reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.1. Definitions.

As used in this act, unless the context requires otherwise:
1. "Administrator" means the Administrator of the Department of Consumer Credit or the Administrator's designee;
2. "Affiliate" means a person or organization directly or indirectly controlling, controlled by or under common control with the licensee;
3. "Control" means possession, directly or indirectly, of the power to direct or cause the direction of management and policies of a person, whether through ownership of voting securities, by contract or otherwise. No individual shall be deemed to control a person solely on account of being a director, officer or employee of the person. For purposes of this paragraph, a person who directly or indirectly owns, controls, holds the power to vote or holds proxies representing twenty-five percent (25%) or more of the current outstanding voting securities issued by another person is presumed to control the other person, and the Administrator may determine whether a person, in fact, controls another person;
4. "Controlling person" means any person in control of a licensee;
5. "Department" means the Department of Consumer Credit;
6. "Small loan" means a loan made pursuant to a written agreement subject to this act between a licensee and customer establishing a credit plan under which the licensee contemplates credit transactions from time to time that:
a.
shall be unsecured,
b.
shall not have a term longer than twelve (12) months or less than sixty (60) days,
c.
shall be fully amortized and payable in substantially equal periodic payments, and
d.
are subject to prepayment in whole or in part at any time without penalty;
7. "Licensee" means a person licensed to offer small loans pursuant to this act;
8. "Person" means an individual, group of individuals, partnership, association, corporation or any other business, unit or legal entity; and
9. "Default" means:
a.
the failure of a customer to make a required payment within a certain number of days of the due date as agreed upon by the licensee and the customer per the small loan agreement; provided, that such agreed-upon number of days not exceed sixty-one (61) days after a failure to make a required payment on the due date, or
b.
the customer's failure to otherwise perform the obligations under the small loan agreement.
Added by Laws 2019, c. 89, § 3, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.2. License required – Eligibility for licensure.

A. Beginning on August 1, 2020, no person shall engage in the business of making small loans as defined in this act, unless the person is licensed by the Department of Consumer Credit as provided by this act. A person shall be deemed to be engaged in the business of making small loans in this state if the person regularly makes loans for a fee or induces a consumer, while located in this state, to enter into a small loan in this state through the use of facsimile, telephone, Internet or other means. A separate license shall be required for each location from which the business of making small loans is conducted.
B. Any nonresident person seeking licensure under this act shall furnish the Administrator of the Department of Consumer Credit with the name and address of a resident of this state upon whom notices or orders issued by the Administrator, or process affecting a licensee under this act, may be served. A nonresident licensee shall notify the Administrator in writing of any change in its designated agent for service of process as provided in paragraph 2 of Section 5 of this act, and the change shall not become effective until approved by the Administrator.
C. No person doing business under the authority of any law of Oklahoma or of the United States relating to banks, savings institutions, trust companies, building and loan associations, industrial loan associations or credit unions shall be eligible for licensure under this act.
Added by Laws 2019, c. 89, § 4, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.3. Applicant requirements.

A. An applicant for a license to make small loans shall meet the following requirements:
1. A tangible net worth that comprises tangible assets, less liabilities, of not less than Fifty Thousand Dollars ($50,000.00) for each location; and
2. The financial responsibility, financial condition, business experience, character and general fitness of the applicant shall reasonably warrant the belief that the applicant's business shall be conducted lawfully, honestly, carefully and efficiently. In determining whether these qualifications have been met and for the purpose of investigating compliance with this act, the Administrator of the Department of Consumer Credit may review and approve:
a.
the business records and the capital adequacy of the applicant,
b.
the competence, experience, integrity and financial ability of any person who is a director, officer, a shareholder with ten percent (10%) or more shares of the applicant, or a person who owns or controls the applicant, and
c.
any record of the applicant or any person referred to in this act for any criminal activity, fraud or other act of personal dishonesty; any act, omission or practice that constitutes a breach of a fiduciary duty; or any suspension, revocation or removal by any agency or department of the United States or any state, from participation in the conduct of any business.
B. The Administrator shall periodically review the licensee's compliance with subsection A of this section.
Added by Laws 2019, c. 89, § 5, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.4. Application for licensure.

A. On and after January 1, 2020, a person may apply for licensure pursuant to the Oklahoma Small Lenders Act; provided, however, no person is authorized to make any small loan pursuant to this act until August 1, 2020, and thereafter; and provided further, such person making any small loan must be in possession of a valid license issued pursuant to this act.
B. Each application for a license shall be in a form established by the Administrator of the Department of Consumer Credit by promulgation of an administrative rule and shall include the following:
1. The legal name, residence and business address of the applicant and, if the applicant is a partnership, association or corporation, the legal name, residence and business address of every member, officer, managing employee and director of the applicant;
2. Every person licensed under this act shall maintain an agent in this state for service of process. The name, address, telephone number and electronic mail address of the agent shall be filed with the application. The Administrator shall be notified in writing by the licensee at least five (5) days prior to any change in the status of an agent; and
3. Other data and information the Administrator may require about the applicant, its directors, trustees, officers, members, managing employees or agents.
Added by Laws 2019, c. 89, § 6, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.6. Application approval – Posting of license.

A. Upon the filing of an application in a form prescribed by the Administrator of the Department of Consumer Credit, accompanied by the fees and documents required by this act, the Administrator shall investigate to ascertain whether the requirements prescribed by this act have been satisfied. If the Administrator finds that the requirements have been satisfied and approves the documents, the Administrator shall issue to the applicant a license to engage in the business of making small loans in this state.
B. The license shall be conspicuously posted in the licensee's place of business at all times.
Added by Laws 2019, c. 89, § 8, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.7. Application denial - Hearing.

A. If the Administrator of the Department of Consumer Credit determines that an applicant is not qualified to receive a license, the Administrator shall notify the applicant in writing that the application has been denied, stating the basis for denial.
B. If the Administrator denies an application, or if the Administrator fails to act on an application within ninety (90) days after the filing of a properly completed application, the applicant may make a written demand to the Administrator for a hearing before the Administrator on the question of whether the license should be granted.
C. Any hearing on the denial of a license shall be conducted pursuant to the Administrative Procedures Act; provided, that the burden of proof that the applicant is entitled to a license shall be on the applicant. A decision of the Administrator following any hearing on the denial of a license is subject to review pursuant to the provisions of the Administrative Procedures Act.
Added by Laws 2019, c. 89, § 9, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.8. License expiration - Renewal.

A. Any license issued between January 1, 2020, and December 31, 2020, shall expire on December 31, 2021. All licenses issued on and after January 1, 2021, shall expire on December 31 in the year such license is issued, unless earlier surrendered, suspended or revoked pursuant to this act. On and after January 1, 2021, an initial license fee may be prorated to correspond to the number of months between the issuing date and the expiration date of December 31 of the same year.
B. Each license may be renewed for the ensuing twelve-month period upon application by the license holder showing continued compliance with the requirements of this act and the payment to the Administrator of the Department of Consumer Credit annually by December 1 of a license renewal fee of Five Hundred Fifty Dollars ($550.00).
C. A licensee making timely and complete application for renewal of its license shall be permitted to continue to operate under its existing license until its application is approved or denied.
Added by Laws 2019, c. 89, § 10, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.9. Transferability and assignability – Change of control requests.

A. A license issued pursuant to this act is not transferable or assignable.
B. 1. The prior written approval of the Administrator of the Department of Consumer Credit is required for the continued operation of a small loan business whenever a change in control of a licensee is proposed. The Administrator may require information deemed necessary to determine whether a new application is required. Reasonable and actual costs incurred by the Administrator in investigating a change-of-control request shall be paid by the person requesting approval. If the person acquiring control of a licensee is already licensed under this act, the person shall notify the Administrator thirty (30) days prior to the acquisition.
2. Whenever control is acquired or exercised in violation of this section, the license shall be deemed revoked as of the date of the unlawful acquisition of control. The licensee or its controlling person shall surrender the license to the Administrator on demand.
C. A licensee shall notify the Administrator thirty (30) days before any change in the licensee's principal place of business, branch office or name.
Added by Laws 2019, c. 89, § 11, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.11. Written explanation to customers of fees and charges – Right of rescission.

A. A licensee shall provide each customer a written explanation, in clear, understandable language, of the fees and charges to be charged by the licensee. The style, content and method of executing the required written explanation shall comply with Oklahoma Regulation Z laws and shall contain a statement that the customer may prepay the unpaid balance in whole or in part at any time without penalty. The Administrator of the Department of Consumer Credit may promulgate administrative rules establishing additional requirements in order to assure complete and accurate disclosure of the fees and charges to be charged by a licensee under a small loan.
B. A small loan shall include, along with other state or federal law requirements:
1. A customer's right of rescission for any small loan. No lender shall be required to extend a right of rescission past the close of business on the day after loan proceeds are disbursed unless the lender is not open on the day after disbursement, in which case the right of rescission shall be extended to the subsequent day the lender is open; and
2. A notice informing the customer that complaints may be made to the Administrator, including the Administrator's telephone number and address.
C. Borrowers who default may undergo consumer credit counseling from a list of organizations approved by the Department of Consumer Credit and made available upon request by the lender.
Added by Laws 2019, c. 89, § 13, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.12. Keeping and maintaining records – Unfair or deceptive acts – Device or agreement to obtain greater charges – Compliance with other laws – Jurisdiction and venue.

A. Each licensee shall keep and use in its business any books, accounts and records the Administrator of the Department of Consumer Credit may require for purposes of this act and the rules promulgated pursuant thereto. Every licensee shall preserve the books, accounts and records for at least four (4) years. Any licensee, after receiving the prior written approval of the Administrator, may maintain records at a location within or outside this state.
B. A licensee shall not engage in unfair or deceptive acts, practices or advertising in the conduct of the licensed business.
C. A licensee shall not use any device or agreement, including agreements with affiliated licensees, with the intent to obtain greater charges than otherwise would be authorized by this act.
D. A licensee shall comply with any state or federal law, rule or regulation applicable to any business authorized or conducted under this act, including but not limited to Oklahoma Regulation Z, the federal Equal Credit Opportunity Act, 15 U.S.C., Sections 1691-1691f, and the federal Fair Debt Collection Practices Act, 15 U.S.C., Section 1692 et seq.
E. 1. No small loan subject to this act shall:
a.
provide that the law of a jurisdiction other than Oklahoma law applies,
b.
provide that the customer consents to the jurisdiction of another state or foreign country, or
c.
establish venue.
2. Any provision described in this section that is contained in a written small loan agreement made after the effective date of this act shall be void and not enforceable as a matter of public policy.
Added by Laws 2019, c. 89, § 14, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.13. Applicability with other laws.

The business of making small loans in accordance with this act shall not be subject to or controlled by any other statute governing the imposition of interest, fees or loan charges. A licensee shall not have the powers enumerated in this act without first complying with the law regulating the particular transaction involved, but licensees legally exercising any of the powers set forth in this act shall not be deemed in violation of any other provision of law.
Added by Laws 2019, c. 89, § 15, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.14. Promulgation of administrative rules – Examination and investigation of books, records and persons – Examination or investigation fees.

A. The Administrator of the Department of Consumer Credit may promulgate administrative rules in accordance with the Administrative Procedures Act for the enforcement of this act.
B. To assure compliance with this act, the Administrator may examine the relevant business, books and records of any licensee. Further, for the purposes of discovering violations of this act and determining whether persons are subject to this act, the Administrator may examine or investigate persons licensed under this act and persons reasonably suspected by the Administrator of conducting business that requires a license under this act by exercising authority that includes, but is not limited to, the power to summon witnesses and examine them under oath or affirmation and to compel the production of books and records that may be relevant to the examination or investigation.
C. A licensee or unlicensed person subject to the licensing requirements of this act, that is examined or investigated in accordance with this act, shall pay to the Administrator the reasonable and actual expenses of the investigation or examination, including travel expenses, in addition to the supervision fee of Seven Hundred Dollars ($700.00). Such reasonable and actual expenses shall include a fee of Fifty Dollars ($50.00) per hour for exams lasting more than eight (8) hours. In-state travel expenses shall comply with such limitations and allowances as provided by the State Travel Reimbursement Act as found in Section 500.1 et seq. of Title 74 of the Oklahoma Statutes. The expenses shall be payable in addition to all other fees, taxes and costs required by law.
Added by Laws 2019, c. 89, § 16, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.15. Independent hearing examiner – Suspension or revocation of license.

A. The Administrator of the Department of Consumer Credit shall appoint an independent hearing examiner to conduct all administrative hearings involving alleged violations of Title 14A of the Oklahoma Statutes. The independent hearing examiner shall have authority to exercise all powers granted by Article II of the Administrative Procedures Act in conducting hearings. The independent hearing examiner shall recommend penalties authorized by Title 14A of the Oklahoma Statutes and issue proposed orders, with proposed findings of fact and proposed conclusions of law, to the Administrator pursuant to Article II of the Administrative Procedures Act. The Administrator shall review the proposed order and issue a final agency order in accordance with Article II of the Administrative Procedures Act. The costs of the hearing examiner may be assessed by the Administrator against the respondent, unless the respondent is the prevailing party. Any person aggrieved by a final agency order of the Administrator may obtain judicial review in accordance with the Administrative Procedures Act. The jurisdiction and venue of any such action shall be in the district court of Oklahoma County or the county of the aggrieved.
B. The Administrator may, after notice and hearing, suspend or revoke any license if the Administrator finds that the licensee has knowingly or through lack of due care:
1. Failed to pay any fees, expenses or costs imposed by the Administrator under the authority of this act;
2. Committed any fraud, engaged in any dishonest activities or made any misrepresentations;
3. Violated any provision of this act, any administrative rule promulgated pursuant to this act or any other law in the course of the licensee's dealings as a licensee;
4. Made a false statement in the application for the license or failed to give a true reply to a question in the application; or
5. Demonstrated incompetency or untrustworthiness to act as a licensee.
C. If the reason for revocation or suspension of a licensee's license at any one location is of general application to all locations operated by a licensee, the Administrator may revoke or suspend all licenses issued to a licensee.
D. A hearing shall be held on written notice given at least twenty (20) days prior to the date of the hearing and shall be conducted in accordance with the Administrative Procedures Act.
Added by Laws 2019, c. 89, § 17, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.16. Violations – Actions Department may take.

After notice and opportunity for a hearing, if the Administrator of the Department of Consumer Credit finds that a person has violated this act or any administrative rule promulgated pursuant thereto, the Administrator may take the following actions or any combination of such actions:
1. Order the person to cease and desist violating the act or any administrative rule promulgated pursuant thereto;
2. Require the refund of any fees collected by the person in violation of this act; or
3. Order the person to pay to the Department of Consumer Credit a civil penalty of not more than One Thousand Dollars ($1,000.00) for each transaction in violation of this act or for each day that a violation occurs or continues.
Added by Laws 2019, c. 89, § 18, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.17. Violations – Censure, suspension or bar of employment, management or control of a licensee.

A. The Administrator, after notice and opportunity for a hearing, may censure, suspend for a period not to exceed twelve (12) months or bar a person from any position of employment, management or control of a licensee, if the Administrator finds that the:
1. Censure, suspension or bar is in the public interest and that the person has committed or caused a violation of this act, administrative regulation or any rule or order of the Administrator; or
2. Person has been:
a.
convicted, pled guilty to or pled nolo contendere to any crime, or
b.
held liable in any civil action by final judgment or any administrative judgment by any public agency, if the criminal, civil or administrative judgment involved any offense reasonably related to the qualifications, functions or duties of a person engaged in the business of making small loans pursuant to this act.
B. Persons suspended or barred under this section are prohibited from participating in any business activity of a licensee and from engaging in any business activity on the premises where a licensee is conducting its business. This subsection shall not be construed to prohibit suspended or barred persons from having their personal transactions processed by a licensee.
Added by Laws 2019, c. 89, § 19, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.18. Consent orders – Enforcement action without prior hearing.

A. The Administrator of the Department of Consumer Credit may enter into a consent order at any time with any person to resolve any matter arising under this act. A consent order shall be signed by the person to whom it is issued or a duly authorized representative and shall indicate agreement to the terms contained in the order. A consent order need not constitute an admission by any person that any provision of this act or any administrative rule or order promulgated or issued under this act has been violated, nor need it constitute a finding by the Administrator that the person has violated this act or any administrative rule or order issued under this act.
B. Notwithstanding the issuance of a consent order, the Administrator may seek civil or criminal penalties concerning matters encompassed by the consent order.
C. In cases involving extraordinary circumstances requiring immediate action, the Administrator may take any enforcement action authorized by this act without providing the opportunity for a prior hearing but shall promptly afford a subsequent hearing upon an application to rescind the action taken that is filed with the Administrator within twenty (20) days after receipt of the notice of the Administrator's emergency action.
Added by Laws 2019, c. 89, § 20, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.19. Written complaints – Investigation – Exclusive administrative power.

A. Any person aggrieved by the conduct of a licensee or unlicensed person in connection with regulated activities pursuant to this act, may file a written complaint with the Administrator of the Department of Consumer Credit who may investigate the complaint.
B. In the course of the investigation of the complaint, the Administrator may:
1. Subpoena witnesses;
2. Administer oaths;
3. Examine any individual under oath or affirmation; and
4. Compel the production of records, books, papers, contracts or other documents relevant to the investigation.
C. If any person fails to comply with a subpoena of the Administrator under this act or to testify concerning any matter about which the person may be interrogated under this act, the Administrator may petition any court of competent jurisdiction for enforcement.
D. The license of any licensee under this act who fails to comply with a subpoena of the Administrator may be suspended pending compliance with the subpoena.
E. The Administrator shall have exclusive administrative power for the State of Oklahoma to investigate and enforce any and all complaints relating to the business of making small loans filed by any person that are not criminal in nature.
Added by Laws 2019, c. 89, § 21, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.20. Written report by licensee after occurrence of certain events.

Within fifteen (15) days of the occurrence of any one of the following events, a licensee shall file a written report with the Administrator of the Department of Consumer Credit describing the event and its expected impact on the activities of the licensee in this state:
1. The filing for bankruptcy or reorganization by the licensee;
2. Revocation or suspension proceedings instituted against the licensee by any state or governmental authority;
3. The denial of the opportunity to engage in the business of making loans by any state or governmental authority;
4. Any felony indictment of the licensee or any of its directors, officers or principals;
5. Any felony conviction of the licensee or any of its directors, officers or principals; and
6. Other events that the Administrator may determine and identify by administrative regulation.
Added by Laws 2019, c. 89, § 22, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.21. Annual report by licensees.

A. Each licensee shall file an annual report with the Administrator of the Department of Consumer Credit on the date of the renewal application required in Section 10 of this act, containing the following information:
1. The names and addresses of persons owning a controlling interest in each licensee;
2. The location of all places of business operated by the licensee and the nature of the business conducted at each location;
3. The names and addresses of all affiliated entities regulated under Title 14A of the Oklahoma Statutes doing business in this state;
4. An audited financial statement, including, but not limited to, a balance sheet, statement of income or loss and statement of changes in financial position, for the immediately preceding fiscal year end, prepared in accordance with generally accepted accounting principles by a certified public accountant or public accounting firm, neither of which is affiliated with the licensee; and
5. If the licensee is a corporation, the names and addresses of its officers and directors; if the licensee is a partnership, the names and addresses of the partners; or if the licensee is a limited liability company, the names and addresses of the board of governors or managers of the limited liability company.
B. If the licensee holds two or more licenses or is affiliated with other licensees, a composite report may be filed but shall not be required.
C. The reports shall be filed in a form that may reasonably be required by the Administrator and shall be sworn to by a responsible officer of the licensee.
D. The information submitted by licensees shall be confidential.
Added by Laws 2019, c. 89, § 23, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.22. Multistate automated licensing system – Administrator authority - Costs.

A. In addition to any other powers conferred upon the Administrator of the Department of Consumer Credit by law, the Administrator is authorized to require persons subject to this act to be licensed through a multistate automated licensing system. Pursuant to this authority, the Administrator may:
1. Promulgate administrative rules that are reasonably necessary for participation in, transition to or operation of a multistate automated licensing system;
2. Establish relationships or enter into agreements that are reasonably necessary for participation in, transition to or operation of a multistate automated licensing system. The agreements may include, but are not limited to, operating agreements, information-sharing agreements, interstate cooperative agreements and technology licensing agreements;
3. Require that applications for licensing under this act and renewals of such licenses may be filed with a multistate automated licensing system;
4. Require that any fees required to be paid under this act and required by a multistate automated licensing system may be paid through a multistate automated licensing system;
5. Establish deadlines for transitioning licensees to a multistate automated licensing system. The Administrator has the authority to deny any applications or renewal applications not filed with a multistate automated licensing system after such deadlines have passed, notwithstanding any dates established elsewhere in this act; provided, however, the Administrator shall provide reasonable notice of any transition deadlines to licensees; and
6. Take such further actions as are reasonably necessary to give effect to this section.
B. Nothing in this section shall authorize the Administrator to require a person who is not subject to this act to submit information to or to participate in a multistate automated licensing system that is operated or participated in pursuant to this act.
C. The Administrator shall retain full authority and discretion to license persons under this act and to enforce this act to its fullest extent. Nothing in this section shall be deemed to be a reduction or derogation of that authority and discretion.
D. Applicants for and holders of licenses issued under this act shall pay all costs associated with submitting an application to or transitioning a license to a multistate automated licensing system, as well as all costs required by a multistate automated licensing system for maintaining and renewing any license issued by the Administrator on a multistate automated licensing system.
Added by Laws 2019, c. 89, § 24, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.23. Authority to use multistate automated licensing system for channeling information.

The Administrator of the Department of Consumer Credit is authorized to use a multistate automated licensing system as an agent for channeling information, whether criminal or noncriminal in nature, whether derived from or distributed to the United States Department of Justice or any other state or federal governmental agency, or any other source that the Administrator is authorized to request from or distribute to under this act.
Added by Laws 2019, c. 89, § 25, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.24. Application of federal or state laws to information provided to a multistate automated licensing system – Agreements with other government agencies.

A. In order to promote more effective regulation and reduce regulatory burden through supervisory information sharing, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to a multistate automated licensing system and any privilege arising under federal or state law, including the rules of any federal or state court with respect to such information or material, shall continue to apply to the information or material after the information or material has been disclosed to a multistate automated licensing system. The information or material may be shared with all state and federal regulatory officials with consumer credit oversight authority without the loss of privilege or the loss of confidentiality protections provided by federal or any state law, including the protection available under the laws of the State of Oklahoma.
B. For purposes of this section, the Administrator of the Department of Consumer Credit is authorized to enter into agreements or sharing agreements with other governmental agencies, the Conference of State Bank Supervisors or other associations representing governmental agencies as established by rule or order of the Administrator.
C. Information or material that is subject to privilege or confidentiality under this section shall not be subject to:
1. Disclosure under any federal or state law governing the disclosure to the public of information held by an officer or any agency of the federal government or the respective state; or
2. Subpoena, discovery or admission into evidence in any private civil action or administrative process, unless with respect to any privilege held by a multistate automated licensing system applicable to such information or material, the person to whom such information or material pertains waives that privilege in whole or in part in the discretion of such person.
D. This section shall supersede any inconsistent provisions of law pertaining to the records open to public inspection.
E. This section shall not apply with respect to information or material relating to publicly adjudicated disciplinary and enforcement actions against persons subject to this act that is included in a multistate automated licensing system for access by the public.
Added by Laws 2019, c. 89, § 26, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.26. Information not to be disclosed by Administrator or employees.

Except as otherwise provided in Title 14A of the Oklahoma Statutes or Section 23 of this act, the following shall not be disclosed by the Administrator of the Department of Consumer Credit or any of its employees:
1. A report of examination of any person subject to Title 14A of the Oklahoma Statutes, including any contents thereof; and
2. Any personal or financial information pertaining to a person furnished to, or obtained by, the Administrator during the application or examination process.
Added by Laws 2019, c. 89, § 28, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3150.27. Garnishing wages for debt collection.

In no event shall an employer be required to garnish wages, earnings or other income of an employee for the purpose of collecting debts on small loans as such term is defined in this act.
Added by Laws 2019, c. 89, § 29, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3202. Definitions.

As used in the Oklahoma Anesthesiologist Assistant Act:
1. "Board" means the State Board of Medical Licensure and Supervision;
2. "Anesthesiologist assistant" means a graduate of an approved program who is licensed to perform medical services delegated and directly supervised by a supervising anesthesiologist;
3. "Approved program" means a program for the education and training of anesthesiologist assistants approved by the State Board of Medical Licensure and Supervision;
4. “Direct supervision" means the on-site, personal supervision by an anesthesiologist who is present in the office when the procedure is being performed in that office, or is present in the surgical or obstetrical suite when the procedure is being performed in that surgical or obstetrical suite and who is in all instances immediately available to provide assistance and direction to the anesthesiologist assistant while anesthesia services are being performed; and
5. “NCCAA” means the National Commission for Certification of Anesthesiologist Assistants.
Added by Laws 2008, c. 161, § 2, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3203. Duties of State Board Medical Licensure and Supervision.

The State Board of Medical Licensure and Supervision shall:
1. Examine, license and renew the licenses of duly qualified applicants;
2. Maintain an up-to-date list of every person licensed to practice pursuant to the Oklahoma Anesthesiologist Assistant Act. The list shall show the licensee's last-known place of employment, last-known place of residence, and the date and number of the license;
3. Cause the prosecution of all persons violating the Oklahoma Anesthesiologist Assistant Act and incur necessary expenses therefor;
4. Keep a record of all proceedings of the Board and make such record available to the public for inspection during reasonable business hours;
5. Conduct hearings upon charges calling for discipline of a licensee, or denial, revocation or suspension of a license; and
6. Share information on a case-by-case basis of any person whose license has been suspended, revoked or denied. The information shall include the name, social security number, type and cause of action, date and penalty incurred, and the length of penalty. The information shall be available for public inspection during reasonable business hours and shall be supplied to similar boards in other states upon request.
Added by Laws 2008, c. 161, § 3, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3204. Powers of State Board of Medical Licensure and Supervision.

The State Board of Medical Licensure and Supervision may:
1. Promulgate rules, consistent with the laws of this state, as may be necessary to enforce the provisions of the Oklahoma Anesthesiologist Assistant Act. Rules shall be promulgated in accordance with Article I of the Administrative Procedures Act;
2. Employ such personnel as necessary to assist the Board in performing its function;
3. Establish license renewal requirements and procedures as deemed appropriate;
4. Secure the services of resource consultants as deemed necessary by the Board. Resource consultants shall be reimbursed for all actual and necessary expenses incurred while engaged in consultative service to the Board, pursuant to the State Travel Reimbursement Act;
5. Enter into agreements or contracts, consistent with state law, with outside organizations for the purpose of developing, administering, grading or reporting the results of licensing examinations. Such groups shall be capable of providing an examination which meets the standards of the NCCAA, or their equivalent; and
6. Establish by rule license examination fees.
Added by Laws 2008, c. 161, § 4, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3205. Application for licensure.

A. All persons applying for licensure as an anesthesiologist assistant shall submit an application to the State Board of Medical Licensure and Supervision on forms approved by the Board.
B. The application shall not be used for more than one (1) year from the date of original submission of the application and fee. After one (1) year from the date that the original application and fee have been received in the Board office, a new application and fee shall be required from any applicant who desires licensure as an anesthesiologist assistant.
C. All application information must be submitted no later than fifteen (15) days prior to the meeting at which the applicant desires the application to be considered.
Added by Laws 2008, c. 161, § 5, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-3208. Malpractice insurance.

All anesthesiologist assistants shall carry malpractice insurance or demonstrate proof of financial responsibility. Any applicant for licensure shall submit proof of compliance or exemption to the Board office prior to licensure. All licensees shall submit such proof as a condition of biennial renewal or reactivation. Acceptable proof of financial responsibility shall include:
1. Professional liability coverage of at least One Hundred Thousand Dollars ($100,000.00) per claim with a minimum annual aggregate of at least Three Hundred Thousand Dollars ($300,000.00) from an authorized insurer, a surplus lines insurer, a joint underwriting association, a self-insurance plan, or a risk retention group; or
2. An unexpired irrevocable letter of credit, which is in the amount of at least One Hundred Thousand Dollars ($100,000.00) per claim with a minimum aggregate availability of at least Three Hundred Thousand Dollars ($300,000.00) and which is payable to the anesthesiologist assistant as beneficiary. Any person claiming exemption from the financial responsibility law must timely document such exemption at initial certification, biennial renewal, and reactivation.
Added by Laws 2008, c. 161, § 8, eff. Nov. 1, 2008.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4000. Exemptions.

A. All state entities that are charged with oversight of occupational licenses shall establish procedures by which individuals who are convicted of a felony or misdemeanor where substance abuse or mental illness is the underlying cause of the crime, or plead guilty or nolo contendere to a felony or misdemeanor where substance abuse or mental illness is the underlying cause of the crime, may appeal to have an occupational license reinstated.
B. All state entities described in this section may consider the length of time since the plea or conviction. Other items that may be considered are education since the plea or conviction, recovery status since the plea or conviction if the underlying crime was alcohol- or drug-related, and the public safety of allowing an individual to return to the specific occupation.
C. The provisions of this section shall not apply to professional licensure boards that currently recognize and comply with the spirit and intent of this act.
Added by Laws 2006, c. 196, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4001. Participation in execution of death sentence barred as basis for revoking, suspending, or denying professional license.

No licensing entity, board, commission, association, or agency shall file, attempt to file, initiate a proceeding, or take any action to revoke, suspend, or deny a license to any person authorized to operate as a professional in the State of Oklahoma, for the reason that the person participated in any manner in the execution of a judgment of death pursuant to Sections 1014 and 1015 of Title 22 of the Oklahoma Statutes as required or authorized by law or the Director of the Department of Corrections.
Added by Laws 2006, c. 139, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4002. Liability for acts of licensed profession or trade.

The owner of property, or an owner’s agent, or a lumber yard or building material center, or its agents or employees, who attempts to determine cost estimates, determine various material options, secure a detailed list of materials, or prepare a material takeoff based upon a drawing, plan, computer program calculation or any professional source of written information for his or her construction project, shall not be held liable for the acts of, nor deemed to practice, a profession or trade required to be licensed in this state.
Added by Laws 2010, c. 337, § 3, emerg. eff. June 6, 2010.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4003. Waiver of fees for low-income individuals.

A. Except for health care professions, every administrative body, state agency director or official with authority over any occupational or professional license or certification, and each of the respective examining and licensing boards, upon presentation of satisfactory evidence that an applicant for licensure or certification is a low-income individual, shall grant a one-time one-year waiver of any fees associated with such licensure or certification. For purposes of the section, "low-income individual" means an individual who is enrolled in a state or federal public assistance program, including, but not limited to, the Temporary Assistance for Needy Families, Medicaid or the Supplemental Nutrition Assistance Program, or whose household adjusted gross income is below one hundred forty percent (140%) of the federal poverty line or a higher threshold to be set by the executive branch department that oversees business regulation.
B. Each administrative body, state agency director or official with authority over any occupational or professional license or certification, and each of the respective examining and licensing boards, shall promulgate rules to implement the provisions of this section.
Added by Laws 2018, c. 284, § 1, eff. Nov. 1, 2018.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4100. Short title - Military Service Occupation, Education and Credentialing Act.

This act shall be known and may be cited as the "Military Service Occupation, Education and Credentialing Act".
Added by Laws 2012, c. 226, § 1, eff. Nov. 1, 2012. Amended by Laws 2019, c. 257, § 1, eff. Nov. 1, 2019.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4100.1. Legislative findings.

The Legislature finds that military service members after separating from military service are frequently delayed in getting post-military employment even though the service member may have applicable military education, training, and experience which could qualify for an occupational license or certification, or which could provide academic credit toward college, university or technical degree requirements. The Legislature finds it is advantageous to the state to create occupational and educational opportunities for post-military service members who are honorably discharged and spouses of active-duty service members who must leave work in another state to accompany their service member on transfer and assignment for military duty in this state. The Legislature additionally finds that the spouse of an active-duty service member assigned for duty in this state who possesses a valid professional license or certification with current experience in another state should be allowed to apply for the same professional license or certification in this state and such application should be expedited for better employment opportunities and based upon the person having substantially equivalent education, training and experience for licensure in this state.
Added by Laws 2012, c. 226, § 2, eff. Nov. 1, 2012.
2023 Oklahoma Statutes › Title 59. Professions and Occupations › §59-4100.2. Guide to the Evaluation of Educational Experiences in the Armed Services.

The Legislature hereby authorizes the public and private institutions of higher education and the career and technology centers in this state to utilize the Guide to the Evaluation of Educational Experiences in the Armed Services, published by the American Council on Education (ACE), to compare and apply academic credit for education, training and experience received through military duty or service which is applicable to the selected program of study for an honorably discharged military service member who becomes a student at an institution of higher education or career and technology center within three (3) years after separation from military service.
Added by Laws 2012, c. 226, § 3, eff. Nov. 1, 2012.