reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-311.2. Civil Service Director of the Office of Management and Enterprise Services – Delegation of authority to agency administrative law judge.

A. The Civil Service Director of the Office of Management and Enterprise Services may delegate the authority to issue a final agency order adverse to a party to an agency administrative law judge if:
1. The administrative law judge has a general knowledge of the Civil Service and Human Capital Modernization Act and rules promulgated thereto;
2. The administrative law judge:
a.
is currently licensed to practice law by the Supreme Court of this state,
b.
has a working knowledge of the Administrative Procedures Act and administrative rules of the Office of Management and Enterprise Services,
c.
is not an owner, stockholder, employee, or officer of, nor has any other business relationship with, any corporation, partnership, or other business or entity that is subject to regulation by the Office of Management and Enterprise Services,
d.
is separate and apart from the legal division or office of general counsel of the Office of Management and Enterprise Services,
e.
is not responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for the Office of Management and Enterprise Services, and
f.
has not been engaged in the performance of investigative or prosecuting functions for the Office of Management and Enterprise Services regarding the party receiving the final agency order; and
3. The Civil Service Director in delegating the authority to issue final agency orders adverse to a party pursuant to this section specifically designates by written agency policy and procedure the type or category of final agency order which may be issued by the administrative law judge.
B. The provisions of this section shall not be construed to authorize or allow restraints on the authority of the Civil Service Director to adopt, reject, review, modify, or correct the findings of fact and conclusions of law or any proposed order issued by the administrative law judge.
C. When the administrative law judge issues a final agency order, that order becomes the final order of the Office of Management and Enterprise Services, Civil Service Division without further proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of Title 75 of the Oklahoma Statutes or a filing for judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
Added by Laws 2022, c. 243, § 26, emerg. eff. May 11, 2022.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-312. Final agency orders - Contents - Notification.

A. A final agency order adverse to a party shall:
1. Be in writing; and
2. Include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, in accordance with agency rules, a party submitted proposed findings of fact, the final agency order shall include a ruling upon each proposed finding.
B. Parties shall be notified either personally or by certified mail, return receipt requested, of any final agency order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record.
Laws 1963, c. 371, § 12; Laws 1992, c. 310, § 10, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-313. Agency members not to communicate.

Unless required for the disposition of ex parte matters authorized by law, members or employees of an agency assigned to render a decision or to make findings of fact and conclusions of law in an individual proceeding shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party, nor, in connection with any issue of law, with any party or his representative, except upon notice and opportunity for all parties to participate. An agency member (1) may communicate with other members of the agency, and (2) may have the aid and advice of one or more personal assistants.
Laws 1963, c. 371, § 13.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-314. Issuance or denial of new license - Revocation, suspension, annulment, withdrawal or nonrenewal of existing license.

A. Except as otherwise specifically provided by law, the issuance or denial of a new license shall not require an individual proceeding.
B. Except as otherwise prohibited by law, if a licensee has made timely and sufficient application for renewal of a license or a new license with reference to any transfer of an activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency. In case the application for renewal or for a new license with reference to any transfer of an activity of a continuing nature is denied or the terms of the new license limited, the existing license does not expire until the last day for seeking review of the final agency order or a later date fixed by order of the reviewing court.
C. 1. Unless otherwise provided by law, an existing license shall not be revoked, suspended, annulled, withdrawn or nonrenewed unless, prior to the institution of such final agency order, the agency gave notice by mail to the licensee of facts or conduct which warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention or renewal of the license.
2. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.
Laws 1963, c. 371, § 14; Laws 1992, c. 310, § 11, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 75. Statutes and Reports › §75-314.1. Implementation of emergency action pending final outcome of proceedings.

As authorized by or pursuant to law, if an agency finds that the public health, safety, or welfare imperatively requires emergency action, has promulgated administrative rules which provide for such action and incorporates a finding regarding the emergency in its order, emergency actions may be ordered pending the final outcome of proceedings instituted pursuant to this article.
Added by Laws 1994, c. 384, § 10, eff. July 1, 1994.
2023 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; or
3. 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.
2023 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.
2023 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.
2023 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; or
5. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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; and
3. "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.
2023 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.
2023 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; or
3. 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.
2023 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; or
2. 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; or
5. 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.
2023 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.
2023 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.
2023 Oklahoma Statutes › Title 76. Torts › §76-3. Deceits defined and classed.

A deceit, within the meaning of the last section is either:
1. The suggestion, as a fact, of that which is not true by one who does not believe it to be true.
2. The assertion, as a fact, of that which is not true, by one who has no reasonable ground for believing it to be true.
3. The suppression of a fact by one who is bound to disclose it, or who gives information of other facts which are likely to mislead for want of communication of that fact; or,
4. A promise, made without any intention of performing.
R.L. 1910, § 994.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.1. Indemnification of private citizens or their dependents for consequences of meritorious action.

A. The state may indemnify private citizens, or any persons dependent upon such citizens for their principal support for any injury, death or damage sustained by such citizens or any persons dependent upon such citizens for their principal support as a direct consequence of meritorious action, as provided in the Good Samaritan Act, to the extent that they are not compensated for the injury, death or damage from any other source.
B. As used in this act, private citizen means any natural person other than a peace officer, fire fighter, lifeguard or person whose employment includes the duty to protect the public safety acting within the course and scope of such employment.
Added by Laws 1980, c. 344, § 1, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.2. Filing of claim.

Should a private citizen incur personal injury, death or damage to property, as provided in the Good Samaritan Act, the private citizen or a person dependent upon such citizen for principal support may file a claim in the office of the Governor for indemnification to the extent that the claimant is not compensated from any other source for such injury, death or damage. The claim shall state:
l. The date, place and circumstances which gave rise to the claim;
2. A general description of the activities of the private citizen during the event;
3. The estimated extent of the injury, death or damage sustained for which the claimant is not compensated from any other source; and
4. Such other information as the office of the Governor may require.
The claim shall be accompanied by a corroborating statement.
Added by Laws 1980, c. 344, § 2, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.3. Hearing - Board and composition - Application of Administrative Procedures Act - Approval of claim.

A. Upon presentation of any claim, a hearing shall be had before a board composed of two (2) members of the Governor's staff, as the Governor shall designate, one (1) member of the Attorney General's staff, as the Attorney General shall designate, and two (2) members of the Legislature, one of whom shall be appointed by the Speaker of the House of Representatives and one of whom shall be appointed by the President Pro Tempore of the Senate.
B. The terms and provisions of the Administrative Procedures Act shall apply to all proceedings before the board. If the board determines, on the basis of a preponderance of such evidence, that the state should indemnify the claimant for the injury, death or damage sustained, it shall approve the claim for payment. In no event shall a claim be approved by the board in excess of Five Thousand Dollars ($5,000.00).
C. Claims approved under this act shall be paid from the Good Samaritan Fund.
Added by Laws 1980, c. 344, § 3, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.4. Good Samaritan Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the purpose of paying claims approved under this act to be designated the Good Samaritan Revolving Fund. The fund shall be administered in accordance with standard revolving fund procedures.
Added by Laws 1980, c. 344, § 4, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.5. Limitation of actions.

Any claim filed herein shall be filed within two (2) years of the date of injury, death or damage to property, or, if applicable, within one (1) year of the date of a final adjudication on any legal action taken by the claimant against any person responsible for the injury, death or damage to property, or be barred by limitations from recovery.
Added by Laws 1980, c. 344, § 5, eff. Oct. 1, 1980.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.6. Food donations - Civil and criminal liability – Options for safe food donation - Regulation of use - Definitions.

A. Any donor who makes a good-faith donation of food which is at the time of donation fit for human consumption to a charitable organization or nonprofit corporation shall not be liable for damages in any civil suit or subject to criminal prosecution for any injury resulting from the nature, age, condition or packaging of the donated food, unless the injury or death is a direct result of the gross negligence, recklessness or intentional misconduct of the donor.
B. Information shall be posted with the State Department of Health on its website under the existing heading "Protective Health" within a new section labeled "Options for Safe Food Donation" with hyperlinks to Section 5.6 of Title 76 of the Oklahoma Statutes, Oklahoma Administration Code Title 310: Chapter 257, 42 U.S.C., Section 1791, and to the website of Oklahoma State University's Robert S. Kerr Food and Agriculture Products Center.
C. This section shall apply to all good-faith donations of perishable or nonperishable food which is not readily marketable due to appearance, freshness, grade or other conditions.
D. This section shall not restrict the authority of any appropriate agency to regulate or ban the use of such food for human consumption.
E. For purposes of this section:
1. "Donor" means any person, profit or nonprofit food distributor, or person who harvests perishable foods who makes a good-faith donation of food;
2. "Good-faith donation" means a gift conferred without condition or consideration;
3. "Charitable organization" means any benevolent, philanthropic, patriotic, eleemosynary, educational, social, civic, recreational or religious group or association or any other person performing or purporting to perform acts beneficial to the public;
4. "Nonprofit corporation" means a corporation formed for a purpose not involving pecuniary gain to its shareholders or members, paying no dividends or other pecuniary remuneration, directly or indirectly, to its shareholders or members as such, and having no capital stock; and
5. "Food" includes any packaged, prepared, perishable or nonperishable food item.
Added by Laws 1981, c. 9, § 1, eff. April 6, 1981. Amended by Laws 2013, c. 339, § 3, emerg. eff. May 29, 2013.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.7. Accident or disaster involving hazardous materials - Immunity from civil liability.

A. Any person who, in good faith and without prior compensation, renders emergency care, assistance, or advice at the scene of an accident or existing or impending disaster involving the use, handling, transportation, transmission, or storage of hazardous materials shall not be liable for damages resulting from the conduct of said person in rendering said care, assistance, or advice unless said damage was caused by the gross negligence of said person. The provisions of this section shall not affect the potential liability that any person may have which arises from the manufacture, generation, transportation, storage, or handling of any hazardous materials, or of any person who is engaged professionally and commercially in rendering said emergency care, assistance or advice.
B. The immunity from civil liability provided for by the provisions of this section shall extend only to the actions taken by persons in rendering care, assistance, or advice at the time of said accident or existing or impending disaster, and does not confer any of said immunity to any person for actions taken prior to or after the rendering of emergency care, assistance, or advice.
C. For the purposes of this section, the term hazardous materials means petroleum or petroleum products, or any other substance or compound which is toxic to human, animal, or plant life.
Added by Laws 1983, c. 157, § 1, eff. Nov. 1, 1983.
2023 Oklahoma Statutes › Title 76. Torts › §76-5.9. Immunity from liability for emergency assistance provided during natural disasters or catastrophic events.

Any individual, business, church or school that renders emergency care, aid, shelter or other assistance during a natural disaster or catastrophic event shall not be liable for damages resulting from the rendering of emergency care, aid, shelter or assistance unless the damage was caused by the gross negligence or willful or wanton misconduct of the individual or entity rendering the emergency care, aid, shelter or assistance.
Added by Laws 2014, c. 304, § 1, eff. Nov. 1, 2014.
2023 Oklahoma Statutes › Title 76. Torts › §76-8. Wrongs against personal relations.

The rights of personal relation forbid:
1. The abduction of a husband from his wife, a wife from her husband or of a parent from his child.
2. The abduction or enticement of a child from a parent, or from a guardian entitled to its custody, or of a servant from his master.
3. An injury to a servant.
R.L. 1910, § 2957; Laws 1976, c. 164, § 1, eff. Oct. 1, 1976.
2023 Oklahoma Statutes › Title 76. Torts › §76-8.1. Alienation of affections or seduction - Civil action - Abolition.

From and after the effective date of this act, the alienation of the affections of a spouse of sound mind and legal age or seduction of any person of sound mind and legal age is hereby abolished as a civil cause of action in this state.
Added by Laws 1976, c. 164, § 2, eff. Oct. 1, 1976.
2023 Oklahoma Statutes › Title 76. Torts › §76-16.1. Unauthorized use of or entry upon real property or improvements thereto – Immunity from liability.

A. An owner, lessee or occupant of real property or any structures or improvements thereto owes no duty of care to keep the premises safe for entry or use by others or to give any warning of a dangerous condition, use, structure or activity if the entry or use by another person is unauthorized or is for the purpose of committing a criminal act.
B. The provisions of subsection A of this section provide immunity from civil liability for simple negligence but do not provide immunity for willful, wanton or malicious acts of negligence or for gross negligence.
Added by Laws 2004, c. 368, § 33, eff. Nov. 1, 2004.
2023 Oklahoma Statutes › Title 76. Torts › §76-17. Medical malpractice - Reporting of the claim to licensing board.

Whenever a claim of personal injury is made against any practitioner of the healing arts or a licensed hospital, a report shall be made to the appropriate licensing board or agency by the liability insurer of such practitioner or hospital within sixty (60) days after receipt of information that a claim is being made. In the event that such claim is made against a party not insured, the report shall be made by the party. The report shall be in writing on a form containing the following information:
1. The name and address of the practitioner or hospital;
2. The name, age and address of the claimant;
3. A brief statement of the nature of the injury, illness or condition complained of and the act or omission complained of; and
4. Whether a suit is pending and, if so, the court, style and docket number of the action.
And whenever such claim or suit is concluded, the disposition shall be reported to the appropriate board or agency promptly.
This report shall be privileged except as hereinafter provided.
The licensing board or agency shall take any remedial, disciplinary or corrective action as it may deem warranted by the facts contained in the report.
Any person or liability insurer failing to furnish a report on a claim as required in this section shall be guilty of a misdemeanor.
Further, the board or agency shall annually furnish the President Pro Tempore of the Senate and the Speaker of the House of Representatives a full report of all such claims except that names and addresses of all parties shall be omitted. Such report shall include disposition of the claim as well as a report of all action taken by the board or agency and the reason therefor.
Added by Laws 1976, c. 44, § 1, emerg. eff. April 8, 1976. Amended by Laws 1979, c. 75, § 1, eff. Oct. 1, 1979.
2023 Oklahoma Statutes › Title 76. Torts › §76-18. Limitation of action.

An action for damages for injury or death against any physician, health care provider or hospital licensed under the laws of this state, whether based in tort, breach of contract or otherwise, arising out of patient care, shall be brought within two (2) years of the date the plaintiff knew or should have known, through the exercise of reasonable diligence, of the existence of the death, injury or condition complained of; provided, however, the minority or incompetency when the cause of action arises will extend said period of limitation.
Added by Laws 1976, c. 44, § 2, emerg. eff. April 8, 1976. Amended by Laws 2002, c. 462, § 4, eff. July 1, 2002.
2023 Oklahoma Statutes › Title 76. Torts › §76-21. Presumption of negligence.

In any action arising from negligence in the rendering of medical care, a presumption of negligence shall arise if the following foundation facts are first established:
1. The plaintiff sustained any injury;
2. Said injury was proximately caused by an instrumentality solely within the control of the defendant or defendants; and
3. Such injury does not ordinarily occur under the circumstances absent negligence on the part of the defendant.
If any such fact, in the discretion of the court, requires a degree of knowledge or skill not possessed by the average person, then in that event such fact must be established by expert testimony.
Added by Laws 1976, c. 44, § 5, emerg. eff. April 8, 1976.
2023 Oklahoma Statutes › Title 76. Torts › §76-23. Public utilities - Definitions - Fraud - Penalties - Civil liability - Exemptions.

A. As used in this section:
1. "Utility" means any person, firm, corporation, district or association, whether private, municipal, body politic or cooperative, which is engaged in the sale, generation, distribution or delivery of electricity, water or gas;
2. "Person" means any individual, firm, partnership, corporation or association; and
3. "Utility service" means the furnishing, sale, generation, distribution or delivery of electricity, water or gas by a utility as defined herein.
B. It shall be unlawful for any person, with intent to defraud a utility, to:
1. Alter, tamper with, injure or knowingly allow the altering, tampering with or injuring of any pipeline, line, wire, conduit, conductor, meter, meter seal, transformer or other equipment used by a utility to deliver or register service;
2. Prevent any installed metering device from registering correctly the quantity of service passing through such metering device;
3. Make or cause to be made any connection between any pipeline, lines, wires, conduits, conductors, meters, transformers or other equipment in such manner as to prevent the correct registration of service by any metering device, or to otherwise use electricity without the consent of the utility; or
4. Supply or cause to be supplied any utility service to any person without such service first passing through the metering device provided by the utility for measuring and registering the quantity of service.
C. Any person who is convicted of violating the provisions of subsection B of this section shall be guilty of a misdemeanor punishable by payment of a fine of not more than One Thousand Dollars ($1,000.00), or by imprisonment in the county jail for a period not to exceed six (6) months, or by such fine and imprisonment.
D. If a civil action is brought by a utility against a person, said person may post a bond, cash or other security with the utility in an amount equal to the value of the service alleged to be unlawfully used or diverted. Upon posting of said bond or cash, and until final disposition of the case, the utility shall restore to said person any service which it may have terminated.
E. Nothing in this section shall be construed to apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards.
F. This section shall not be construed as repealing any laws of the state relating to the powers, duties or jurisdiction of the Oklahoma Corporation Commission, but shall be held as auxiliary and supplementary thereto.
Added by Laws 1978, c. 89, § 1, emerg. eff. March 28, 1978.
2023 Oklahoma Statutes › Title 76. Torts › §76-24. Definitions.

In Sections 5 through 10 of this act, the following definitions shall apply:
1. "Professional review body" means a public or private body organized in whole or in part for the purpose of maintaining standards of conduct and competence for accountants, architects, chiropodists, chiropractors, dentists, professional engineers, nurses, pharmacists, physicians, psychologists or veterinarians;
2. "Professional review action" means an action or recommendation taken or made by a professional review body which adversely affects a person's ability to perform his profession but shall not include actions taken or recommendations made by a private professional review body against a person who does not have a reasonable connection to the body's sponsoring organization; and
3. "Sponsoring organization" means a professional association or an institution through which persons practice their professions in whole or in part.
Added by Laws 1987, c. 78, § 5, eff. Nov. 1, 1987. Amended by Laws 1995, c. 207, § 5, eff. Nov. 1, 1995.
2023 Oklahoma Statutes › Title 76. Torts › §76-25. Professional review body, staff and personnel - Limitation of liability.

A professional review body, members and staff of such professional review body and persons who contract with such professional review body shall not be liable in any way in damages under any law of this state with respect to a professional review action taken in good faith by such professional review body.
Added by Laws 1987, c. 78, § 6, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 76. Torts › §76-26. Persons supplying information to professional review body - Protection from liability.

Any person who supplies information in good faith and with reasonable belief that such information is true to a professional review body shall not be liable in any way in damages with respect to giving such information to the professional review body.
Added by Laws 1987, c. 78, § 7, eff. Nov. 1, 1987.
2023 Oklahoma Statutes › Title 76. Torts › §76-29. Emergency exception from notice and hearing requirement.

Where failure to act expeditiously may reasonably result in an imminent danger to the public or individual, a professional review body may immediately act to prevent the danger without conducting a prior hearing or giving notice provided that notice and opportunity for hearing must follow the action within three (3) days.
Added by Laws 1987, c. 78, § 10, eff. Nov. 1, 1987.