reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-88. Disposition of bodies of deceased inmates or patients of state institutions.

A. The superintendents or wardens of state correctional facilities, of state hospitals and of state institutions are hereby authorized and directed to remove the bodies of the deceased inmates or patients from such facilities and institutions, that are not claimed for private burial by friends or relatives thereof within ninety-six (96) hours after the death, and the superintendent or warden of such facility or institution shall notify the friends or relatives of the deceased inmate or patient by registered mail of the death of the deceased inmate or patient at the last known place of residence, if known, in accordance with state law and agency rules.
B. When the State Anatomical Board rejects the body of a deceased inmate or patient, the superintendent or warden of that facility or institution shall have the rejected body buried in lands of that facility or institution set aside for such purpose, or in such place authorized by law or agency rule. Provided, that the expenses of such burials shall be paid from the support and maintenance appropriation or any other appropriation made for the operating expenses of the facility or institution.
Added by Laws 1933, c. 35, p. 73, § 1, emerg. eff. April 3, 1933. Amended by Laws 1951, p. 13, § 1, emerg. eff. May 16, 1951; Laws 1957, p. 19, § 1, emerg. eff. June 1, 1957; Laws 1987, c. 236, § 122, emerg. eff. July 20, 1987; Laws 2015, c. 284, § 1, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-88.1. Receipt of bodies by State Anatomical Board.

It is hereby required that after the body has been received by the State Anatomical Board that it shall be required that said Anatomical Board shall hold and preserve the body for a period of not less than thirty (30) days from the date of death.
Laws 1957, p. 19, Section 2.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-142. Partial invalidity.

If any provision of this act or application thereof to any person, property or circumstance is held invalid such invalidity shall not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.
Laws 1949, p. 50, § 12.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-143. Maintenance and improvement of certain cemeteries by county commissioners.

In any county of this state, the board of county commissioners is hereby authorized and empowered to utilize employees under its jurisdiction and county-owned tools, machinery, equipment, and materials for the purposes of opening and closing graves and maintaining and improving any publicly owned cemetery or other cemetery within the county not owned and maintained by an individual or private organization; provided that, where appropriate, a reasonable fee, not to exceed the actual cost of the service, may be charged for such services.
Added by Laws 1961, p. 14, § 1. Amended by Laws 1977, c. 64, § 1, emerg. eff. May 23, 1977; Laws 2015, c. 284, § 2, eff. Nov. 1, 2015.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-144. Acceptance and use of monies and other items.

The board of county commissioners is hereby authorized and empowered to accept and use monies and other items of value from private and governmental sources for the purposes of opening and closing graves and maintaining and improving said cemeteries in carrying out the intent and purposes of this act.
Laws 1961, p. 14, § 2; Laws 1977, c. 64, § 2, emerg. eff. May 23, 1977.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-181. Declaration of policy.

The people of the state have a vital interest in the establishment of cemeteries and the maintenance, preservation and operation thereof. To protect the citizens of the state, to promote the public welfare and public health thereof, and to prevent and guard against cemeteries from hereafter becoming a burden upon the community and the taxpayers of the state, the following provisions are enacted in the exercise of the police power of the state.
Laws 1955, p. 104, § 1.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-184. Penalty.

Any person who wilfully violates any provision of this act shall be guilty of a misdemeanor and shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for a term not exceeding six (6) months, or both such fine and imprisonment for each offense.
Laws 1955, p. 106, § 4.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-185. Conveyance of county lands for cemetery purposes.

The board of county commissioners may, without fee or charge, transfer and convey any land owned by the county, which at the time of conveyance is being used for cemetery purposes, or is situated adjacent to a tract of land being used for cemetery purposes, to any cemetery association, previously existing or formed for the purpose of taking such lands, said conveyance to be made and land to be used exclusively for purposes of human burial.
Laws 1969, c. 213, § 1.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-186. Ingress to and egress from certain cemeteries.

Any cemetery in this state consisting of ten or more grave spaces, lots, crypts or niches, including but not limited to, locations on property held in fee title, by leasehold, estate or easement by the state, any county, municipality, district, religious or fraternal organization, corporation, nonprofit corporation, partnership, association, individual or trust or charitable or eleemosynary institution, shall be allowed sufficient ingress to and egress from such cemetery by allowing the establishment of streets, roads or other public rights-of-way for such purpose. Such entity shall further allow sufficient ingress to and egress from any grave space, lot, crypt or niche within the cemetery by allowing sufficient access to any portion of the cemetery for such purpose.
Added by Laws 1986, c. 90, § 1, eff. Nov. 1, 1986.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-187. Abandoned cemetery on privately owned land - Visitation rights.

Any relative of the deceased who wishes to visit an abandoned cemetery which is completely surrounded by privately owned land, for which no public ingress or egress is available, shall have the right to reasonable ingress or egress for the purpose of visiting such cemetery. This right of access to such cemeteries extends only to visitation during reasonable hours and only for purposes usually associated with cemetery visits. For the purposes of this section, "abandoned cemetery" means any place where human skeletal remains are buried and which no body has been interred for at least twenty-five (25) years and where such site is readily identifiable as a cemetery by an inspection of the property. Any relative of the deceased who wishes to visit an abandoned cemetery shall make a good faith effort to notify the owners and tenants, if any, of said property prior to visiting the cemetery. This section shall not be interpreted to allow the creation of an easement or claim of easement nor a right of ownership or claim of right of ownership to an abandoned cemetery.
Added by Laws 1992, c. 214, § 1, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-188. Unused burial sites – Reversion to cemetery.

A. After a period of seventy-five (75) years since the last recorded activity on a burial space, as defined by the Perpetual Care Fund Act, and after a reasonable search for heirs and beneficiaries, an unused burial site shall be abandoned and the right of ownership in the burial site shall revert to the private or public cemetery, after the cemetery has met the requirements of this section.
B. 1. A reasonable search for heirs and beneficiaries pursuant to this section shall include:
a.
sending a certified letter of notice by the entity responsible for the cemetery to the last-known address of the record property owner; however, if no address is available, then no letter shall be required, and
b.
publishing a copy of the description of the abandoned burial space in a newspaper qualified to publish public notices pursuant to Section 106 of Title 25 of the Oklahoma Statutes in the county of the last-known address of the record owner for three (3) weeks; however, if no address is available, then publication shall take place in the county where the burial space is located.
2. If no person proves ownership of the burial space within one (1) year after the publication, the burial space shall be deemed abandoned for purposes of this section.
C. Any person with a legitimate claim to a burial space that has been deemed abandoned pursuant to this section and has been used or sold by the private or public cemetery shall have the claim settled by receiving an equal burial space in an equivalent location as the burial space that reverted to the private or public cemetery.
Added by Laws 2021, c. 198, § 1, eff. Nov. 1, 2021.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-202. Definitions.

The following terms as used in this act are defined as follows:
1. "Burial association" or "association" when used without limitation or qualification, shall mean an association, whether incorporated or nonincorporated, licensed pursuant to this act or which is otherwise subject to the provisions of this act; and
2. "Board" shall mean the Oklahoma State Board of Embalmers and Funeral Directors.
Laws 1953, p. 129, § 2; Laws 1992, c. 147, § 1, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-203.1. State Burial Board abolished - Transfer of duties and authority to State Board of Embalmers and Funeral Directors.

A. The State Burial Board is hereby abolished. All powers, duties, responsibilities, property, personnel, assets, liabilities, fund balances, encumbrances and obligations of the State Burial Board are hereby transferred to the State Board of Embalmers and Funeral Directors. All references made in the Oklahoma Statutes to the State Burial Board shall mean the State Board of Embalmers and Funeral Directors.
B. The Oklahoma State Board of Embalmers and Funeral Directors is hereby vested with the duty and authority of enforcing and administering the provisions of Section 201 et seq. of this title.
Added by Laws 1992, c. 147, § 2, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-204. State Burial Board Administration and Enforcement Fund abolished - Transfer of funds.

A. There is hereby created a fund to be known as the "State Burial Board Administration and Enforcement Fund," and all fees received by the Board under the provisions of this act shall be paid to the Board and shall by it be deposited to the credit of such Fund. The Board shall have the authority to employ and fix the compensation of personnel necessary for the administration of this Act, and to incur and pay such expenses as are deemed necessary by the Board for such purpose. Such compensation and expenses shall be disbursed from the State Burial Board Administration and Enforcement Fund upon vouchers drawn and approved by the Board.
B. The State Burial Board Administration and Enforcement Fund, created pursuant to subsection A of this section, is hereby abolished. On July 1, 1992, any unencumbered funds remaining in the State Burial Board Administration and Enforcement Fund shall be transferred to the credit of the Fund of the State Board of Funeral Directors and Embalmers, created pursuant to Section 396.14 of Title 59 of the Oklahoma Statutes. Any unexpended funds remaining in the State Burial Board Administration and Enforcement Fund after November 15, 1992, shall be transferred to the credit of the Fund of the State Board of Funeral Directors and Embalmers.
Laws 1953, p. 130, § 4; Laws 1992, c. 147, § 4, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-207. Licenses.

(a) No burial association shall transact any business until the Board has issued a formal license authorizing it to do so, which license shall not issue until it is satisfied that the association has complied with the provisions of this act. Licenses issued to such association shall authorize the association to do business in this state until the last day of June following the date of issuance of the license, and the license may be renewed by the Board annually thereafter, unless sooner suspended, revoked, or renewal refused; provided, however, that any license shall continue in full force and effect until a new license be issued or specifically refused.
(b) The Board shall not suspend, revoke, or refuse to renew a license issued to any burial association unless, after a hearing held, it finds that one of the grounds specified in Section 15 of this act exists as to such association. Before the Board shall suspend, revoke, or refuse to issue or renew any license it shall issue a show cause order to such association stating specifically, the nature of the alleged violations, and fixing a time and place, at least ten (10) days thereafter, when a hearing of the matter shall be held. After such hearing, or upon failure of the association to make an appearance, the Board shall render its findings, decision and order in writing. After the Board has rendered its findings, decision and order, any party aggrieved may appeal within twenty (20) days to the district court of Oklahoma county by filing with the clerk of said court a petition in error together with a certified copy of the proceedings of the Board in such matter. If the appeal is from an order of the Board, such order shall not take effect during the pendency of the appeal unless the court shall determine otherwise. The court may review all the facts and in disposing of any issue before it, may modify, affirm or reverse any finding, decision or order of the Board, in whole or in part.
Laws 1953, p. 131, § 7.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-208. Burial agreements.

(a) Any burial association may issue a burial agreement containing burial benefits not exceeding twice the burial benefits provided in the Articles of Agreement as specified in Section 5 of this act, by charging and levying twice the membership fee and assessments specified therein.
(b) No burial association licensed pursuant to the provisions of this act shall issue more than one burial agreement providing a Two Hundred Dollar ($200.00) benefit or more than two burial agreements each providing a One Hundred Dollar ($100.00) benefit covering a family, or any member thereof; nor issue a burial agreement covering a family, or any member thereof, who are covered by a burial agreement issued by another burial association and the application form prescribed by the Board shall contain an interrogatory as to whether the family, or any member thereof, is so covered by such an agreement; provided, however, nothing in this act shall prohibit, and any burial association is hereby authorized, to issue an agreement to a family for the purpose of replacing an agreement theretofore issued by another burial association, and provided further such in lieu agreement shall at least provide the same benefits and coverage to the family as the agreement replaced.
(c) In the event of the death of a person who is covered by more than one agreement issued by one burial association the association's liability shall be limited to the providing of a burial benefit equal to twice the benefit specified in the Articles of Agreement as provided in Section 5 of this act, regardless of the number of burial agreements issued by the said burial association and covering such person, and the burial association is hereby prohibited from providing a burial benefit in excess thereof. In the event of the death of a person who is covered by more than one agreement issued by more than one burial association the agreement holder shall elect as to which association he shall make claim for the burial benefit; the association which is not so elected shall have no liability to provide the burial benefit and is hereby prohibited from providing any burial benefit.
Laws 1953, p. 132, § 8.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-209. Treasurer's bond.

The treasurer of every burial association, who shall be the custodian of the funds of the association, shall file with the Oklahoma State Board of Embalmers and Funeral Directors a bond, in the form prescribed by the Board, running in the favor of the State of Oklahoma, executed by an insurance company authorized to do business in this state, and to be conditioned that the trust fund of the association will be held and administered in accordance with the provisions of this act, which bond shall at all times be equal to, or in excess of, the trust fund but which in no event shall be in an amount less than One Thousand Dollars ($1,000.00).
Laws 1953, p. 132, § 9; Laws 1992, c. 147, § 6, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-210. Reimbursement of trust fund.

The Board shall have the authority, after a hearing held, to issue an order directing the officers of an association to reimburse the trust fund for any withdrawal therefrom when the Board finds that the officers have wrongfully paid a claim or have otherwise wrongfully disbursed funds from the trust fund.
Laws 1953, p. 132, § 10.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-211. Inspections and examinations - Costs.

Whenever the Board deems it necessary or advisable, and at least once in each year, it shall examine, through its authorized representative each burial association and thoroughly inspect and examine its financial condition, whether it has complied with the provisions of the law and any other facts relative to its business methods, management, and the equity of its dealings with its members and claimants. The Board or its authorized representative may subpoena and administer the oath to and examine witnesses, the directors, officers, trustees, agents, representatives, and members of any association and any other person, relative to its affairs, transactions and conditions. The cost of any examination exceeding four (4) hours in duration made pursuant to the provisions of this section shall be the responsibility of the examined burial assocation. Provided, however, no such cost paid by the examined burial association shall exceed five percent (5%) of the total income of said burial association or Two Hundred and Fifty Dollars ($250.00) whichever is greater.
Amended by Laws 1985, c. 142, § 1, emerg. eff. June 7, 1985.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-212. Misrepresentations.

No association and no director, trustee, officer, agent, employee, solicitor, or other representative thereof, or any other person, shall make, issue, circulate, or cause or permit to be made, issued, or circulated, a statement of any sort misrepresenting the terms, conditions or character of any agreement issued by it or the benefits or advantages promised thereby.
Laws 1953, p. 133, § 12.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-213. Discrimination.

Discrimination between members of the same class in the amount of assessments, dues, and fees charged for or on any agreement, or in any benefits payable thereon, or in any of the terms or conditions of such agreement, or in any manner whatsoever is prohibited. This Act shall not prohibit different assessments, dues, fees or benefits for individuals insured under different plans at different times. No association and no director, trustee, officer, agent, employee, solicitor or other representative thereof shall pay, allow or give, or offer to pay, allow or give directly or indirectly, as an inducement to insure any rebate of the assessment, dues or fees payable on the agreement, or any special favor or advantage in the benefits to accrue thereon not specified in the agreement or any paid employment contract for services of any kind or any valuable consideration or inducement whatever; provided however, nothing herein shall prohibit a burial association or any agent thereof in connection with the sale of an agreement from truthfully advertising or stating the advantages of a funeral service rendered by a designated funeral home.
Laws 1953, p. 133, § 13.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-214. Annual report - Annual license fee.

Every burial association doing business in the State of Oklahoma under the provisions of Sections 201 et seq. of this title shall, annually, on or before the last day of June, report under oath of the president and secretary of said association to the Oklahoma State Board of Embalmers and Funeral Directors, the total income, less refunds, received by the association from its member during the preceding calendar year and shall at the same time pay to the Board an annual license fee equal to one percent (1%) of the said total income, less refunds, as a condition precedent to the issuance of the annual license, or the renewal of said license, to the association. The Board may, if it deems that the Oklahoma State Board of Embalmers and Funeral Directors Administration and Enforcement Fund is or will be insufficient to meet the expenses of the new license year, increase the annual license fee to an amount not exceeding four percent (4%) of said total income. Any burial association failing to make such returns and payments promptly and correctly shall forfeit and pay to the Board in addition to said fees, the sum of Two Hundred Fifty Dollars ($250.00). In the event any such burial association so fails or neglects to make returns or payments within sixty (60) days, the Board shall notify the burial association and its agents that they have no authority to do business in the state and the Board shall request the Attorney General to proceed to collect said fees and penalties and interest thereon, by an action at law.
Laws 1953, p. 133, § 14; Laws 1978, c. 222, § 2, eff. Oct. 1, 1978; Laws 1985, c. 142, § 2, emerg. eff. June 7, 1985; Laws 1992, c. 147, § 7, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-215. Injunction against continuation of business.

If the Board is of the opinion upon examination or from other evidence, that any burial association:
(1) is in an insolvent condition in that it fails and is unable to provide any burial benefit in accordance with the terms and conditions of its burial agreement, or
(2) has not complied with its articles of incorporation or agreement or the provisions of the law applicable to such association, or
(3) is not maintaining its trust fund according to the provisions of this act, or
(4) that its condition or management is such as to render its further proceedings or transaction of business hazardous to the public, or its members, or to its creditors, or
(5) that its treatment and dealings with its members and claimants are not equitable or just, or
(6) has not complied with, or has violated, a written rule or regulation or order promulgated or issued by the Board, it shall apply to the district court of Oklahoma County, through the Attorney General of the state, for an injunction restraining the burial association, in whole or in part, from further proceeding with its business. The court may issue an injunction forthwith and may, after notice to the association, and hearing held, make the injunction perpetual, and make all orders and decrees needful in the premises, and may appoint a person designated by the Board to act for and in its behalf as receiver to take possession of the property and effects of the association and to settle its affairs, subject to such rules and orders as the court from time to time may prescribe.
Laws 1953, p. 133, § 15.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-216. Application for receiver.

No person or party other than the Oklahoma State Board of Embalmers and Funeral Directors may appear in the courts of this state requesting the appointment of a receiver of a burial association.
Laws 1953, p. 134, § 16; Laws 1992, c. 147, § 8, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-217. Merger, consolidation or reinsurance.

(a) No burial association shall merge, consolidate, or reinsure all of its business with another burial association, except with the approval of the Oklahoma State Board of Embalmers and Funeral Directors.
(b) A copy of the agreement or document effecting such merger, consolidation, or reinsurance shall be filed with the Oklahoma State Board of Embalmers and Funeral Directors.
Laws 1953, p. 134, § 17; Laws 1992, c. 147, § 9, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-218. Burial agents, who are.

Any person, who for a consideration solicits, negotiates, or effects, or offers to solicit, negotiate, or effect, any burial agreement in this state for or on behalf of any burial association shall be a burial agent within the intent of this Act, and shall become subject to all the duties, requirements, obligations, liabilities and penalties imposed by this Act.
Laws 1953, p. 134, § 18.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-220. Application for burial agent license and proceedings thereon.

(a) Application for a burial agent license shall be made to the Board upon a form prescribed by the Board.
(b) Upon receipt of the application the Board shall promptly determine the general reputation and character of the applicant as to honesty, integrity, and responsibility. If the Board finds that the applicant would be a trustworthy person to hold a burial agent license and that the applicant otherwise qualifies under the provisions of this act, it shall issue a burial agent license to the applicant upon requisition by a burial association or associations.
(c) If the Board finds that the applicant does not qualify to hold a burial agent license, it shall so advise the applicant and at the same time forward to the applicant a full and complete statement of the reasons supporting such finding. The Board shall within fifteen (15) days after the applicant receives such statement grant a hearing on the matter upon receiving a written request from the applicant. The Board, at the conclusion of the hearing shall make its written findings, decision and order. Within twenty (20) days after being served with a copy of the written findings, decision and order, the applicant may appeal to the district court of Oklahoma County by filing with the clerk of the court a petition for review of the findings, decision and order, together with a certified copy of the proceedings of the Board. The court may review all the facts and, in disposing of any issue before it, may modify, affirm, or reverse the findings, decision and order of the Board, in whole or in part.
Laws 1953, p. 134, § 20.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-221. Issuance of agent's licenses on association's application - Fee - Renewals.

(a) Every burial association desiring to appoint a person as its agent shall apply to the Board, upon a requisition form prescribed by the Board, for a burial agent license for said person. The requisition of the burial association shall be accompanied by a burial agent license fee of Ten Dollars ($10.00) for such agent.
(b) If the person designated by the association has qualified to hold a burial agent license, the Board shall issue a burial agent license to such person. The burial agent license issued by the Board shall be in the form prescribed by the Board, provided the same may be of a continuous form, and shall recite that the agent is authorized to engage in the business as a burial agent for said burial association. Every burial agent license shall expire on the following June 30th, unless sooner renewed.
(c) Prior to the 30th day of June of each year every burial association shall file with the Board, upon a requisition form, an alphabetical list of all its agents whose burial agent licenses it desires to renew and at the same time pay to the Board a renewal license fee of Ten Dollars ($10.00) for each agent.
(d) Upon the renewal of each burial agent license the Board shall prepare, issue and forward a renewal receipt to the association which shall forward the same to the agent. The renewal receipt shall evidence the renewal of the burial agent license and shall at all times be in the custody of the agent. Every burial agent license for which there has been filed a renewal requisition and license fee paid prior to its expiration date, shall continue in force and effect until a renewal receipt has been issued or the agent and the association have received notice from the Board that it has specifically refused to renew the burial agent license as hereinafter provided.
(e) The burial agent license fee shall be paid by the association making the requisition and such association shall not, directly or indirectly, charge the same to the agent.
Amended by Laws 1985, c. 142, § 3, emerg. eff. June 7, 1985.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-222. Revocation or refusal to renew agent's license.

(a) The Board may revoke or refuse to renew any burial agent license, if, after a hearing held, the Board finds:
(1) That the agent has obtained or attempted to obtain any burial agent license through willful misrepresentation or fraud.
(2) That the agent has materially misrepresented the terms, conditions, benefits or effect of any burial agreement, or the financial condition or manner of doing business of any burial association.
(3) That the agent has been convicted, by final judgment, of a felony.
(4) That the agent has misappropriated or withheld from a burial association or burial agent any money or property received or collected by him for such burial association or burial agent.
(5) Any cause for which issuance the burial agent license could have been refused had it then existed and had been known to the Board.
(6) That the agent has willfully violated any provisions of this act.
(b) The holder of any burial agent license which has been revoked or renewal refused for cause by the Board, or cancelled by a burial association, shall surrender the same and the last renewal receipt to the Board upon receiving notice of revocation or refusal or cancellation.
(c) The Board, may, if it finds that extenuating and mitigating circumstances exist, issue an order suspending its order of refusal to renew, or revocation of, any burial agent license and placing the agent on probation under such conditions and for such period of time as it deems necessary. In the event the agent violates or fails to comply with the conditions of the probation the Board shall, after notice to the agent and a summary hearing, have the authority to cancel the probation and to revoke the burial agent licenses held by the agent.
(d) No person shall be issued a burial agent license for a period of three (3) years after the Board has issued an order revoking or refusing to renew such person's burial agent license.
Laws 1953, p. 135, § 22.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-223. Procedure for revocation or refusal to renew agent's license.

A hearing before the Board for the purpose of revoking or refusing to renew a burial agent license shall be had only upon a sworn complaint signed by a complainant, or a show cause order issued by the Board, after a copy thereof has been served on the agent and the burial associations for which the agent is licensed or which have made requisition for such agent.
(1) The sworn complaint and the show cause order shall be concise and definite in such a manner so as to apprise the agent of the nature of the charge.
(2) The agent and the interested burial associations shall be served at least ten (10) days prior to the date of the hearing.
(3) Formal rules of procedure or evidence need not be observed by the Board in the conduct of the hearing.
(4) At the expense of and at the written request seasonably made by an interested party, the Board shall cause a full stenographic record of the proceedings to be made by a competent stenographic reporter, and if transcribed such record shall be made a part of the Board's record of the hearing.
(5) The Board at the conclusion of the hearing shall make its written findings, decision and order, and a copy thereof shall be served on all interested parties.
(6) Any party aggrieved by any findings, decision or order of the Board, may appeal within twenty (20) days after receipt of the findings, decision and order to the district court of Oklahoma County by filing with the clerk of said court a petition for review of such findings, decision and order, together with a certified copy of the proceedings of the Board. The court shall determine whether the appeal shall operate as a stay of the order of the Board. The court may review all the facts and, in disposing of any issue before it, may affirm, modify, or reverse the findings, decision or order of the Board in whole or in part.
Laws 1953, p. 136, § 23.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-224. Burial agreements issued only through resident agents.

(a) No burial agreement shall be issued or delivered in this state by a burial association unless through its licensed resident agent.
(b) No burial association or burial agent shall pay, allow or give, directly or indirectly, any money, commissions, or other valuable consideration to any person, who, in this state, solicits, negotiates, or effects a burial agreement unless such person held a burial agent license with the burial association that issued the agreement at the time of the soliciting, negotiating, or effecting such agreement.
Laws 1953, p. 136, § 24.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-225. Solicitors deemed agents of association.

Any person who shall solicit and shall procure an application for a burial agreement shall, in all matters relating to such application and the agreement issued in consequence thereof, be regarded as the agent of the burial association issuing the agreement and not the agent of the applicant or member.
Laws 1953, p. 136, § 25.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-226. Depositions, witnesses and evidence.

(a) In any proceeding arising under this act, any member of the Board, or any interested party, may take depositions as in civil proceedings and the Board may, on its own motion, and shall, upon request of any interested party, subpoena witnesses or documentary evidence, administer oaths, and examine under oath any individual relative to any hearing or investigation under this act. The subpoena may be served anywhere in the state and the service thereof shall not be limited to the county wherein the Board is located.
(b) The subpoena shall have the same force and effect and shall be served in the same manner as if issued from a court of record.
(c) Witness fees and mileage, if claimed, shall be allowed the same as for testimony in a court of record. Witness fees and mileage shall be paid by the Board, or by the person who requests the hearing.
(d) If any person fails to obey the subpoena, or obeys the subpoena but refuses to testify when required, the Board shall file a written report thereof and proof of service of the subpoena with the clerk of the district court in the county where the person resides or may be. Thereupon, the court shall forthwith cause the person to be brought before the court to show cause why he should not be punished the same as if he had failed or refused to obey a subpoena from or give testimony in such court.
Laws 1953, p. 136, § 26.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-227. Application of law to existing associations.

(a) The provisions of this Act shall apply to every burial association, corporation, partnership or person now engaged in the business of burial insurance or that hereafter engages in the business of burial insurance, which have not been issued a license to do business in the State by the Insurance Commissioner or the State Fraternal Board.
(b) Every such burial association doing business in this state on the operative date of this Act shall within thirty (30) days thereafter comply with the provisions of this Act as a condition precedent to the continuation of doing business in this state.
Laws 1953, p. 137, § 29.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-230. Effective date - Exemption of certain existing associations - Bond of Treasurer.

The operative date of this Act shall be June 1, 1953. Provided that the provisions of this Act shall not apply to an association which has been issuing the individual certificate, and individual certificate only, prior to January 1, 1943, and which organization was organized pursuant to the provisions of Section 10453, Oklahoma Statutes, 1931, and any such association now operating, which is nonprofit-sharing in its operation and pays no fees or salaries to any of their officers and have no capital stock and provides a burial out-fit and burial, the total value of which shall not exceed Two Hundred Dollars ($200.00) to those entitled thereto under the said certificate, and which associations do not make an assessment against their members until and unless the fund on hand derived from membership fees or assessments in the treasury of said association would only pay for the burial of six adults entitled to a burial by said association, shall be exempt from the operations and effect of the Insurance Laws of the State of Oklahoma, and shall not be required to comply with the Insurance laws of said state; provided that the money collected by such association or associations shall be held as a trust fund for the benefit of the beneficiaries and that at least seventy-five percent (75%) of the membership fees collected from the memberships shall be accounted for and paid into this fund, and that all of any future assessments or memberships shall be paid into this fund.
That the treasurer of said association be required to file with the court clerk of the county in which the association is organized a surety bond running in the name of "The State of Oklahoma;" said bond to be approved by the court clerk of said county, and to be conditioned that the funds of the association will be held and applied as a trust fund to be paid out only in accordance with the purposes of the association, which bond shall at all times equal the amount of the trust fund on hand in such association, and in no event to be less than Two Thousand Dollars ($2,000.00).
Laws 1953, p. 137, § 32.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-230.1. Dissolution of burial association.

A. At a meeting of the burial association held in accordance with the bylaws of such association, the burial association may vote to dissolve the association.
B. Upon the affirmative order of the burial association, the burial association shall be deemed dissolved. The board of directors of the burial association shall file notice of such dissolution with the Secretary of State.
C. All debts, liabilities and obligations of the association shall be paid and discharged upon the dissolution of the burial association. The association shall issue a certificate of guarantee for the full amount of the policy to each beneficiary. The certificate of guarantee may be redeemed for goods and services only at the time the death of the beneficiary occurs and shall not be redeemed for cash.
D. Upon filing with the Secretary of State of notice of dissolution, the association shall cease to carry on its business except insofar as may be necessary for the winding up thereof.
E. Each member of the burial association shall be notified of the dissolution of the association.
F. The Oklahoma State Board of Embalmers and Funeral Directors shall be provided notice within ten (10) days of the dissolution of any association. A list of all members who have been provided certificates of guarantee shall be provided to the Oklahoma State Board of Embalmers and Funeral Directors and will be maintained in the records of the Oklahoma State Board of Embalmers and Funeral Directors.
G. Upon request of notice of dissolution and compliance with the provisions of this section, the Secretary of State shall issue a certificate of dissolution for the association.
Added by Laws 1992, c. 147, § 3, eff. July 1, 1992.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-230.2. Dissolution of unincorporated burial association.

A. At a meeting of an unincorporated burial association, pursuant to such procedural rules or practices as have been observed or adopted by the association, the members may vote to dissolve the association.
B. If the vote to dissolve is affirmative, the officers of the association shall, within ten (10) days of the action, notify all members of the association and shall provide the Oklahoma State Board of Embalmers and Funeral Directors notice of the action taken. Within thirty (30) days, the officers shall furnish to the Board a list of the names and last-known addresses of the beneficiaries.
C. Upon discharging all debts, liabilities, and obligations of the association, the officers shall so notify the Board, whereupon the association shall cease to exist.
Added by Laws 1999, c. 63, § 1, eff. Nov. 1, 1999.
2023 Oklahoma Statutes › Title 8. Cemeteries › §8-231. Violations of act - Punishment.

Any corporation, association, or director, trustee, officer, employee, agent or representative thereof, or any other person, who willfully violates any provisions of this act shall be guilty of a misdemeanor and shall be subject to a fine of not less than Fifty Dollars ($50.00) and not more than Five Hundred Dollars ($500.00) for each offense.
Laws 1953, p. 138, § 33.
2023 Oklahoma Statutes › Title 10. Children › §10-6.5. Use of certain words in reference to children born out of wedlock prohibited.

A. On and after the date upon which this act becomes operative, the designations "illegitimate" or "bastard" shall not be used to designate a child born out of wedlock.
B. No person, firm, corporation, agency, organization, the State of Oklahoma nor any of its agencies, boards, commission officers or political subdivisions, nor any hospital, nor any institution supported by public funds, nor any employee of any of the above, shall use the term "illegitimate" or "bastard" in referring to or designating any child born on or after the operative date of this act.
Laws 1974, c. 297, § 1, operative July 1, 1974.
2023 Oklahoma Statutes › Title 10. Children › §10-21.10. Child assessment in voluntary out-of-home placement.

A. Upon any voluntary out-of-home placement of a child by a parent into foster care with a child-placing agency, the child-placing agency shall conduct an assessment of the child in its custody which shall be designed to establish an appropriate plan for placement of the child. Following the assessment, the child-placing agency shall establish an individual treatment and service plan for the child. A copy of each plan shall be provided to the child if the child is twelve (12) years of age or older and to the child’s parent or guardian. The plan shall at a minimum:
1. Be specific;
2. Be in writing;
3. Be prepared by the agency in conference with the child’s parents;
4. State appropriate deadlines;
5. State specific goals for the treatment of the child;
6. Describe the conditions or circumstances causing the child to be placed in foster care;
7. Describe the services that are necessary to remedy and that have a reasonable expectation of remedying the conditions or circumstances causing the child to be placed in foster care;
8. State to whom the services will be delivered and who will deliver the services; and
9. Prescribe the time the services are expected to begin and the time within which expected results can reasonably be accomplished.
B. The child shall receive a complete medical examination within thirty (30) days of placement in foster care.
C. The child may receive such further diagnosis and evaluation as is necessary to preserve the physical and mental well-being of the child.
D. Subsequent to initial placement, the child placed in foster placement shall have a medical examination, at periodic intervals, but not less than once each year.
E. Prior to any proposed counseling, testing, or other treatment services, the court or child-placing agency shall first determine that the proposed services are necessary and appropriate.
F. If the assessment and medical examination disclose no physical, mental, or emotional reasons for therapeutic foster care, a child voluntarily placed with a child-placing agency shall be placed in a regular foster family home. If therapeutic foster care is required, the child may be placed only in foster homes that are certified as therapeutic foster homes pursuant to the Oklahoma Child Care Facilities Licensing Act.
Added by Laws 2009, c. 233, § 110, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10. Children › §10-24.1. Appointment of volunteer attorneys for indigent children not entitled to representation by Indigent Defense System.

Effective July 1, 1996, the duties and responsibilities for legal representation to indigent children who are subject to any proceeding or appeal provided for in the Oklahoma Children's Code, mental health proceeding and appeal, guardianship proceeding and appeal, private termination of parental rights proceeding and appeal, family law proceeding and appeal addressing custody or visitation and appeal, civil case in which the child is a defendant, criminal proceeding for a crime in which the child was a victim, and in-need-of-supervision proceeding shall no longer be provided by the Indigent Defense System, but shall be provided by volunteer attorneys appointed by the court pursuant to subsection K of Section 1355.8 of Title 22 of the Oklahoma Statutes.
Added by Laws 1996, c. 301, § 2, eff. July 1, 1996. Amended by Laws 2009, c. 233, § 6, emerg. eff. May 21, 2009.
2023 Oklahoma Statutes › Title 10. Children › §10-40.1. Purpose - Policy of state.

The purpose of the Oklahoma Indian Child Welfare Act is the clarification of state policies and procedures regarding the implementation by the State of Oklahoma of the federal Indian Child Welfare Act, P.L. 95-608. It shall be the policy of the state to recognize that Indian tribes and nations have a valid governmental interest in Indian children regardless of whether or not said children are in the physical or legal custody of an Indian parent or Indian custodian at the time state proceedings are initiated. It shall be the policy of the state to cooperate fully with Indian tribes in Oklahoma in order to ensure that the intent and provisions of the federal Indian Child Welfare Act are enforced.
Added by Laws 1982, c. 107, § 2, emerg. eff. April 6, 1982. Amended by Laws 1994, c. 30, § 1, eff. Sept 1, 1994.
2023 Oklahoma Statutes › Title 10. Children › §10-40.2. Definitions.

For the purposes of the Oklahoma Indian Child Welfare Act:
1. "Indian" means a person who is a member of an Indian tribe;
2. "Indian child" means any unmarried or unemancipated person who is under the age of eighteen (18) and is either:
a.
a member of an Indian tribe, or
b.
is eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe;
3. "Indian custodian" means any Indian person who has legal custody of an Indian child under tribal law or custom or under state law or to whom temporary physical care, custody and control has been transferred by the parent of such child; and
4. "Indian tribe" means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for the services provided to Indians by the Secretary of the Interior because of their status as Indians.
Added by Laws 1982, c. 107, § 3, emerg. eff. April 6, 1982.