county, or other political subdivision of this state shall enact or enforce any order, ordinance, or regulation concerning the care and handling of livestock within its jurisdiction that is more restrictive than rules promulgated by the Oklahoma Department of Agriculture, Food, and Forestry concerning the care and handling of livestock or Section 1685 of Title 21 of the Oklahoma Statutes. Ordinances or regulations by municipalities pertaining to land use or to human health or safety shall not be considered to constitute livestock care and handling.
C. Except as otherwise provided by law as of the effective date of this act, standards for erection, installation, and use of structures and equipment used for care and handling of livestock, poultry facilities, and planting of agricultural crops, except medical marijuana, shall only be subject to regulation by the Oklahoma Department of Agriculture, Food, and Forestry. This subsection shall only apply to all entities who purport to regulate the erection, installation, and use of structures and equipment for care and handling of livestock, poultry, and planting of agricultural crops, except medical marijuana, in unincorporated areas.
Added by Laws 2009, c. 180, § 1, emerg. eff. May 12, 2009. Amended by Laws 2022, c. 284, § 1, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-4d. Temporary employees.

A. For the purposes of the State Board of Agriculture, seasonal employees employed by the Oklahoma Department of Agriculture, Food, and Forestry who work less than nine hundred ninety-nine (999) hours in a twelve-month period shall be considered temporary employees and shall be unclassified. The Department may employ seasonal employees throughout the calendar year.
B. The Department, in its annual budget request, shall include a summary of the use of project labor, which shall include the number of workers employed under the provisions of this section and the total wages paid to these employees.
Added by Laws 2015, c. 391, § 1, emerg. eff. June 4, 2015.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-4e. Confidentiality of electronic mail addresses.

The Oklahoma Department of Agriculture, Food, and Forestry shall keep confidential the electronic mail addresses provided to the Department through any online licensing program or similar electronic licensing system. The electronic mail addresses shall not be releasable pursuant to the Open Records Act absent an order by a court of competent jurisdiction.
Added by Laws 2016, c. 106, § 1, eff. Nov. 1, 2016.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-5. Official agency.

Except for matters which have been expressly delegated to another state agency, the State Board of Agriculture shall be the official agency of the State of Oklahoma in the relations of this state with the United States Department of Agriculture, any other federal agency, or any agency or person of this or another state on matters pertaining to sampling, inspection, and grading of agricultural products, and other regulatory matters in the field of agriculture.
Added by Laws 1955, p. 3, art. 2, § 5. Amended by Laws 1993, c. 145, § 247, eff. July 1, 1993; Laws 2000, c. 243, § 7, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-6. Advisory or consulting committees - Appointment.

The State Board of Agriculture shall have authority to appoint advisory or consulting committees from the residents of the state who are interested in the various phases of agriculture, either in conservation, production, processing, regulation, or sale of agricultural products.
Added by Laws 1955, p. 3, art. 2, § 6. Amended by Laws 2000, c. 243, § 8, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-7. Records and files as evidence – Enforcement of penalties and fines.

A. The records, files, and books of the State Board of Agriculture shall be receivable as evidence. The rules and orders of the Board, when published, shall be public notice and shall have the force and effect of law and be judicially noticed and considered. When orders of the Board consist of local rules or orders of quarantine, the order may be provable in the same manner as a return of service.
B. Administrative penalties, civil penalties, and other fines imposed pursuant to the provisions of the Oklahoma Agricultural Code shall be enforced in the same manner in which civil judgments may be enforced. For purposes of enforcement final orders shall be recorded in the office of the clerk of the district court of Oklahoma County and, upon such recording and application therefor, all appropriate writs and process shall be issued and shall be enforced by the court.
Added by Laws 1955, p. 3, art. 2, § 7, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, § 9, emerg. eff. May 24, 2000; Laws 2004, c. 60, §1, emerg. eff. April 6, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-8. Certified copies as evidence.

Duly-certified copies of any book, record, file, or proceeding, or any part, shall be competent as a matter of evidence in court when certified as a copy by the officer in charge of the book, file, record proceeding or part thereof or by the President or Secretary of the State Board of Agriculture.
Added by Laws 1955, p. 4, art. 2, § 8. Amended by Laws 2000, c. 243, § 10, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-9. Cooperative contracts and agreements - Grading, sampling or inspection - Fees.

The State Board of Agriculture may enter into cooperative contracts and agreements with the United States Department of Agriculture, or any other federal or state agency, person, or firm providing for the grading, sampling, or inspection of processed or unprocessed foods, livestock, poultry, seeds, fruits, vegetables, or other agricultural commodities and products. The Board shall promulgate a schedule of fees to be charged and collected under the provisions of this section from the person or agency for whom the grading, sampling, or inspection service is rendered. The schedule of fees shall be filed in the office of the Secretary of State in accordance with the Administrative Procedures Act and be open to the public, and any subsequent change in the fees shall not be operative until the change has been filed in the office of the Secretary of State pursuant to the Administrative Procedures Act.
Added by Laws 1955, p. 4, art. 2, § 9. Amended by Laws 2000, c. 243, § 11, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-10. Department of Agriculture Revolving Fund - Disbursements - Claims.

A. There is hereby created in the State Treasury a fund to be known as the State Department of Agriculture Revolving Fund. All monies, fees, and revenues collected, authorized, or received from any source by the State Board of Agriculture or any division, officer, or employee of the State Department of Agriculture pursuant to the provisions of the Oklahoma Agricultural Code or any law or agreement shall be deposited in the fund.
B. The fund shall be a continuing fund and shall be expended only for purposes specifically authorized and approved by a majority vote of the five (5) members appointed to and constituting the Board. The President, in the absence of the Board, may approve disbursements for lawfully authorized purposes. Expenditures from the fund shall be made only for defraying the costs and expenses of providing inspection, sampling, grading, and other services authorized by the Board for which fees or other monies have been paid into the fund and for which other monies are not available for the payment of services.
C. The Board shall have authority to employ and pay out of the fund inspectors, graders, or other personnel as needed or required to conduct authorized services.
D. All claims against the fund shall be paid only upon the majority approval of the Board, or the President in the absence of the Board.
Added by Laws 1955, p. 4, art. 2, § 10. Amended by Laws 1965, c. 380, § 1, emerg. eff. June 29, 1965; Laws 1977, c. 251, § 7, emerg. eff. July 15, 1977; Laws 2000, c. 243, § 12, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-12. Unpaid checks - Uncollectable debts.

A. For accounting purposes only, when any check has been received by the State Board of Agriculture, or the State Department of Agriculture, Food, and Forestry, and has remained unpaid for a period of more than five (5) years, and the Board determines that the check cannot be collected, the amount of the check shall not be included or carried as an asset of the Board or any of its funds.
B. If all appropriate collection remedies have been exhausted in the collection of any debt owed to the Department, the debt shall be considered uncollectable. A list of all uncollectable debts and persons who owed the debts, shall be reported to the Oklahoma Legislature, the Office of Management and Enterprise Services, and the Oklahoma Tax Commission no later than May 1 of each calendar year.
Added by Laws 1955, p. 4, art. 2, § 12, emerg. eff. June 3, 1955. Amended by Laws 2000, c. 243, § 16, emerg. eff. May 24, 2000; Laws 2010, c. 91, § 1, eff. Nov. 1, 2010; Laws 2012, c. 304, § 2.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-14. Authority to enter - Proper actions - Warrants.

A. The State Board of Agriculture or its authorized agents shall have the authority to enter any premises or mode of transportation during reasonable hours for the purpose of implementing the Oklahoma Agricultural Code or rules promulgated pursuant thereto.
B. The Board or its authorized agents shall have the authority to carry out all necessary and proper actions to determine compliance with the Oklahoma Agricultural Code including, but not limited to, conducting investigations, opening any bundle, package, or container of agricultural products, examining and making photocopies of records or documents, examining devices, and collecting and submitting samples for analysis.
C. If any person refuses, denies or interferes with any right of access, the Board shall have the right to apply to and obtain from a district court an administrative or other warrant as necessary to enforce the right of access and inspection.
Added by Laws 1965, c. 236, § 2, emerg. eff. June 17, 1965. Amended by Laws 2000, c. 243, § 17, emerg. eff. May 24, 2000.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-16. Duties of district attorney or Attorney General.

A. When requested by the State Board of Agriculture it shall be the duty of a district attorney or the Attorney General to institute appropriate proceedings in the proper courts in a timely manner and to prosecute in the manner provided by law when violations of the following occur:
1. The Oklahoma Agricultural Code;
2. Any rule promulgated pursuant to the Oklahoma Agricultural Code; or
3. Any order, license, charter, registration, or permit issued pursuant to the Oklahoma Agricultural Code.
B. Any action to redress or restrain a violation of the Oklahoma Agricultural Code, any promulgated rule or any order, license, charter, registration, or permit issued pursuant to the Oklahoma Agricultural Code or to recover any administrative or civil penalty or other fine assessed pursuant to the Oklahoma Agricultural Code, may be brought by:
1. The district attorney of the appropriate district court of the State of Oklahoma;
2. The Attorney General on behalf of the State of Oklahoma; or
3. The Oklahoma Department of Agriculture, Food, and Forestry on behalf of the State of Oklahoma.
C. The court shall have jurisdiction to determine the action, and to grant the necessary or appropriate relief, including but not limited to mandatory or prohibitive injunctive relief, interim equitable relief, and punitive damages.
D. When requested by an authorized agent of the Board, it shall be the duty of every peace officer to assist in the detection and apprehension of all persons in violation of the Oklahoma Agricultural Code. Failure to perform this duty shall be cause for removal from office.
Added by Laws 1965, c. 236, § 4, emerg. eff. June 17, 1965. Amended by Laws 2000, c. 243, § 18, emerg. eff. May 24, 2000; Laws 2004, c. 60, § 2, emerg. eff. April 6, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-16.1. Livestock Offender Registry.

A. The Oklahoma Department of Agriculture, Food, and Forestry is authorized to create and maintain the Livestock Offender Registry. Access to the registry shall be provided to the public on the Department's website.
B. The Livestock Offender Registry shall contain all persons convicted of violating Section 1716 of Title 21 of the Oklahoma Statutes.
C. The Department may promulgate rules to implement the provisions of this section.
D. The Department is authorized to contract with a statewide livestock organization, as defined in Section 4-2 of Title 2 of the Oklahoma Statutes, to create and maintain the Livestock Offender Registry.
Added by Laws 2021, c. 141, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-17.1. False statements, etc. to Department – Rendering inaccurate any monitoring or measuring device – Penalties.

In addition to other penalties as may be imposed by law, it is a violation of the Oklahoma Agricultural Code for any person to knowingly make or provide any false statement, representation, or certification to the Oklahoma Department of Agriculture, Food, and Forestry or to knowingly render inaccurate any monitoring or measuring device or information thereof.
Added by Laws 2004, c. 60, § 3, emerg. eff. April 6, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-18. Notice - Hearings - Penalties.

A. After notice and opportunity for a hearing in accordance with the Administrative Procedures Act, if the State Board of Agriculture finds any person in violation of the Oklahoma Agricultural Code or any rule promulgated or order issued pursuant thereto, the Board shall have the authority to assess an administrative penalty of not less than One Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) for each violation. Each animal, each action, or each day a violation continues may constitute a separate and distinct violation.
B. The Board may appoint administrative law judges to conduct the hearings. Hearings shall be held at a location within the region in which the alleged violator resides or the violation occurred, or the central offices of the State Board of Agriculture in Oklahoma City, Oklahoma.
C. Any person who fails to comply with the provisions of the Oklahoma Agricultural Code or rules promulgated by the Board shall be deemed guilty of a misdemeanor unless a violation of the Oklahoma Agricultural Code or rules promulgated thereto is specifically identified with a penalty or as a felony in the individual articles of the Oklahoma Agricultural Code.
D. Nothing in the Oklahoma Agricultural Code shall preclude the Board from seeking penalties in district court in the maximum amount allowed by law. The assessment of penalties in an administrative enforcement proceeding shall not prevent the subsequent assessment by a court of the maximum civil or criminal penalties for violations of the Oklahoma Agricultural Code and rules promulgated pursuant thereto.
E. Any person assessed an administrative or civil penalty may be required to pay, in addition to the penalty amount and interest thereon, attorney fees and costs associated with the collection of the penalties.
Added by Laws 1965, c. 236, § 6, emerg. eff. June 17, 1965. Amended by Laws 2000, c. 243, § 19, emerg. eff. May 24, 2000; Laws 2004, c. 60, § 4, emerg. eff. April 6, 2004.
2023 Oklahoma Statutes › Title 2. Agriculture › §2-2-18.1. Pollution of air, land, or waters - Order to cease - Administrative penalty.

A. It shall be unlawful and a violation of the Oklahoma Agricultural Code for any person to cause pollution of any air, land or waters of the state by persons which are subject to the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Oklahoma Environmental Quality Act.
B. If the State Board of Agriculture finds that any of the air, land, or waters of the state which are subject to the jurisdiction of the Oklahoma Department of Agriculture, Food, and Forestry pursuant to the Oklahoma Environmental Quality Act have been or are being polluted, the Board shall make an order requiring that the pollution cease within a time period determined by the Department, or require a manner of treatment or of disposition of the waste or other polluting material as may in the judgment of the Board be necessary to prevent further pollution. In addition, the Board may assess an administrative penalty pursuant to Section 2-18 of this title. The person to whom the order is directed shall fully comply with the order of the Board and pay any fine and costs assessed.
C. 1. Manure shall not be defined as or be considered a hazardous substance or hazardous waste as those terms are defined by state law.
2. For purposes of this subsection, “manure” means any feces, urine, urea, or other excrement from livestock and shall also only include:
a.
associated nonhazardous bedding, compost, raw materials, or other nonhazardous materials commingled with the excrement,
b.
nonhazardous process water associated with the excrement or materials, or
c.
nonhazardous byproducts, constituents, or substances contained in or originating from the excrement, materials, or process water.
3. This subsection shall not be construed to affect or limit the applicability of any other provision of the Oklahoma Agricultural Code.
Added by Laws 2004, c. 60, § 5, emerg. eff. April 6, 2004. Amended by Laws 2007, c. 36, § 1, eff. Nov. 1, 2007.