reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-41 - Settlement conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-42 - Withdrawal and dismissal [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-43 - Motions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-44 - Rulings as final orders [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-45 - Hearings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-46 - Orders [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-47 - Issuance or denial of permit [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-1 - Purpose and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The rules in this Subchapter are intended to establish
				time periods for issuance or denial of licenses that are required by
				law.
(b)
Licenses
				included.
The provisions of this Subchapter apply to licenses reviewed
				by the Consumer Protection Division or the Occupational Licensing Division,
				both within Consumer Health Service.
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Amended at 12 Ok
				  Reg 2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency);
				  Amended at 16 Ok Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Administratively complete"
means an application
				  that contains the information specified in the application form and rules in
				  sufficient detail to allow the Department to begin regulatory review.
"Application"
means a document prepared in
				  accordance with the rules and the forms and instructions provided by Consumer
				  Health Service and submitted with the expectation of providing that information
				  necessary for review and determination of the permit. The application consists
				  of the initial submittal and all supplements.
"Division"
means those portions of the
				  Department that are specified in Section
				  310:2-11-1
				  and are part of Consumer Health Service.
"Submittal"
means each separately submitted
				  document or document package that forms a part of an application.
"Supplement"
means a response to a request for
				  additional information following completeness and regulatory reviews, and
				  information submitted voluntarily by the applicant.
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Amended at 16 Ok
				  Reg 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-3 - Application submittal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application forms.
Each Division will make available to the
				public, for each type of permit or license required, a detailed, comprehensive
				application package, including rules, forms, checklists, instructions and
				guidance.
(b)
Filing.
Applications and submittals are filed with the respective Division.
(c)
Format.
Each submittal must
				be complete and legible, so required information can be easily found and to
				clearly preserve the chronology.
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Amended at 16 Ok
				  Reg 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-4 - Application processing and review

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing of applications.
Unless otherwise provided in this
				Subchapter, upon the receipt of an application and the proper fee, each
				Division will:
(1) file-stamp the application
				with the date of receipt, the Division name and the application number;
				and
(2) assign each application to
				a named person who will do the review. This information will be timely
				logged.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-5 - Pending failures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Circumstances outside agency control.
Review times may be
				tolledwhen the Commissioner certifies that a failure to meet a deadline is
				imminent and is caused by circumstances outside the control of the Department.
				Such circumstances include, but are not limited to, acts of God, a substantial
				and unexpected increase in the number of applications filed, or additional
				review duties imposed on the Department from an outside source.
(b)
Other circumstances.
When
				the Department is unable to meet an application deadline for reasons within its
				control, the applicant can agree to an extension or withdraw the application
				and receive a refund for the application fee, unless the refund is prohibited
				by law.
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Amended at 16 Ok
				  Reg 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-10 - Air Quality permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 12 Ok
				  Reg 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-11 - Consumer Protection permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 16 Ok
				  Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-12 - Hazardous Waste permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 12 Ok
				  Reg 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-13 - Occupational Licensing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 16 Ok
				  Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-14 - Solid Waste permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 12 Ok
				  Reg 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-15 - Water Quality permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 12 Ok
				  Reg 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 11 - Consumer Health Service License Processing Times › Section 310:2-11-16 - Other permits [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 95,
				  eff 10-13-92 (emergency); Added at 10 Ok Reg 1721, eff 7-1-93; Revoked at 16 Ok
				  Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 13 - Pollution Complaint Processing [REVOKED] › Section 310:2-13-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 1721,
				  eff 7-1-93; Revoked at 16 Ok Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok
				  Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 13 - Pollution Complaint Processing [REVOKED] › Section 310:2-13-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 1721,
				  eff 7-1-93; Revoked at 16 Ok Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok
				  Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 13 - Pollution Complaint Processing [REVOKED] › Section 310:2-13-3 - Referral to environmental agency with jurisdiction [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 1721,
				  eff 7-1-93; Revoked at 16 Ok Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok
				  Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 13 - Pollution Complaint Processing [REVOKED] › Section 310:2-13-4 - Notification to complainant [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 1721,
				  eff 7-1-93; Revoked at 16 Ok Reg 901, eff 1-5-99 (emergency); Revoked at 16 Ok
				  Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 15 - Application Forms › Section 310:2-15-1 - Required descriptions of forms

Current through Vol. 41, No. 20, July 1, 2024
The descriptions of application forms in OAC 310:2-15 are
				  presented to comply with the Oklahoma Administrative Procedures Act, 75 O.S.,
				  § 302.
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 15 - Application Forms › Section 310:2-15-2 - Uniform application for credentialing of providers

Current through Vol. 41, No. 20, July 1, 2024
(a) The application described in OAC
				310:002-15-2(b) is intended for use pursuant to Title 63 O.S. Supp. 1998,
				Section
				1-106.2.
(b) The uniform application for credentialing
				of providers requests the following:
(1)
				personal information;
(2)
				education, including medical, dental and professional schools;
(3) training, including internships,
				residencies, fellowships and preceptorships;
(4) professional licenses;
(5) certifications and
				registrations;
(6) academic
				appointments;
(7) health care
				affiliations;
(8) other
				professional work history;
(9)
				current professional practice;
(10)
				office billing information;
(11)
				attestation;
(12) copies of
				required documents; and
(13) any
				additional information needed to answer all questions fully.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 15 - Application Forms › Section 310:2-15-3 - Uniform Employment Application for Nurse Aide Staff

Current through Vol. 41, No. 20, July 1, 2024
(a) The application described in OAC
				310:2-15-3 is required for use pursuant to 63 O.S. § 1-1950.4 and shall be
				used for the purposes set forth in that statute.
(b) The uniform employment application for
				nurse aide staff requires the following:
(1)
				personal information;
(2)
				employment desired;
(3) U.S.
				military record;
(4) prior work
				history;
(5) educational
				background;
(6)
				certification;
(7)
				references;
(8) background
				information;
(9) applicant's
				employment application certification and agreement;
(10) previous certified nurse aide
				training;
(11) applicant's
				signature certifying no previous conviction and authorizing criminal history
				record checks; and
(12) Any
				additional information needed to answer all questions
				fully.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-4

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-5

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-6

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-7

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-8

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-9

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-10

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 17 - Local Public Health Enhancement Grants › Section 310:2-17-11

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff
				  5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 19 - Procedures for Determining Agency Cost Allocation to the Construction Industries Board › Section 310:2-19-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 2041,
				  eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 19 - Procedures for Determining Agency Cost Allocation to the Construction Industries Board › Section 310:2-19-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 2041,
				  eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 19 - Procedures for Determining Agency Cost Allocation to the Construction Industries Board › Section 310:2-19-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 2041,
				  eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 19 - Procedures for Determining Agency Cost Allocation to the Construction Industries Board › Section 310:2-19-4

Current through Vol. 41, No. 20, July 1, 2024
Added at 19 Ok Reg 2041,
				  eff 6-27-02
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-1 - Purpose and scope of Rules

Current through Vol. 41, No. 20, July 1, 2024
These rules are promulgated to provide due process to parties
				  appearing before the Department and are not to be construed inconsistently with
				  the Oklahoma Administrative Procedures Act. The assigned administrative law
				  judge has the discretion to waive, supplement or modify any requirement of the
				  applicable law or rule of procedure where permitted by law and when the
				  administration of justice requires.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-2 - Initiating an individual proceeding

Current through Vol. 41, No. 20, July 1, 2024
(a)
In general.
Individual proceedings may be initiated before the
				Department by filing with the Office of Administrative Hearings a Petition,
				administrative order executed by the Commissioner or his designee, or other
				instrument which seeks any relief authorized by law to be granted by the
				Department.
(b)
Proceedings
				initiated by Petition.
Each Petition shall name the Respondent
				and include a statement of the legal authority and jurisdiction under which the
				proceeding is to be held, a reference to the particular sections of the
				statutes and rules involved, a short and plain statement of the matters
				asserted giving a right to relief, the relief requested, and, unless provided
				in a separate written Notice of Hearing, the time, place and nature of the
				hearing. If the Department is unable to give a short and plain statement of the
				matters asserted at the time the notice is served, the initial notice may be
				limited to a statement of the issues involved.
[75 O.S. §
									309
				]
(c)
Proceedings initiated
				by an administrative order.
Proceedings initiated by an administrative
				compliance order issued pursuant to 63 O.S. § 1-1701.1(A) must satisfy the
				requirements of that statue, the APA and this Chapter. If Section 1-1701.1(A)
				conflicts with provisions of the APA or this Chapter then Section 1-1701.1(A)
				shall control. Proceedings initiated by any other administrative order must
				comply with the APA and this Chapter.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-3 - Notice of Hearings

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner, the Chief Administrative Law Judge or the
				  assigned administrative law judge shall schedule the date, time and place of
				  any hearing in accordance with these rules. The Hearing Clerk shall notify the
				  parties. The initial hearing shall be scheduled at least thirty (30) days after
				  the date of service of the petition. The parties may agree to an earlier date.
				  If a specific law requires a hearing in fewer days, that statute shall be
				  followed. If an emergency exists, a hearing may be conducted without the filing
				  of a petition and without prior notice to the Respondent. When such emergency
				  hearing is held the Respondent shall be afforded a hearing within ten (10) days
				  of the issuance of an emergency order to contest such an
				  order.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-4 - Service of instruments initiating an administrative proceeding

Current through Vol. 41, No. 20, July 1, 2024
Any instruments initiating an administrative proceeding must
				  be served on every named Respondent by either personal service, certified mail,
				  return receipt requested, restricted delivery, or issuing a report by
				  hand-delivery. If service is being sent by certified mail, return receipt
				  requested, and the intended Respondent refuses to sign the return receipt or
				  otherwise does not sign or is unavailable to sign and accept service through
				  the certified mail at the address identified on Department records, then
				  Respondent is deemed to have been served, If service is by personal service,
				  the person serving the instrument initiating an administrative proceeding shall
				  file proof of service with the Hearing Clerk within twenty (20) days of service
				  or before the date of the first hearing, whichever is sooner. If an inspection
				  is performed, the report and/or the notice to correct violations issued by the
				  inspectors/sanitarians to the license holder or to the person in charge,
				  requesting a signed acknowledgement of receipt of the report or notice, shall
				  constitute service of the report and/or notice. Acknowledgement in writing by
				  the Respondent or appearing at the hearing without objection to service is
				  equivalent to service.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-5 - Service of other papers and documents

Current through Vol. 41, No. 20, July 1, 2024
Service of all other documents and papers connected with an
				  individual proceeding shall be served on the parties or their counsel by
				  delivering a copy or mailing a copy by first class mail, postage
				  prepaid.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-6 - Responsive pleadings

Current through Vol. 41, No. 20, July 1, 2024
Any party served with a petition, an application for an
				  administrative fine, an administrative order or other instrument providing
				  notice of a claim or defense to a claim initiating an individual proceeding
				  before the Department shall file a written response or answer within twenty
				  (20) days of receipt of the petition, application, order or other instrument
				  initiating an individual proceeding. The original of the response must be filed
				  with the Hearing Clerk of the Office of Administrative Hearings and a copy must
				  be delivered or mailed to all other parties by 5:00 p.m. on the 20th day.
				  Delivery to other parties must be made in person, by process server, or may be
				  sent by certified mail, return receipt requested, restricted delivery. Every
				  defense, in law or fact, to a claim for relief in any petition, application or
				  administrative order initiating an administrative proceeding shall be asserted
				  in the responsive pleading.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-7 - Appearance of parties

Current through Vol. 41, No. 20, July 1, 2024
(a) A party in any
				proceeding before the Department may appear pro se, by an attorney licensed to
				practice law in Oklahoma, by an out-of-state attorney admitted to practice
				before the Department pursuant to rules of the Oklahoma Bar Association, or by
				a licensed legal intern. Provided further, corporate entities, limited
				liability companies, other business entities and governmental units or entities
				may appear only by an attorney as provided within this subsection.
(b) Attorneys who will appear before the
				Department on behalf of a party shall notify the Office of Administrative
				Hearings of their appearance by filing an entry of appearance.
(c) Any other attorney who files an entry of
				appearance on behalf of any party in the case or who is identified as a
				substitute attorney pursuant to a notice of substitution of attorney shall also
				be considered an attorney of record. The Department shall send notices to all
				attorneys of record until a substitution of attorney has been filed or an
				Application for Leave to Withdraw as Attorney has been filed and granted by the
				administrative law judge assigned to a case. Various attorneys may appear
				before the Department in a matter, but notice shall be sent only to those
				attorneys who are an "attorney of record" as defined in this
				subsection.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-8 - Ex parte communications

Current through Vol. 41, No. 20, July 1, 2024
Communication with the assigned administrative law judge or
				  his office regarding scheduling and procedural matters is permitted. A lawyer
				  shall have no ex parte communication on the substance of a pending matter or
				  proceeding with the assigned administrative law judge.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-9 - Initial scheduling conference

Current through Vol. 41, No. 20, July 1, 2024
The Chief Administrative Law Judge or the assigned
				  administrative law judge may set the dates for appearances and deadlines in a
				  Scheduling Conference Order or in his discretion schedule a scheduling
				  conference to be attended by the parties. The Chief Administrative Law Judge or
				  the assigned administrative law judge may authorize such to occur by
				  teleconference. The subjects and objectives of scheduling conferences shall be
				  similar to those for pretrial proceedings in the district
				  courts.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-10 - Pre-hearing procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
All matters pending before the Office of Administrative
				Hearings are subject to pre-hearing procedures determined by the assigned
				administrative law judge to be appropriate for a prompt and efficient
				resolution to matter. At least one pre-hearing conference will routinely be
				ordered unless the assigned administrative law judge determines the same to be
				unnecessary.
(b)
Pre-hearing
				Conference procedure.
The assigned administrative law judge shall
				provide notice to the parties of the date, time, and place of any pre-hearing
				conference at least ten (10) days prior to the scheduled date. The conference
				shall be informal, structured by the assigned administrative law judge, and not
				open to the public. If a record is deemed advisable by the assigned
				administrative law judge or requested by the parties, the conference may be
				recorded by audio tape and/or transcribed by a court reporter at the requesting
				party's expense. The pre-hearing conference shall be used to resolve any
				dispute or matter the resolution of which would promote the orderly and prompt
				conduct of the pre-hearing process or the hearing on the merits. The
				administrative law judge shall issue an order reciting any agreements made by
				the parties as to any matter considered. No witnesses shall appear or present
				evidence. The assigned administrative law judge may convert a pre-hearing
				conference into a scheduling conference, which may be held
				telephonically.
(c)
Final
				Pre-hearing Conference.
The assigned administrative law judge may hold
				more than one pre-hearing conferences or a final pre-hearing conference to
				formulate the final plan to streamline the hearing on the merits. If a final
				pre-hearing conference is ordered, the attorneys and any unrepresented parties
				shall confer prior to the final pre-hearing conference and prepare a single
				suggested Pre-hearing Conference Order for use during the conference and the
				hearing on the merits. Any party unable to secure the cooperation of another
				party may submit their own Proposed Final Pre-hearing Conference Order and, if
				the other party's cooperation is shown to be without cause, request that the
				other party's Proposed Final Pre-hearing Conference Order be stricken. The
				Final Pre-hearing Conference Order may follow substantially the form provided
				in Rule 5 of the Rules for District Court, 12, O.S., Ch.2, App. Such order,
				when entered, controls the subsequent course of the proceeding, unless modified
				to prevent manifest injustice. The assigned administrative law judge may waive
				the requirement of a pre-hearing conference order unless such order is
				requested by a party.
Added at 24 Ok Reg 1896,
				  eff 6-25-07; Amended at 27 Ok Reg 2496, eff
				  7-25-10
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-11 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
Each party is entitled to a single continuance of the hearing
				  on the merits upon request submitted at least three (3) days in advance of the
				  hearing unless exigent circumstances make such notice impractical. Additional
				  continuances may be granted only upon good cause. Motions for a continuance
				  based upon cause shall be in writing and filed with the Hearing Clerk with a
				  copy to the parties and the assigned administrative law judge. A motion for a
				  continuance shall state the reason(s) for the request and specify the length of
				  time requested.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-12 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance.
Subpoenas for the
				attendance of witnesses, the furnishing of information and the production of
				evidence shall be issued by the Office of Administrative Hearings upon request
				by a party. The requesting party must submit the subpoena to the hearing clerk
				to be issued. Filing a formal request for the issuance of subpoenas shall not
				be required. Subpoenas shall be served and a return made in the same manner as
				provided in the Oklahoma Pleading Code.
(b)
Failure to obey.
The
				Commissioner or Petitioner may seek an appropriate judicial proceeding to
				compel compliance by persons who fail to obey a subpoena, who refuse to be
				sworn or make an affirmation at a hearing or who refuse to answer a proper
				question during a hearing. The hearing shall proceed despite any such refusal
				but the assigned administrative law judge may, in his discretion at any time,
				continue the proceedings as necessary to secure a court ruling.
(c)
Motions to quash.
Motions to
				quash subpoenas may be filed with the Office of Administrative Hearings and may
				be decided by the assigned administrative law judge or the Chief Administrative
				Law Judge.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-13 - Record

Current through Vol. 41, No. 20, July 1, 2024
(a)
To be made.
An electronic
				recording of the hearing proceedings shall be made. The recording will not be
				transcribed as a matter of course. The Department's electronic recording of the
				hearing shall be the official record of the individual proceeding. Copies of
				the official record shall be provided to a party upon written
				request.
(b)
Court
				reporter.
A party may have the proceeding, or any part thereof,
				transcribed by a certified court reporter at the expense of the party. Each
				party requesting copies shall make such arrangements with a reporter, including
				costs, as required. The parties may agree to have the proceedings recorded and
				memorialized by a certified court reporter or may file a transcript prepared by
				a certified court reporter as a supplemental aid to the official
				record.
(c)
Maintained.
The record of a proceeding and the file containing the
				notices and the pleadings will be maintained in a location designated by the
				Office of Administrative Hearings. All pleadings, motions, orders and other
				papers submitted for filing in such a proceeding shall be date/file-stamped by
				the Hearing Clerk upon receipt. The burden of showing substantial prejudice by
				any failure to correctly file-stamp any submission shall be upon the party
				asserting same.
(d)
Designation on appeal.
On appeal, the parties may designate and
				counter-designate portions of the record pursuant to the APA.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-14 - Hearings open to the public

Current through Vol. 41, No. 20, July 1, 2024
All hearings conducted by the Department shall be open to the
				  public unless otherwise provided by law or these rules. The use of cameras or
				  other audio-visual recording equipment during a hearing may be permitted at the
				  discretion of the assigned administrative law judge.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-15 - Hearing procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
APA
				Governs.
The order of procedure in hearings in all individual
				proceedings shall be governed by the Oklahoma APA and this Chapter. At the
				hearing, each party may make a brief opening statement; present witnesses,
				documents and exhibits on its behalf; cross-examine adverse witnesses. The
				right to make a closing statement or argument shall be at the discretion of the
				assigned administrative law judge. The rules of evidence shall be those
				specified by the APA. At the discretion of the assigned administrative law
				judge, any party may reopen the case in chief, even after the adverse party has
				rested. Parties may stipulate to any lawful matter.
(b)
Rulings.
The assigned
				administrative law judge shall rule on the admissibility of evidence and
				objections to evidence, on motions or objections raised during hearings. All
				objections shall be made promptly or be deemed waived. Parties shall be deemed
				to have taken exception to any adverse ruling.
(c)
Standards of Proof.
The
				standard of proof in all individual proceedings affecting or prejudicing an
				individual's license, registration, permit, certification or other
				authorization to engage in a given livelihood or occupation shall be clear and
				convincing evidence. In all other matters the standard of proof shall be a
				preponderance of the evidence.
(d)
Findings and conclusions.
The assigned administrative law judge
				shall hear all evidence and arguments applicable in a case and shall prepare
				the final order in the proceeding, which shall include Findings of Fact and
				Conclusions of Law, separately stated. The record of the proceedings may be
				deemed to be closed when the parties announce that the matter has been fully
				submitted to the assigned administrative law judge. The assigned administrative
				law judge may allow the parties to submit briefs or proposed findings of fact
				and conclusions of law before ruling on the matter at issue. The assigned
				administrative law judge shall specify the time of filing and must rule on each
				proposed finding of fact and conclusion of law. The assigned administrative law
				judge may take the cause of action under advisement for a period not to exceed
				fifteen (15) days and will then issue a final order in writing to the
				parties.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-16 - Signatures upon documents filed or submitted

Current through Vol. 41, No. 20, July 1, 2024
(a) Any document, correspondence or order
				submitted to the Office of Administrative Hearings, or to any administrative
				law judge, shall be typed or printed legibly and shall bear the typed or
				printed name and the signature of the person who prepared the document or
				correspondence; the firm name if applicable; the complete mailing and office
				address, including the zip code; the telephone number, including the area code;
				and the assigned case number. If the document or correspondence has been
				prepared by an attorney, the attorney's Oklahoma Bar Association number shall
				also be listed.
(b) The signature
				of an attorney or party constitutes the following:
(1) a certification that the form, motion or
				other paper has been read;
(2) that
				to the best of the attorney's or party's knowledge, information and belief
				formed after reasonable inquiry, it is well grounded in fact and is warranted
				by existing law or a good faith argument for the extension, modification or
				reversal of existing law; and
(3)
				that it is not interposed for any improper purpose, such as to harass or to
				cause unnecessary delay or needless increase in the cost of
				litigation.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-18 - Default

Current through Vol. 41, No. 20, July 1, 2024
Any Respondent or other person who fails to appear as
				  directed, after service of the instrument initiating an administrative
				  proceeding as provided by these rules, may be determined to have waived the
				  right to appear and present a defense to the allegations contained in the
				  instrument that initiates the individual proceeding. A final order in such
				  proceeding may be issued by the assigned administrative law judge or the
				  Commissioner granting by default the relief prayed for in the
				  petition.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-19 - Final Order

Current through Vol. 41, No. 20, July 1, 2024
Following the hearing, the assigned administrative law judge
				  or hearing officer shall issue a Final Order resolving all of the issues
				  submitted by the parties or identified by the assigned administrative law judge
				  or hearing officer. The final order must comply with 75 O.S. §
									312
				  and contain findings of fact and conclusions of law. Parties shall be notified
				  by the Hearing Clerk either personally or by certified mail, return receipt
				  requested, of the issuance of a Final Order. Upon request, a copy of the order
				  shall be delivered or mailed to each party and to his attorney of
				  record.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-20 - Proposed Final Orders

Current through Vol. 41, No. 20, July 1, 2024
In any case or matter in which the Commissioner has decided,
				  or is required by law, to issue a Final Order the parties may submit a proposed
				  final order.
Added at 24 Ok Reg 1896,
				  eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 21 - Rules of Procedure Governing Individual Proceedings › Section 310:2-21-21 - Reconsideration

Current through Vol. 41, No. 20, July 1, 2024
Any party may petition for rehearing, reopening or
				  reconsideration of any decision in an individual proceeding within ten days of
				  its entry, pursuant to 75 O.S. §
									317.
				  Nothing shall prevent reconsideration of a matter in accordance with other
				  statutory provisions.
Added at 24 Ok Reg 1896,
				  eff 6-25-07