reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-10 - Order of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Appearances and default.
At the hearing, every party shall
				announce an appearance. An individual may appear on their own behalf or be
				represented by an attorney. A corporation must be represented by counsel. Any
				Respondent who fails to appear as directed, after service of the petition and
				notice of hearing 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
				petition, and the Hearing Officer may default the party and issue an order
				sustaining the allegations.
(b)
Preliminary matters.
The following shall be taken up prior to
				receiving evidence:
(1) The Office of the
				Attorney General and other parties may offer preliminary exhibits, including
				pleadings necessary to present the issues to be heard.
(2) Ruling shall be made on any pending
				motions, including requests for delivery of documents.
(3) Stipulations of fact and stipulated
				exhibits shall be received.
(4)
				Parties shall make opening statements where appropriate.
(5) Any other preliminary matters appropriate
				for disposition prior to offers of evidence.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-11 - Order

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance and services of final
				order.
Not more than twenty (20) calendar days after conclusion of the
				hearing, the Hearing Officer shall issue a proposed order with findings of fact
				and conclusions of law. If the Office of the Attorney General proves its
				allegations in the petition and notice by clear and convincing evidence, the
				Attorney General shall issue an order sustaining the allegations. If the Office
				of the Attorney General does not meet its burden, the Attorney General shall
				issue an order in favor of the respondent(s). The Attorney General shall file
				and serve the final order on respondent(s) by certified mail, return receipt
				requested.
(b)
Appeal.
A party may appeal a Final Order as provided in the APA.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-12 - Settlement

Current through Vol. 41, No. 20, July 1, 2024
Unless precluded by law, individual proceedings may be
				  resolved by agreed settlement or consent order, with the concurrence of the
				  Office of the Attorney General or the Hearing Officer.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-1 - Applicability of certification

Current through Vol. 41, No. 20, July 1, 2024
This subchapter applies to all entities which are subject to
				  certification by the Attorney General as set forth in 74 O.S. §
									18p-6.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-2 - Purpose of certification

Current through Vol. 41, No. 20, July 1, 2024
The purpose of certification is to assess a facility's
				  responsibility to the client, and delivery of acceptable services to the
				  client. Responsibility to the client is demonstrated through the provision of
				  suitable facilities, trained staff and needed services which are accessible,
				  safe and confidential. In addition to the above is the demonstration of the
				  willingness and ability of the governing authority and staff to provide the
				  planning, budgeting and management of resources necessary to the continued
				  existence and effectiveness of the facility/services.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-3 - Reviewing authority

Current through Vol. 41, No. 20, July 1, 2024
The Attorney General shall certify domestic violence
				  shelters, domestic violence programs, sexual assault programs, adult human sex
				  trafficking programs, or batterers intervention programs and direct that such
				  shall be carried out as stated in this subchapter.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Revoked and
				  reenacted at 28 Ok Reg 1903, eff 7-11-11
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-4 - Certification of facilities and programs and individuals

Current through Vol. 41, No. 20, July 1, 2024
Certification requires compliance with applicable Standards
				  and Criteria as set forth in Chapter 15, Chapter 25 and/or Chapter 30 of OAC
				  Title 75 regulating Standards and Criteria for Domestic Violence Programs,
				  Sexual Assault Programs, including programs serving Adult Victims of Sex
				  Trafficking, and Batterers Intervention Programs.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok
				  Reg 1834, eff 7-1-08; Revoked and reenacted at 28 Ok Reg 1903, eff
				  7-11-11
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-5 - Procedures for application for certification

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications for certification as a
				domestic violence shelter or program, sexual assault program, including
				programs serving adult victims of sex trafficking, or batterers intervention
				program must be made to the Office of the Attorney General in writing on a form
				and in a manner prescribed by the Attorney General and include the following:
(1) A fully completed application for
				certification form signed by authorized officials;
(2) The necessary written documentation or
				supporting evidence required on the application for certification form;
				and
(3) The required certification
				fee(s) in the form of a check or money order, payable to the Office of the
				Attorney General.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-6 - Procedures for completion of certification process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certification process.
Completion of the certification process will be done in cooperation between the
				applicant and certification team established and assigned by the Victims
				Services Unit of the Office of Attorney General, and consists of:
(1) a review of all application
				materials;
(2) a site review of the
				facility and completion of the applicable site visit protocol;
(3) a review of all applicable
				records;
(4) preparing
				certification reports for applicants;
(5) reviewing and approving any needed plans
				of correction;
(6) follow-up site
				reviews; and
(7) presentation by
				Victims Services Unit staff of the review results and associated
				recommendations to the Attorney General.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-7 - Duration of certification status

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Certification status of either "Certification with Commendation" or
				"Certification" shall be for the period of three (3) years.
(b) Conditional Certification granted to
				applicants for renewal shall be for a period not to exceed four (4) months.
				During that period, a follow-up site review will be conducted.
(c) Temporary Certification granted to
				applicants for initial certification shall be for a period not to exceed one
				year. During that period, a six (6) month follow-up site review will be
				conducted. In the event it is determined that the program is not making
				satisfactory progress toward achieving full compliance, a deficiency report
				will be completed and a plan of correction will be required. Plans of
				correction may require transition planning for current clients.
(d) Certification, Conditional, or Temporary
				Certification granted to an applicant shall become effective upon approval of
				the Attorney General.
(e)
				Certification is not transferable. A change of the ownership of a facility
				automatically terminates any certification status, requiring application for
				certification by the new ownership. If the certified facility is owned by a
				corporation the following applies:
(1) If the
				corporation is not-for-profit, a change in membership of the Board of Directors
				of more than fifty percent (50%) of the Directors in three (3) or fewer
				calendar months, unless such change was caused by the normal expiration of
				terms in accordance with the By-Laws of the Board of Directors, shall require
				the facility to be re-certified.
(2) If the corporation is other than
				not-for-profit, a change in the ownership of more than forty per cent (40%) of
				the stock in the corporation from the owners at the beginning of the period of
				certification shall require the facility to be recertified.
(3) It is the responsibility of the facility
				to notify the Office of the Attorney General of the occurrence of either of the
				conditions requiring recertification as set forth in (1) and (2) of this
				subsection; and to request the application materials for
				recertification.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-8 - Site reviews

Current through Vol. 41, No. 20, July 1, 2024
The Victims Services Unit may conduct a site review or visit
				  or an investigation, which may or may not be announced. Reasons for such review
				  include but are not limited to:
(1)
				determination of correction of cited deficiencies;
(2) receipt of a complaint;
(3) change in ownership, management or
				location;
(4) establishment of a
				new service location;
(5)
				substantial change in either the service provided or new service(s)
				initiated;
(6) substantial turnover
				in staff at the executive or professional level;
(7) change in statutorily required licensure
				status; and
(8) change in external
				accreditation status.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-9 - Basis for a decision to issue administrative sanction of suspension, or revocation

Current through Vol. 41, No. 20, July 1, 2024
(a) A determination
				that the certification status shall be reduced, suspended, or revoked or that a
				reprimand be issued, may be made upon the following basis:
(1) failure to comply with certification
				standards;
(2) failure to comply
				with appropriate statutory licensing provisions;
(3) violation of client rights or client
				confidentiality;
(4) endangerment
				of the safety, health, and/or the physical or mental well-being of a client
				served by the program;
(5) failure
				to comply with accreditation, inspection, safety, or building code regulations
				required by local, state, or federal authorities and laws;
(6) defrauding a client, potential client, or
				third party payer;
(7)
				inappropriate conduct by program staff or its governing authority;
(8) utilization of treatment techniques which
				endanger the safety, health, and mental health or physical well-being of
				program clients; or
(9) any other
				just cause.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-10 - Contingency for non-action by the Attorney General

Current through Vol. 41, No. 20, July 1, 2024
In the event the Attorney General is unable for any reason to
				  consider the certification in a timely manner, any current certification status
				  shall be automatically extended unless to do so would endanger the health,
				  welfare and safety of clients, and there would be a danger of imminent
				  harm.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 7 - Certification And Designation Of Domestic Violence Programs, Sexual Assault Programs, Including Programs Serving Adult Victims Of Sex Trafficking, And Batterers Intervention Programs › Section 75:1-7-11 - Reapplication following denial, suspension, revocation or denial of certification

Current through Vol. 41, No. 20, July 1, 2024
Reapplication for consideration of certification for any
				  program for which certification has been suspended, revoked, denied or not
				  renewed will not be accepted or considered unless at least three (3) months has
				  passed since issuance of a Final Order of suspension, revocation, denial or
				  nonrenewal.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-1 - Consumer request to be included in the registry

Current through Vol. 41, No. 20, July 1, 2024
(a) A consumer living or residing in
				  Oklahoma, or a care giver for a consumer living or residing in Oklahoma, may
				  request to be included in the no-telemarketing-sales-call registry, hereafter
				  "registry", by any of the following means:
(1)
				  Completing a written form prepared by the Attorney General for the purpose of
				  recording a consumer's request to be included in the registry. Consumers must
				  submit completed forms to the Attorney General at the address listed on the
				  form.
(2) Calling a toll-free
				  number established by the Attorney General for the purpose of recording a
				  consumer's request to be included in the registry.
(3) Accessing an internet site established by
				  the Attorney General for the purpose of recording a consumer's request to be
				  included in the registry.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-2 - Maintenance of registry in electronic form

Current through Vol. 41, No. 20, July 1, 2024
The Attorney General will maintain the registry in
					 electronic form through a computer database. The database shall consist of
					 information submitted by consumers who have requested to be included in the
					 registry.
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-3 - Deadlines to be included in the registry

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a properly submitted and verified request
					 to be included in the registry by the Attorney General, consumers' names and
					 telephone numbers included in the registry shall be circulated to telemarketers
					 in the quarter following the deadline for receipt of requests according to the
					 following schedule:
(1) January-March:
				  December 1
(2) April-June: March
				  1
(3) July-September: June
				  1
(4) October-December: September
				  1
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-4 - No fee to consumers

Current through Vol. 41, No. 20, July 1, 2024
Consumers will not be charged a fee to be included in the
					 registry.
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-5 - Verification of a consumer's request to be included in the registry

Current through Vol. 41, No. 20, July 1, 2024
The Attorney General will verify a consumer's request to be
					 included in the registry by one of the following methods:
(1)
Written requests.
Consumers
				  must sign and date the written form prepared by the Attorney General for the
				  purpose of recording a consumer's request to be included in the registry. A
				  consumer's signature will serve to verify a written request.
(2)
Telephonic requests.
After
				  submission of a telephonic request, a consumer must confirm the request and the
				  information provided by responding to a series of voice prompts through the
				  telephone keypad. A consumer's affirmative responses to the voice prompts will
				  serve to verify a telephonic request.
(3)
Online requests.
Online
				  requests to be included in the registry will be verified by electronic mail
				  from the Attorney General to the consumer. The electronic mail message shall
				  contain a request to contact the Attorney General by electronic mail, in
				  writing, or by toll-free number if the consumer did not intend to be included
				  in the registry.
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-6 - Effective duration of a consumer's request

Current through Vol. 41, No. 20, July 1, 2024
A request to be included in the registry shall remain in
					 effect for two years from the date the consumer is first included in the
					 registry. The request shall be automatically renewed at the end of two years
					 unless the consumer provides written notice to the Attorney General that the
					 consumer no longer wants to be included in the registry.
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-7 - Change of telephone number

Current through Vol. 41, No. 20, July 1, 2024
If a consumer's telephone number changes after the
					 consumer's initial request to be included in the registry, the consumer must
					 submit a new request to be included in the registry. The new request must be
					 submitted pursuant to these rules, and is subject to the deadlines
					 herein.
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 1 - ESTABLISHMENT AND MAINTENANCE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-8 - Removal from the registry

Current through Vol. 41, No. 20, July 1, 2024
(a) A consumer may
				  request to be removed from the registry by one of the following methods:
(1)
Written notice.
A consumer
				  may request to be removed from the registry by submitting a written notice to
				  the Attorney General. The written notice must be submitted on a form prepared
				  by the Attorney General and returned to the address listed on the form. For
				  verification, the form must be signed and dated by the consumer.
(2)
Telephonic notice.
A
				  consumer may request to be removed from the registry by calling a toll-free
				  telephone number established by the Attorney General. A consumer must confirm
				  the request by responding to a series of voice prompts through the telephone
				  keypad. A consumer's affirmative responses to the voice prompts will serve to
				  verify a telephonic request to be removed from the registry.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 2 - ACCESS AND USE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-9 - Fees and procedure for telemarketers to access the registry

Current through Vol. 41, No. 20, July 1, 2024
Any telemarketer, as defined in 15 O.S. Supp. 2002, §
					 775B.2(5), desiring to make unsolicited telemarketing sales calls to consumers
					 in Oklahoma may obtain access to the registry, subject to the limitations,
					 requirements and fees set forth below:
(1) A telemarketer's access to the registry
				  shall be limited to the names, telephone numbers, and dates of registration, of
				  consumers included in the registry.
(2) A telemarketer must execute a written
				  confidentiality agreement prepared by the Attorney General that restricts use
				  of the registry to the sole purpose of complying with 15 O.S. Supp. 2002,
				  §775B.6 as amended from time-to-time; prohibits transfer to a third party
				  of the telemarketer's access to the registry; and prohibits transfer to a third
				  party of any information compiled by the telemarketer through access to the
				  registry.
(3) Fees for accessing
				  the registry shall be $600.00 per year or $150.00 per quarter year. Such fees
				  must be submitted to the Attorney General before a telemarketer is given access
				  to the registry.
(4) A telemarketer
				  must submit a fully completed Request for Registry Access Form to the Attorney
				  General. Such forms will be prepared by the Attorney General and must be
				  returned to the address printed on the form. The following information must be
				  provided on the form:
(A) Name, address, and
				  phone number of telemarketer;
(B)
				  Name, address, and phone number of all affiliates and subsidiaries;
(C) Name, address, and phone number of all
				  trade, assumed, or fictitious names used by the telemarketer;
(D) Name, address, and phone number of the
				  person to be contacted by the Attorney General with any questions concerning
				  the request or complaints;
(E) Name
				  and address of service agent;
(F)
				  Description of telemarketer's commercial purpose, including goods and services
				  offered for sale by the telemarketer;
(G) Certification that the telemarketer will
				  fully comply with the Telemarketer Restriction Act, 15 O.S. Supp. 2002 §
				  775 B.1
et seq.
and the rules promulgated thereunder.
(H) Certification that the telemarketer has
				  fully complied with all other applicable laws, including but not limited to, 15
				  O.S. Supp. 2002 § 775A.3, or if claiming an exemption under other
				  applicable laws, a notarized affidavit explaining why the telemarketer is
				  exempt. The Attorney General may investigate all claims for exemption pursuant
				  to the Consumer Protection Act.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 2 - ACCESS AND USE OF THE TELEMARKETER RESTRICTION ACT CONSUMER REGISTRY › Section 75:10-1-10 - Improper uses of the registry

Current through Vol. 41, No. 20, July 1, 2024
No telemarketer who obtains access to the registry may use
					 the information for purposes other than compliance with the Telemarketer
					 Restriction Act.
Added at 19 Ok Reg
					 3071, eff 8-22-02 (emergency); Added at 20 Ok Reg 1081, eff
					 6-1-03
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 10 - Telemarketer Restriction Act Consumer Registry › Subchapter 1 - Establishment, Use, and Enforcement of Telemarketer Restriction Act Consumer Registry › Part 3 - REPORTING OF VIOLATIONS AND ENFORCEMENT › Section 75:10-1-11 - Reporting violations and assessment of fines

Current through Vol. 41, No. 20, July 1, 2024
(a) Any consumer may report a violation of
				  the Telemarketer Restriction Act by submitting a fully completed complaint form
				  to the Attorney General. Such complaints may be submitted online or in writing
				  on a form prepared by the Attorney General. Written complaint forms must be
				  returned to the address printed on the form.
(b) Consumers will be asked for the following
				  information on the complaint form:
(1) Full
				  name of complaining consumer;
(2)
				  Address of complaining consumer;
(3) Telephone number telemarketer
				  called;
(4) Name and/or telephone
				  number of the telemarketer;
(5) Any
				  information gathered by the consumer during the call concerning the
				  telemarketer or the telemarketer's commercial purpose;
(6) A statement giving consent to the
				  consumer's local exchange carrier to produce all records relating to the call
				  to the Attorney General; and
(7)
				  Any other information the Attorney General deems necessary to fully investigate
				  the complaint.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 1 - General Provisions › Section 75:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter sets forth the rules, including standards and
				  criteria, used in certifying all domestic violence and sexual assault programs
				  and shelters (74 O.S. §
									18p-6
				  ). The rules regarding factors relating to the certification processes
				  including, but not necessarily limited to, applications, fees, requirements for
				  and administrative sanctions, are found in OAC Title 75, Chapter
				  1.
Transferred from
				  450:19-1-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
				  2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
				  2200, eff 7-1-06; Amended at 27 Ok Reg 1709, eff
				  7-1-10
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 1 - General Provisions › Section 75:15-1-1.1 - Mission and underlying philosophy

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				mission of the standards and criteria for domestic violence and sexual assault
				programs is to eliminate domestic violence, sexual assault, and stalking in the
				State of Oklahoma.
(b) The
				philosophy underlying the standards and criteria for domestic violence and
				sexual assault programs is that:
(1) All
				persons have the right to live without fear, abuse, oppression and
				violence;
(2) There should be
				equality in relationships and survivors of domestic violence, sexual assault
				and stalking should be helped to assume power over their own lives;
(3) No one deserves to be victimized by
				assaultive or abusive behavior;
(4)
				Survivors should be treated with dignity and respect;
(5) All people involved in violent crimes are
				affected victims, children, families, partners, friends, the community, and
				perpetrators;
(6) Offending is a
				choice, and perpetrators of domestic violence, sexual assault and stalking are
				solely responsible for their behavior;
(7) These perpetrators must be held
				accountable for their behavior;
(8)
				A coordinated community response is the best approach to eliminating domestic
				violence, sexual assault, sex trafficking and stalking in Oklahoma;
(9) Safety for the victims/survivors and
				their dependents is the primary focus of intervention and services;
(10) Intervention and services shall be based
				upon the safety and well-being of individuals and communities. Services to
				victims are provided in a non-judgmental, non-coercive, trauma-informed
				environment; and
(11) Participation
				in services is voluntary and based on self-determined needs, preferences and
				values.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 1 - General Provisions › Section 75:15-1-3 - Meaning of verbs in rules

Current through Vol. 41, No. 20, July 1, 2024
The attention of the facility is drawn to the distinction
				  between the use of the words "shall," "should," and "may" in this
				  chapter:
(1)
"Shall"
is
				the term used to indicate a mandatory statement, the only acceptable method
				under the present standards;
(2)
"Should"
is the term used to reflect the most preferable
				procedure, yet allowing for the use of effective alternatives; and
(3)
"May"
is the term used to
				reflect an acceptable method that is recognized but not necessarily preferred.
Transferred from
				  450:19-1-3 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
				  2667); Amended at 27 Ok Reg 1709, eff 7-1-10
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 1 - General Provisions › Section 75:15-1-4 - Annual review of standards and criteria

Current through Vol. 41, No. 20, July 1, 2024
This chapter shall be reviewed annually by the Office of the
				  Attorney General.
Transferred from
				  450:19-1-4 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
				  2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
				  2200, eff 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 1 - General Provisions › Section 75:15-1-5 - Batterers Intervention Programs [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 2200,
				  eff 7-1-06; Revoked at 24 Ok Reg 2508, eff
				  7-15-07
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 1 - General Provisions › Section 75:15-1-6 - Service Programs [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Transferred from
				  450:19-1-6 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
				  2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
				  2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff
				  7-15-07
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-1 - Service programs core services

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				certified programs shall provide safe, accessible, and trauma-informed services
				for victims of domestic violence, sexual assault and stalking and their
				dependents or family members.
(b)
				The program shall develop a philosophy of service provision based upon
				voluntary services and individual self-determination. The written statement of
				the philosophy of services shall be approved by the governing authority and
				made available to the community, staff, volunteers, and clients.
(c) The program shall have policies and
				procedures to maintain facilities, staffing, and operational methods, including
				a policy for recruitment of board members, staff and volunteers who are
				representative of diversity in the local community and diversity of
				clients.
(d) All certified programs
				shall provide sexual assault services as outlined in
				75:15-2-6.
(e) All certified programs shall offer crisis
				intervention services as outlined in
				75:15-2-5.
(f) All certified programs shall offer danger
				assessment, safety planning, counseling or support, support groups, and
				advocacy in a trauma-informed environment.
(g) All certified programs shall offer
				services that are free from all forms of unlawful discrimination based on race,
				sex, color, age, national origin, genetic information, religion, and/or
				disability (i.e., physical, mental illness, and substance abuse), including a
				policy stating that services will not be denied or diminished on the basis of
				immigration status.
(h) All
				certified programs shall provide public education to increase the community's
				awareness and understanding of domestic violence, sexual assault and stalking,
				available and needed resources, and to identify the role community can play in
				eliminating domestic violence, sexual assault, and stalking.
(i) Compliance with 75:15-2-1 shall be
				determined by a review of the program's policies and procedures, service
				agreements, on-site observations, client and staff or volunteer interviews
				and/or other supporting documentation.
Added at 24 Ok Reg 2508, eff 7-15-07; Amended
				  at 25 Ok Reg 1838, eff 7-1-08; Amended at 26 Ok Reg 2426, eff 7-11-09; Amended
				  at 27 Ok Reg 1709, eff 7-1-10; Amended at 28 Ok Reg 1906, eff 7-11-11; Amended
				  at 29 Ok Reg 1759, eff 8-11-12; Amended at 30 Ok Reg 1915, eff
				  7-25-13
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-2 - Shelter program

Current through Vol. 41, No. 20, July 1, 2024
(a) All shelter
				programs shall comply with section
				75:15-2-1
				and each shelter program shall provide long-term (thirty [30] days or more)
				shelter services and staffing to offer services twenty-four (24) hours per day,
				seven (7) days per week, and offer the following:
(1) Shelter programs shall provide room,
				food, bathing and laundry facilities, necessary clothing, and toiletries for
				victims and their children free of charge. Programs shall not ask clients to
				use their nutrition assistance benefits to supplement food for the facility;
(2) Shelters shall be staffed at
				all times when clients are in residence. When there are no clients in
				residence, each shelter program must assure availability for immediate contact
				or services;
(3) The shelter's
				policy shall have written procedures regarding the supervision of children;
(4) The shelter shall offer
				services to clients with dependent boys over the age of twelve;
(5) Shelter programs shall offer screening,
				referral and linkage to clients and callers to appropriate community resources,
				to include assistance in making initial contact;
(6) The shelter program shall maintain
				cooperation/liaison with the local school system;
(7) Each shelter program must ensure to the
				best of its ability the physical and emotional safety, security and
				confidentiality of clients and the location of the shelter; and
(8) The shelter shall maintain a written
				policy for involuntary exit criteria.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-3 - Transitional living program

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				transitional living programs shall comply with
				75:15-2-1
				and the following:
(1) The program shall
				maintain homes, apartments or other residential living environments suitable
				for victims of domestic and sexual violence, stalking and their dependents, if
				applicable, and which provide the reasonable safety and privacy needed by this
				population. The program shall offer access to necessary furniture and
				equipment;
(2) The program shall
				include heating and refrigerated cooling systems to maintain a reasonable
				comfort level;
(3) Supportive
				services for residents are available through the twenty-four (24) hour program
				hotline by trained staff or volunteers;
(4) The program shall assign staff or a
				volunteer as the advocate or liaison for the clients residing in the
				transitional living program(s). This person, or a crisis line staff person or
				volunteer, shall be available for emergencies at all times;
(5) The program shall have a written
				agreement with each resident that outlines specific responsibilities of both
				the program and the resident to include expectations, responsibilities and
				limitations. The agreement shall be signed by both parties;
(6) The program shall offer weekly support
				groups for transitional living residents and children; and
(7) The program shall offer at least one 30
				minute face - to - face service contact per week with each transitional living
				resident and children.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-4 - Safe Home program

Current through Vol. 41, No. 20, July 1, 2024
(a) All Safe Home
				programs shall comply with section
				75:15-2-1
				and the following:
(1) The program shall
				offer confidential housing 24 hours a day, 365 days a year.
(2) Certified DVSA providers that have a
				formal agreement for a Safe Home shall:
(A)
				assure that each Safe Home offers residents with access to minimum necessities
				including bedding, clothing, articles for grooming and personal hygiene, and
				food;
(B) develop and disseminate
				to Safe Home providers and residents written rules, policies and procedures
				that include admission and exit criteria, including security measures;
(C) have written procedures for
				monitoring Safe Homes to ensure that the homes meet standards for cleanliness
				and safety;
(D) offer orientation
				to all clients and require they sign a contract acknowledging they have read
				and understand the rules of their stay;
(E) assign an advocate or liaison for
				clients. This person, or a crisis line staff or volunteer, shall be available
				for emergencies and support at all times; and
(F) offer at least one 30 minute face-to-face
				service contact per week with each Safe Home resident.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-5 - Crisis intervention services

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				certified DVSA programs shall offer crisis intervention services which include:
(1) Twenty-four (24) hour crisis telephone
				services staffed by trained staff or volunteers, and 24-hour immediate, direct
				access to crisis advocates. Pagers, answering machines or answering services
				that do not offer immediate access to a crisis advocate shall not be sufficient
				to meet this requirement;
(2)
				Emergency housing such as hotel or motel available for victims and their
				dependent(s);
(3) Arrangement for
				safe shelter, food, clothing, and incidentals needed by victim/dependents;
(4) The program shall provide
				twenty-four (24) hour emergency transportation or access to shelter, to and
				from SANE exams or other emergency services. Additionally, transportation shall
				be offered for necessary services. This shall not require service providers to
				be placed in a situation that could result in injury;
(5) Cooperation with law enforcement to offer
				assistance to the victim and accompanying dependent(s). Programs should ensure
				victims are educated about participating in the legal prosecution of their
				offenders and that an appropriate release or waiver may be necessary;
(6) Provision of advocacy and
				referral to assist victims in obtaining needed services or resources;
(7) Foreign language
				interpretation; and
(8) Follow-up
				services shall be offered to all victims if victim safety is not compromised.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-6 - Sexual assault services

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				certified programs shall be part of a sexual assault response team in their
				service area, providing that there is a sexual assault response team in place.
				The program shall collaborate with other certified DVSA providers in their
				service area. The program shall offer at a minimum the following services:
(1) Counseling or advocacy and support
				services shall be offered at any safe and appropriate site, as needed by the
				client;
(2) A twenty-four (24)
				hour crisis line, crisis intervention, in-person advocacy, active listening, or
				support by trained staff or volunteers with a knowledge of the issues and
				processes of sexual assault, rape trauma recovery, assessment, referral when
				indicated, and family involvement when chosen by the victim;
(3) Clothing, if needed, for sexual assault
				victims; and
(4) Follow-up contact
				that does not compromise privacy and safety needs of the victim shall be
				offered to all sexual assault clients seen in the medical setting. If written
				permission is granted by the client for follow-up contact, it shall be done no
				later than fourteen (14) business days after face-to-face crisis intervention.
				Follow-up will offer agency services or other available resources needed by the
				client.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 2 - Domestic Violence and Sexual Assault Programs › Section 75:15-2-7 - Children's services

Current through Vol. 41, No. 20, July 1, 2024
(a) Client records
				for both residential and non-residential children shall contain, at a minimum,
				the following information:
(1) Intake and
				screening information:
(A) Client's
				name;
(B) Date of initial
				contact/intake;
(C) Age;
(D) Pertinent medical information;
(E) Mother's name;
(F) Father's name; and
(G) Name of adult client's
				abuser.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 3 - Domestic Violence and Sexual Assault Programs [Revoked] › Part 1 - REQUIRED DV/SA SHELTER PROGRAM COMPONENTS [Revoked] › Section 75:15-3-1 - Shelter services program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Transferred from
					 450:19-3-1 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
					 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
					 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff
					 7-15-07
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 3 - Domestic Violence and Sexual Assault Programs [Revoked] › Part 1 - REQUIRED DV/SA SHELTER PROGRAM COMPONENTS [Revoked] › Section 75:15-3-2 - Crisis intervention services program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Transferred from
					 450:19-3-2 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
					 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
					 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff
					 7-15-07
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 3 - Domestic Violence and Sexual Assault Programs [Revoked] › Part 2 - OTHER SERVICE COMPONENTS [Revoked] › Section 75:15-3-7 - Transitional living services program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Transferred from
					 450:19-3-7 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
					 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
					 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff
					 7-15-07
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 15 - Standards and Criteria for Domestic Violence and Sexual Assault Programs › Subchapter 3 - Domestic Violence and Sexual Assault Programs [Revoked] › Part 2 - OTHER SERVICE COMPONENTS [Revoked] › Section 75:15-3-8 - Safe home services program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Transferred from
					 450:19-3-8 by SB 236 (2005), eff 7-1-05 (Editor's Notice published at 22 Ok Reg
					 2667); Amended at 23 Ok Reg 339, eff 11-8-05 (emergency); Amended at 23 Ok Reg
					 2200, eff 7-1-06; Revoked at 24 Ok Reg 2508, eff
					 7-15-07