reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 38. Jurors › §38-18. Licensed drivers list - Time period - Volunteers - Name and address changes.

For the purpose of ascertaining names of all persons qualified for jury service:
1. The Commissioner of Public Safety shall cause to be provided to the Administrative Director of the Courts, not later than the first day of October of each year, a list by county of residence of persons who reside in the county, who are eighteen (18) years of age or older, and who are holders of a current driver license or a current identification license issued by the Department of Public Safety. The list shall contain the name, date of birth, and mailing address of each person listed. The list may be maintained in electronic format and shall be used exclusively for jury selection purposes. The Administrative Director of the Courts and the court clerk shall not copy or permit any person to copy the list or any portion thereof for purposes other than jury selection;
2. All names and addresses of the persons so listed under the provisions of paragraph 1 of this section shall be used thereafter in the selection of juries; provided, however, no jury panel shall be quashed because of a duplication of names;
3. The list will be furnished by the Administrative Director of the Courts to the district courts according to the period of time and in the format prescribed by the Administrative Director of the Courts, and the district courts may maintain and use the list in electronic format as a necessary part of an approved electronic jury management system implemented pursuant to Section 13 of this act;
4. The provisions of this section shall not be construed to preclude persons otherwise qualified to serve as jurors from volunteering for jury service in a manner prescribed by the Administrative Director of the Courts; and
5. The Administrative Director of the Courts, the trial court administrator or the court clerk may accept changes or corrections in a mailing address or county of residence of a qualified juror from such qualified juror or from an electronic address verification process implemented pursuant to Section 13 of this act. Changes may be accepted in any manner prescribed by the Administrative Director of the Courts.
Added by Laws 1949, p. 279, § 1, emerg. eff. June 2, 1949. Amended by Laws 1973, c. 204, § 1, emerg. eff. May 17, 1973; Laws 1974, c. 136, § 1, emerg. eff. May 3, 1974; Laws 1985, c. 273, § 1; Laws 1987, c. 134, § 1, eff. Oct. 1, 1987; Laws 1989, c. 348, § 20, eff. Oct. 1, 1989; Laws 1996, c. 58, § 1, eff. Nov. 1, 1996; Laws 1997, c. 400, § 12, eff. July 1, 1997; Laws 2002, c. 390, § 14, emerg. eff. June 4, 2002; Laws 2003, c. 234, § 1, eff. Nov. 1, 2003; Laws 2015, c. 242, § 5, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-18.1. Alternative plan for selection of jurors with aid of mechanical or electronic means.

A. In lieu of any other procedure now provided by law, the judge in charge of court administration in the county may, by order, adopt a plan for the selection of qualified jurors for jury service with the aid of mechanical or electronic means and implement such plan upon its approval by the Supreme Court.
B. Any such plan so adopted shall conform to the following requirements:
1. A complete plan shall be proposed in writing and submitted for approval by the Supreme Court.
2. It shall provide a fair, impartial and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment.
3. It shall designate the court clerk as the official to be in charge of the selection process and shall define the duties of the court clerk.
4. It shall specify that a true and complete written list showing the names and addresses of the persons summoned to begin jury service on a particular date shall be filed of record with the court clerk at least ten (10) days prior to the date such persons are to begin jury service.
C. In any county where such a plan is adopted, as provided in this section, the laws relating to the selection of petit jurors by use of a jury wheel shall not apply. In such counties, a municipal court, at the option of the municipal judge, may select jurors in the same manner as provided for by the plan. The municipal court clerk shall be designated to fulfill the duties provided in the plan for the district court clerk.
Added by Laws 1973, c. 204, § 2, emerg. eff. May 17, 1973. Amended by Laws 2003, c. 225, § 2, eff. Nov. 1, 2003.
2023 Oklahoma Statutes › Title 38. Jurors › §38-19. Generation of names for general panel.

A. The Administrative Director of the Courts shall cause to be generated, from the list of names of all persons who are known to be qualified jurors under the law, the general panel of jurors as required under Section 20 of this title or the list of prospective multicounty grand jurors as required under Section 359 of Title 22 of the Oklahoma Statutes.
B. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the general jury panel for petit and county grand juries may be generated by the court clerk or trial court administrator utilizing the random selection processes provided in the jury management system.
Added by Laws 1949, p. 279, § 2, emerg. eff. June 2, 1949. Amended by Laws 2002, c. 390, § 15, emerg. eff. June 4, 2002; Laws 2015, c. 242, § 6, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-20. Drawing general panel - Authority of judges - Report for duty.

A. In each county, the judges of the courts of record shall, more than ten (10) days prior to each term of court, determine approximately the number of jurors that are reasonably necessary for jury service in all the courts of record of the county for each jury period during the time the courts may hold during the term and shall thereupon order the number of jurors from the Administrative Director of the Courts for each jury period, said jury to be known as the general panel of jurors for service in all the courts of such county for the respective weeks for which they are designated to serve. A majority of the judges are authorized to act in carrying out the provisions of this law; provided, however, there is only one judge in the county or where the district judge so designates in writing the judge of the court of record using the jury is authorized to act in carrying out the provisions of this law or he or she may increase or diminish the number of jurors to be selected for any jury period, and shall order said jurors drawn for as many weeks in advance of service as they or he or she deem proper. The general panel shall report for duty to the presiding judge or chief judge or other district court judge acting as his or her designee or, if none, to the judge of the court of record using the jury, and said judge, for such time as he or she so acts, shall organize said juries and have immediate supervision and control of them.
B. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the general panel of jurors may be generated by the court clerk or trial court administrator using the random juror selection process and functionality which is provided in that system.
Added by Laws 1949, p. 280, § 3, emerg. eff. June 2, 1949. Amended by Laws 2002, c. 390, § 16, emerg. eff. June 4, 2002; Laws 2015, c. 242, § 7, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-20.1. Jury panel - Oath or affirmation.

A. Each member of the general jury panel, when reporting for duty as provided for in Section 20 of this title, shall take and subscribe to an oath or affirmation which shall be in substantially the following form:
OATH
I, the undersigned, do solemnly swear or affirm that I am a citizen of the United States and a resident of the State of Oklahoma, County of __________. I further swear or affirm that I am eighteen years of age or older.
I further swear or affirm that I have not been convicted of a felony for which a period of time equal to the original judgment and sentence has not expired, or for which I have not been pardoned. I further swear or affirm that I am not now adjudicated as being mentally incompetent and that I do not otherwise have a mental condition which makes me incapable of performing jury service.
I state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct.
________________________________________________ ________________
(Signature or mark of general jury panel member) (Date and place)
B. The oath or affirmation provided for in subsection A of this section shall be maintained in the office of the court clerk as a judicial record. The oath or affirmation required by this section may be taken and signed using an electronic method provided by the court for such purposes, either through the website of the court or otherwise, and may be maintained by the court clerk in electronic format.
Added by Laws 1985, c. 273, § 2. Amended by Laws 2013, c. 61, § 3, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 38. Jurors › §38-21. Drawing of names - Additional drawings - Period of service.

If a grand jury is ordered, the number stated in the judge's order, not to exceed one hundred, shall be summoned as grand jurors, and the grand jury shall be impaneled from said persons. The judge of the district court shall order the court clerk, one of his or her deputies or the court administrator to order the stated number of jurors from the Administrative Director of the Courts. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the judge may order the stated number of jurors to be randomly selected and summoned by the court clerk or trial court administrator utilizing the jury management system, and the district court may use the jury management system to randomly select the names of the grand or petit jurors and alternate jurors from the panels so drawn. In addition to the twelve (12) grand jurors to be impaneled, three additional persons shall be selected as alternate grand jurors. The alternate grand jurors shall attend all functions of the grand jury during its term and shall be subject to all laws governing grand jurors. Provided that, no alternate juror shall participate in any deliberations of the grand jury until appointed to fill a vacancy. If the judge so directs, the persons summoned for the grand jury panel who are not used thereon may be transferred to the petit jury panel. Additional and other drawing of as many names as the court may order may be had at any such time as the court or judge may order for the completion of a grand or petit jury panel, or for the impaneling of a new grand or petit jury if, in the judgment of the court, the same shall be necessary, or if, for any cause, the court, in its discretion, shall deem other jurors necessary. The court may excuse or discharge any person drawn and summoned as a grand or petit juror whenever, in its discretion, such action shall be deemed expedient. No person may be required to render service as a petit juror for more than one (1) day in any one calendar year unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of two (2) or more days. Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.
Added by Laws 1949, p. 280, § 4, emerg. eff. June 2, 1949. Amended by Laws 1961, p. 281, § 1; Laws 1963, c. 268, § 1; Laws 1969, c. 134, § 1, emerg. eff. April 9, 1969; Laws 1975, c. 310, § 1, eff. Oct. 1, 1975; Laws 1977, c. 213, § 2, emerg. eff. June 14, 1977; Laws 1982, c. 3, § 1; Laws 2002, c. 390, § 17, emerg. eff. June 4, 2002; Laws 2004, c. 525, § 5, eff. July 1, 2004; Laws 2015, c. 242, § 8, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-22. Deficiency of jurors.

In the event of a deficiency of jurors at any given time to meet the needs of the district court, the presiding judge or chief judge, or other district court judge acting as his or her designee, having control of the general panel shall direct the court clerk or trial court administrator to request from the administrative Director of the Courts such additional jurors as may be sufficient to meet the court's requirements. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, the additional jurors authorized by this section may be randomly selected and summoned by the court clerk or trial court administrator utilizing the electronic jury management system.
Added by Laws 1949, p. 281, § 5, emerg. eff. June 2, 1949. Amended by Laws 2002, c. 390, § 18, emerg. eff. June 4, 2002; Laws 2004, c. 525, § 6, eff. July 1, 2004; Laws 2015, c. 242, § 9, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-23. Juries - Standard form of summons - Service.

A. The Administrative Director of the Courts shall develop a standard form to be used as a summons for service on the grand and petit juries in the district courts of this state. The standard form shall include the time, place and the name of the court where said jurors are required to attend.
B. The summons shall be served by mailing a copy of such summons to the person selected for service not less than ten (10) days before the day said person is to appear as a juror in such court. The person mailing the summons shall make a return of such service by filing an affidavit stating the date of mailing the summons; provided, that this shall not prevent service of special venire or talesman by the sheriff of the county.
C. In any district court where an electronic jury management system is implemented pursuant to Section 13 of this act, grand and petit jurors may be summoned by using the automated process of creating and mailing juror summons provided in the electronic jury management system. The Administrative Director of the Courts shall develop a standard juror summons form to be used in the system, which shall include a section for the district court to add information specific to the local court. Where the court follows the procedures for creating and mailing the summons as set forth in Section 13 of this act, the return-of-service affidavit required by subsection B of this section need not be filed.
Added by Laws 1949, p. 281, § 6, emerg. eff. June 2, 1949. Amended by Laws 1957, p. 410, § 1; Laws 1973, c. 174, § 1; Laws 1988, c. 33, § 1, eff. Nov. 1, 1988; Laws 2015, c. 242, § 10, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-23.1. On-call system - Trailing docket system.

A. In those district courts in which an on-call system is implemented by order of the chief judge of the district court, each juror retained for services subject to call shall be required to contact a center for information as to the time and place of his or her next assignment.
B. For purposes of this section, “on-call system” means a method whereby the chief judge of a district court summonses a jury panel to serve as potential jurors on a specific case.
C. Pursuant to summons for service on petit juries in the district court, each qualified, nonexempt juror is retained for service subject to call and is assigned to a judge or a case.
D. In those districts in which an on-call system is implemented by order of the chief judge of the trial court, no person shall be required to render service as a juror for more than one (1) day in a calendar year, unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of two (2) or more days. Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.
E. In those districts in which a trailing docket system is implemented by order of the chief judge of the trial court, no person shall be required to render service as a juror for more than five (5) days in a calendar year, unless he or she is selected to serve in a trial or is under consideration to serve in a trial and such consideration covers a period of five (5) or more days. Once selected, a juror shall serve on the jury for the duration of the trial, unless excused by the presiding judge.
F. For purposes of this section “trailing docket system” means a method whereby the chief judge of the district court summonses a jury panel to serve for a fixed number of days to determine the outcome of all cases on the docket in sequential order.
Added by Laws 1981, c. 184, § 2, eff. Oct. 1, 1981. Amended by Laws 2004, c. 525, § 7, eff. July 1, 2004; Laws 2006, c. 103, § 1, eff. Nov. 1, 2006.
2023 Oklahoma Statutes › Title 38. Jurors › §38-28.1. Postponements.

A. Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted, provided that:
1. The juror has not previously been granted a postponement;
2. The prospective juror appears in person or contacts the clerk of the court by telephone, electronic mail, or in writing to request a postponement; and
3. Prior to the grant of a postponement with the concurrence of the clerk of the court, the prospective juror fixes a date certain on which he or she will appear for jury service that is not more than six (6) months after the date on which the prospective juror originally was called to serve and on which date the court will be in session unless the prospective juror is permanently excused.
B. A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the individual will appear for jury service within six (6) months of the postponement on a date when the court will be in session.
Added by Laws 2004, c. 525, § 9, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 38. Jurors › §38-29. Substantial compliance.

Substantial compliance with the provisions of this chapter, shall be sufficient to prevent the quashing or setting aside of any indictment of a grand jury chosen hereunder, unless irregularity in drawing, summoning or impaneling the grand jury resulted in depriving a defendant of some substantial right, but such irregularity must be specifically presented to the court on or before the cause is first set for trial. A substantial compliance with the provisions of this chapter, shall be sufficient to prevent the setting aside of any verdict rendered by a jury chosen hereunder, unless the irregularity in drawing, and summoning or impaneling the same, resulted in depriving a party litigant of some substantial right; provided, however, that such irregularity must be specifically presented to the court at or before the time the jury is sworn to try the cause.
Laws 1949, p. 282, § 12, emerg. eff. June 2, 1949.
2023 Oklahoma Statutes › Title 38. Jurors › §38-34. Termination, removal or other adverse employment action for employee’s jury service - Use of sick leave or vacation leave - Penalty - Postponement of service.

A. Any person who is summoned to serve as a juror and who notifies his or her employer of such summons within a reasonable period of time after receipt of a summons and prior to his or her appearance for jury duty may not be terminated, removed or otherwise subject to any adverse employment action as a result of such service.
B. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to such employees who otherwise are not entitled to such benefits under company policies.
C. Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be guilty of a misdemeanor and, upon conviction, shall be punishable by a fine not to exceed Five Thousand Dollars ($5,000.00). The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee uses paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.
D. A court shall automatically postpone and reschedule the service of a summoned juror who is employed by an employer with five or fewer full-time employees, or their equivalent, if another employee of that employer has previously been summoned to appear during the same period. Such postponement will not effect an individual’s right to one automatic postponement under Section 9 of this act.
Added by Laws 1978, c. 142, § 1, eff. Oct. 1, 1978. Amended by Laws 1987, c. 99, § 15, eff. Nov. 1, 1987; Laws 2002, c. 134, § 1, eff. Nov. 1, 2002; Laws 2004, c. 525, § 10, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 38. Jurors › §38-35. Civil liability - Damages.

Every person, firm or corporation who discharges an employee, causes an employee to be discharged, takes other adverse action against an employee or requires an employee to use sick, annual or vacation leave because of said employee’s absence from employment by reason of said employee’s having been required to serve as a grand, multicounty grand, or petit juror on a grand, multicounty grand, or petit jury shall be liable to the employee in a civil action at law for both actual and exemplary damages. Damages shall include all pecuniary losses suffered including, but not limited to, lost earnings, both past and future, the value of lost leave, mental anguish and all reasonable damages incurred in obtaining other suitable employment. The provisions of this section shall not require an employer to pay an employee wages for the time the employee is absent from employment for jury duty unless the employee takes paid leave for that purpose. It shall be the decision of the employee whether to use paid leave or take leave without pay for absence from employment for jury duty.
Added by Laws 1978, c. 142, § 2, eff. Oct. 1, 1978. Amended by Laws 1987, c. 99, § 16, eff. Nov. 1, 1987; Laws 2002, c. 134, § 2, eff. Nov. 1, 2002; Laws 2004, c. 525, § 11, eff. July 1, 2004.
2023 Oklahoma Statutes › Title 38. Jurors › §38-36. Protections for juror identity.

A. Persons serving as jurors during a trial shall not be asked or required to give their complete residence address or telephone number in the presence of the defendant.
B. Names and personal information concerning prospective and sitting jurors shall not be disclosed to the public outside open court, except upon order of the court. A request for disclosure of petit jurors' names and personal information shall be made in writing directly to the presiding judge or chief judge, or any district judge acting as his or her designee. The court shall order juror names and personal information to be kept confidential unless the interests of justice require otherwise.
C. Names and personal information concerning prospective petit jurors may be provided to the attorneys of record after the general panel jurors have been selected and summoned, unless otherwise directed by the court. The names and information will be provided in written form only, hereafter referred to as "the jury list". The attorneys shall not share the jury list or information contained in the jury list except as necessary for purposes of jury selection. Following jury selection, the attorneys shall return the original jury lists and any copies to the court. Counsel shall be under a continuing duty to protect the confidentiality of juror information.
D. The names of grand jurors shall not be maintained in any public record or otherwise disclosed to the public except upon an order of the court issued on a showing that exceptional circumstances have created a demonstrated need for disclosure.
Added by Laws 1994, c. 343, § 23, eff. Sept. 1, 1994. Amended by Laws 2015, c. 242, § 12, emerg. eff. May 4, 2015.
2023 Oklahoma Statutes › Title 38. Jurors › §38-37. Adverse action against student for jury service prohibited.

No school, college, university, or other educational institution may take or permit to be taken any adverse academic action against a student because of the student's service on a grand, multicounty grand, or petit jury.
Added by Laws 1996, c. 111, § 1, emerg. eff. April 18, 1996.
2023 Oklahoma Statutes › Title 38. Jurors › §38-101. Grand jury petition - Circulation - Sufficiency.

Beginning November 1, 1989, any person, group of persons or organization desiring to circulate a petition for the impaneling of a grand jury, pursuant to the provisions of Section 18 of Article II of the Oklahoma Constitution shall file a copy of said petition with the court clerk of the county prior to the obtaining of any signatures upon such petition. Any such petition, upon its face, shall state the subject matter or matters of the prospective grand jury and shall state a reasonably specific identification of areas to be inquired into and sufficient general allegations to warrant a finding that such inquiry may lead to information which, if true, would warrant a true bill of indictment or action for removal of a particular public official.
Laws 1989, c. 180, § 1, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-102. Order determining sufficiency or insufficiency of petition - Amended petition - Appeal of order.

Within four (4) days, excluding Saturdays, Sundays and holidays, following the initial filing of any petition calling for the impaneling of a grand jury, the presiding district judge shall enter an order stating whether the face of the petition contains a reasonably specific identification of areas to be inquired into and sufficient general allegations to warrant a finding that such inquiry may lead to information which, if true, would warrant a true bill of indictment or action for removal. An order determining such petition to be deficient shall quash said petition, and shall set forth clearly in writing each and every deficiency found by said judge. Petitioners shall have two (2) days to amend the petition to conform to the district judge's order. Upon the filing of said amended petition, the district judge shall enter an order within two (2) days stating whether the face of the amended petition contains the requirements set forth in this section. Any such order quashing an amended petition shall be appealable when entered. An order determining such petition or amended petition to be sufficient shall not be appealable.
Laws 1989, c. 180, § 2, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-103. Signatures - Time allowed - Requisite number.

Upon the entering of an order determining the petition to be sufficient, or upon the successful appeal of an order determining the petition to be insufficient, the circulators of said petition shall have forty-five (45) days to obtain a sufficient number of signatures to impanel a grand jury. Failure to obtain the requisite number of signatures within that time period shall render the petition null and void.
Laws 1989, c. 180, § 3, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-104. Wrongfully or fraudulently procuring signature or removal of signature - Penalty.

Any person who offers any payment of money, any gratuity or prize, or any other thing of value, or makes any statement known by them to be false, and who makes such offer or statement to induce a person to sign or to have his name removed from a petition to impanel a grand jury, shall be guilty of a misdemeanor.
Laws 1989, c. 180, § 4, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-105. Removal of name from petition - Request.

Any person who signs a grand jury petition and subsequently desires to have his or her name removed from such petition may, at any time prior to a determination by the election board of the number of signatures on the petitions, have his or her name removed from said petition by filing a request for removal with the court clerk of the county. If such request is filed with the court clerk prior to the filing of the signed petitions, the court clerk shall hold such notice and deliver it to the election board at such time as the petitions are delivered. If such request is filed after the filing of the signed petitions, the court clerk shall deliver it to the election board. If such request is filed after the election board has certified the number of signatures of said petition, such request shall be void. Such request shall clearly state the desire of the person to have his or her name removed from the grand jury petition currently in circulation and shall bear the signature and address of the person making the request.
Laws 1989, c. 180, § 5, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-106. Filing completed petition - Duties of court clerk and election board.

Upon the obtaining of the signatures, and within the forty-five day time limitation provided in Section 3 of this act, the completed petitions shall be filed with the court clerk. The court clerk shall copy said petitions and deliver the originals on the next business day, excluding Saturdays, Sundays and holidays, to the election board. Upon the delivery of said petitions to the election board, the board shall have seven (7) business days, excluding Saturdays, Sundays and holidays, to determine how many of the signers of said petitions are qualified electors within the county and shall return, not later than the seventh business day, excluding Saturdays, Sundays and holidays, the original petitions to the court clerk together with a certification of the number of such signers who are qualified electors within the county.
Laws 1989, c. 180, § 6, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-107. Presentation of certified petition to presiding district judge - Determination of sufficiency - Order.

Upon receipt by the court clerk of a certification of the number of qualified electors who have signed a petition for grand jury, the presiding district judge shall determine whether or not that number meets the requirement of a grand jury petition pursuant to Section 18 of Article II of the Oklahoma Constitution. Should such number be sufficient, and should all other requirements stated above be met, the presiding district judge shall order the impaneling of a grand jury to convene within thirty (30) days of the date the certification was received by the court clerk from the election board.
Laws 1989, c. 180, § 7, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 38. Jurors › §38-108. Civil liability of petitioners.

Any person responsible for the creation, drafting or circulating of a grand jury petition may be held liable for civil damages for libel or slander due to any false allegation made in the body of said petition, if such allegations are proven to be made with malice and with an ulterior or illicit purpose.
Laws 1989, c. 180, § 8, eff. Nov. 1, 1989.
2023 Oklahoma Statutes › Title 40. Labor › §40-1. Commissioner of Labor - Powers and duties.

A. The Commissioner of Labor shall be the Chief Executive Officer of the Department of Labor, and shall supervise the work of that Department.
B. It shall be the duty of the Commissioner of Labor to:
1. foster, promote, and develop the welfare of the wage earners of this state;
2. improve working conditions of the wage earners;
3. advance opportunities of wage earners for profitable employment; and
4. carry into effect all laws in relation to labor enacted by the Legislature for which responsibility is assigned to the Commissioner of Labor.
C. The Commissioner of Labor may administer oaths, issue subpoenas for the attendance of witnesses and take testimony in all matters relating to the proper enforcement of all laws over which the Commissioner has supervision pursuant to the provisions of the laws of this state.
R.L.1910, § 3703; Laws 1910-11, c. 128, p. 281, § 1; Laws 1980, c. 159, § 7, emerg. eff. April 2, 1980; Laws 1991, c. 122, § 1, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 40. Labor › §40-1.1. Reciprocal agreements with labor departments of other states - Actions upon claims arising in other states.

A. The Commissioner of Labor may enter into reciprocal agreements with the Labor Department or corresponding agency of another state, or with the person, board, officer, or commission authorized to act on behalf of that department or agency having jurisdiction for the collection of wages unlawfully withheld from employees by out-of-state employers and for the collection of other debts lawfully owed to the State Department of Labor.
B. The Commissioner of Labor shall, upon the written request of the Department of Labor or other corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act for and on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims for wages, judgments and demands arising in such other state in the same manner and to the same extent that such actions by the Commissioner of Labor are authorized when arising in this state; provided, however, that such actions may be commenced and maintained only in those cases where such other state by appropriate legislation or by reciprocal agreement extends a like comity to cases arising in the state.
Added by Laws 1991, c. 122, § 2, eff. July 1, 1991.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-102. Purpose of Act.

(1) Whoever makes a false statement or representation knowing it to be false or knowingly fails to disclose a material fact, to obtain or increase any benefit or other payment under this act or under the unemployment compensation law of any state or of the federal government, either for himself or for any other person, shall be guilty of a misdemeanor and shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for not longer than ninety (90) days, or by both such fine and imprisonment; and each such false statement or representation or failure to disclose a material fact shall constitute a separate offense for each week of benefits.
(2) Upon conviction sentences may be suspended or upon a plea of guilty judgment and sentencing may be deferred only upon the condition of full restitution to the Commission of all benefits so obtained or the excess of any benefits so increased.
Laws 1980, c. 323, § 1-102, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-103. Declaration of state public policy.

DECLARATION OF STATE PUBLIC POLICY. As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to the health, morals, and welfare of the people of this state. Unemployment is therefore a subject of general interest and concern which requires appropriate action by the Legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of our economic life. This objective can be furthered by operating free public employment offices in affiliation with nationwide system of employment services, by devising appropriate methods for reducing the volume of unemployment and by the systematic accumulation of funds during periods of employment, thus maintaining purchasing power and limiting the serious social consequences of unemployment. The Legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state require the enactment of this measure, under the police power of the state for the establishment and maintenance of free public employment offices and for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
Added by Laws 1980, c. 323, § 1-103, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-104. Saving clause.

SAVING CLAUSE. A. The Legislature reserves the right to amend or repeal all or any part of the Employment Security Act at any time and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by the Employment Security Act, or by acts done pursuant thereto, shall exist subject to the power of the Legislature to amend or repeal the Employment Security Act at any time.
B. If any provision of the Employment Security Act necessary for certification for administrative grants under the Social Security Act or tax credits under the Federal Unemployment Tax Act are determined to be inconsistent with federal requirements by a delegate of the Secretary of Labor, the Commission, with the concurrence of the Oklahoma Attorney General, is authorized to administer such provisions consistently with federal requirements until the Legislature has an opportunity to enact appropriate legislation during its next regularly scheduled session.
Added by Laws 1980, c. 323, § 1-104, eff. July 1, 1980. Amended by Laws 1982, c. 304, § 1, operative Oct. 1, 1982.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-107. Construction against implicit repeal.

CONSTRUCTION AGAINST IMPLICIT REPEAL. This act being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Added by Laws 1980, c. 323, § 1-107, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-109. Unemployment benefits impact study.

If a proposed new law or amendment to an existing law will have the effect of expanding unemployment benefits available to unemployment benefit claimants, the Oklahoma Employment Security Commission shall study the fiscal impact the benefit expansion will have upon Oklahoma's Unemployment Trust Fund established pursuant to 42 U.S.C., Section 1104. The impact study shall be presented to each house of the Legislature before the final vote on the bill containing the provision and shall be sent to the Governor before final approval of the bill containing the provision.
Added by Laws 2013, c. 71, § 1, eff. Nov. 1, 2013.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-202.1. Extended Base Period.

EXTENDED BASE PERIOD.
If an individual lacks sufficient base period wages because of a job-related injury for which the individual received total temporary disability payments awarded by the Workers' Compensation Court, upon written application by the claimant, an extended base period will be substituted for the current base period on a quarter-by-quarter basis as needed to establish a valid claim. Benefits paid on the basis of an extended base period, which would not otherwise be payable, shall be noncharged.
Added by Laws 1997, c. 30, § 1, eff. July 1, 1997. Renumbered from § 1-202A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2022, c. 360, § 2, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-208.1. Motor carrier not employer of lessor or driver.

MOTOR CARRIER NOT EMPLOYER OF LESSOR OR DRIVER.
In no event will a motor carrier be determined to be the employer of a lessor as defined in Section 166a or 230.29 of Title 47 of the Oklahoma Statutes, or of a driver receiving compensation from a lessor.
Added by Laws 1986, c. 223, § 23, emerg. eff. June 9, 1986. Amended by Laws 2002, c. 452, § 3, eff. Nov. 1, 2002. Renumbered from § 1-208A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-209. Employing unit.

EMPLOYING UNIT.
All individuals performing services within this state for any employing unit which maintains two or more separate establishments within this state shall be deemed to be employed by a single employing unit for all the purposes of the Employment Security Act of 1980, except as provided under paragraphs 10 and 11 of Section 1-208 of this title.
Whenever any employing unit contracts with or has under it any contractor or subcontractor for any employment, which is part of its usual trade, occupation, profession, or business, unless the employing unit as well as each such contractor or subcontractor is an employer by reason of Section 1-208 or Section 3-203 of this title, the employing unit shall for all the purposes of the Employment Security Act of 1980 be deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which such individual is engaged in performing such employment; except that each such contractor or subcontractor who is an employer by reason of Section 1-208 or Section 3-203 of this title shall alone be liable for the contributions measured by wages paid to individuals employed by the contractor or subcontractor, and except that any employing unit which shall become liable for and pay contributions with respect to individuals in the employ of any such contractor or subcontractor who is not an employer by reason of Section 1-208 or Section 3-203 of this title may recover the same from such contractor or subcontractor.
Each individual employed to perform or to assist in performing the work of any agent or employee of an employing unit shall be deemed to be employed by such employing unit for all the purposes of the Employment Security Act of 1980, whether such individual was hired or paid directly by such employing unit or by such agent or employee of an employing unit, provided the employing unit had actual or constructive knowledge of the employment.
Added by Laws 1980, c. 323, § 1-209, eff. July 1, 1980. Amended by Laws 2002, c. 452, § 4, eff. Nov. 1, 2002; Laws 2010, c. 216, § 1, eff. July 1, 2010; Laws 2022, c. 360, § 3, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-209.1. Lessor employing unit.

LESSOR EMPLOYING UNIT. A. Any employer or any individual, organization, partnership, corporation or other legal entity which meets the definition of lessor employing unit shall be liable for contribution on wages paid by the lessor employing unit to individuals performing services for client lessees of the lessor employing unit.
B. Unless the lessor employing unit has timely complied with the provisions of this section, any employer, individual, organization, partnership, corporation or other legal entity leasing employees from any lessor employing unit shall be jointly and severally liable for any unpaid contributions, interest, penalties and fees due under this section from any lessor employing unit attributable to wages for services performed for the client lessee entity by the employees leased to the client lessee entity.
C. In order to relieve client lessees from joint and several liability imposed under this section, any lessor employing unit as defined herein may post and maintain a surety bond issued by a corporate surety authorized to do business in this state in an amount equivalent to the contributions for which the lessor employing unit was liable in the last calendar year in which it accrued contributions, or One Hundred Thousand Dollars ($100,000.00), whichever amount is the greater, to ensure prompt payment of contributions, interest, penalties and fees for which the lessor employing unit may be or may become liable under this section.
D. Any lessor employing unit as defined herein which is currently engaged in the business of leasing employees to client lessees shall comply with the provisions of this section by January 1, 1991.
E. Any lessor employing unit not engaged in the business of leasing employees to client lessees on or before May 31, 1990, shall comply with the requirements herein before entering into lease agreements with client lessees.
Added by Laws 1990, c. 333, § 2, emerg. eff. May 31, 1990. Amended by Laws 1993, c. 219, § 2, eff. Sept. 1, 1993. Renumbered from § 1-209A of this title by Laws 2006, c. 176, § 29, eff. July 1, 2006. Amended by Laws 2022, c. 360, § 4, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-209.2. Professional Employee Organization.

A. For purposes of the Employment Security Act of 1980, the Professional Employee Organization (PEO) and its client shall be considered coemployers of the covered employees that are under the direction and control of the client.
B. If a PEO fails to become or remain registered under the Oklahoma Professional Employer Organization Recognition and Registration Act, the entity shall be considered a third-party administrator of the client account. As a third-party administrator, a power of attorney will be required to obtain information from the client's account.
Added by Laws 2014, c. 221, § 1, eff. Nov. 1, 2014. Amended by Laws 2022, c. 360, § 5, eff. Nov. 1, 2022.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-214. Institution of higher education.

INSTITUTION OF HIGHER EDUCATION. "Institution of higher education" means an educational institution which:
(1) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such certificate;
(2) Is legally authorized in this state to provide a program of education beyond high school;
(3) Provides an educational program for which it awards a bachelor's or higher degree, or provides a program which is acceptable for full credit toward such degree, a program of postgraduate or postdoctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and
(4) Is a public or other nonprofit institution.
Notwithstanding any of the foregoing provisions of this subsection, all colleges and universities in this state are institutions of higher education for purposes of this section.
Added by Laws 1980, c. 323, § 1-214, eff. July 1, 1980.
2023 Oklahoma Statutes › Title 40. Labor › §40-1-217. Unemployed.

UNEMPLOYED. A. An individual shall be deemed unemployed with respect to any week during which:
1. The individual performed no services; and
2. No wages are payable to the individual.
B. For an initial or additional initial claim filing, an individual shall be deemed unemployed:
1. With respect to any week of less than full-time work, if the wages payable to the individual are less than his or her weekly benefit amount plus One Hundred Dollars ($100.00); and
2. If the individual has incurred a loss of wages or reductions in hours equal to or greater than fifteen percent (15%) of the income or hours worked, based on his or her customary work experience or contract of hire.
C. For filing made during a continued claim series, an individual shall be deemed unemployed with respect to any week of less than full-time work if the wages payable to the individual are less than his or her weekly benefit amount plus One Hundred Dollars ($100.00).
D. For the purpose of this section only, any vacation leave payments or sick leave payments, which such individual may receive or be entitled to from his or her employer or former employer, arising by reason of separation from employment, shall be deemed not to be wages as the term wages is used in this section.
E. A finding that an individual has satisfied the hour and wage threshold as defined in this section shall not preclude a potential investigation or disqualification for benefits as provided in Section 2-101 et seq. of this title if the employer files a timely protest to the initial or additional initial claim.
Added by Laws 1980, c. 323, § 1-217, eff. July 1, 1980. Amended by Laws 1994, c. 41, § 1, eff. July 1, 1994; Laws 2022, c. 360, § 6, eff. Nov. 1, 2022.