reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-8 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The Board shall charge the following nonrefundable license or
				  renewal fees:
(1) One (1) to ten (10)
				intact female animals: $125.00
(2)
				Eleven (11) to twenty (20) intact female animals: $200.00
(3) Twenty one (21) to fifty (50) intact
				female animals: $350.00
(4) Fifty
				one (51) to one hundred (100) intact female animals: $500.00
(5) One hundred and one (101) or more intact
				female animals: $650.00
(6) Animal
				shelter: $200.00
(7) If the
				commercial pet breeder or animal shelter operator submits a renewal application
				and fee after the expiration date, the commercial pet breeder or animal shelter
				operator shall pay double the renewal fee as a late charge and the filing of a
				late application shall be deemed a violation.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-9 - Annual report

Current through Vol. 41, No. 20, July 1, 2024
(a) Not later than
				February 1 of each year, a commercial pet breeder shall submit to the Oklahoma
				Department of Agriculture, Food, and Forestry an annual report on a form
				prescribed by the Department setting forth the number of adult intact female
				animals held at the facility at the end of the prior year and such other
				information regarding the commercial pet breeder's prior year's operations as
				required by the Department.
(1) Number of
				animals at the facility on December 31;
(2) Number of animals sold during the
				previous calendar year;
(3) Number
				of animals added to the facility during the previous calendar year;
(4) Number of animals removed from the
				facility during the previous calendar year;
(5) Number of mortalities during the previous
				calendar year;
(6) List of type,
				date of occurrence and number of mortalities due to any animal disease at the
				facility during the previous calendar year; and
(7) Number of animals exchanged or refunded
				from the facility.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-10 - Renewals

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial pet breeder or animal
				shelter operator who is not in violation of the Commercial Pet Breeders and
				Animal Shelter Licensing Act or any rule adopted under the Commercial Pet
				Breeders and Animal Shelter Licensing Act may renew the license by:
(1) Submitting a renewal application to the
				Oklahoma Department of Agriculture, Food, and Forestry on the form prescribed
				by the Department containing any changes to the information provided in the
				initial application.
(2) Complying
				with any other renewal requirements adopted by the Department; and
(3) Paying the required fee.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-11 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) On receipt of a valid written complaint
				alleging a violation of the Commercial Pet Breeders and Animal Shelter
				Licensing Act , an authorized agent of the State Board of Agriculture, a local
				animal control authority, or an inspector designated by the Department may
				investigate the alleged violation.
(b) Any person may submit a written and
				signed complaint to the Department alleging a violation of the Commercial Pet
				Breeders and Animal Shelter Licensing Act or rules promulgated
				thereunder.
(c) Upon receipt of a
				written complaint, the Department notifies the person filing the complaint in
				writing of its receipt and status within five (5) working days.
(d) The party whom the complaint is filed
				against, if known, is notified within five (5) working days.
(e) The resolution of a complaint is the
				completion of the appropriate administrative, jurisdictional, and legal
				remedies appropriate to the circumstances.
(f) The complainant and commercial pet
				breeder or animal shelter operator shall be notified in writing within seven
				(7) working days after the resolution of the complaint.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-12 - Display of license

Current through Vol. 41, No. 20, July 1, 2024
A commercial pet breeder or animal shelter
				  operatorshall:
(1) Prominently display
				a copy of the license at the facility ;
(2) Include the license number in each
				advertisement for the sale or transfer of an animal by the commercial pet
				breeder or animal shelter operator; and
(3) Include the license numberin each
				contract for the sale or transfer of an animal .
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 1 - Licensing › Section 35:55-1-13 - Exemption for training animals

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Intact female animals held solely for the purpose of training which are not
				bred shall be exempt from the licensing requirements of these rules.
(b) Any person who holds intact female
				animals solely for the purpose of training shall provide documentation to the
				Department showing the training of the animal. Documentation may include, but
				not be limited to the following:
(1) Sales
				records showing the animals were trained and sold as trained;
(2) Training records and certifications
				provided with the animals or provided to purchasers of the trained animals;
				and
(3) Any other documentation
				that substantiates that the animals were held solely for training purposes and
				were not bred.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-1 - Incorporation by reference

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following provisions of Title 9 of the Code of Federal Regulations and the
				requirements contained therein pertaining to Animal Welfare, Part 3 (Standards)
				are, unless otherwise specified, adopted and incorporated by reference in their
				entirety:
(1) 3.1 (housing facilities,
				general)
(2) 3.2 (indoor housing
				facilities)
(3) 3.3 (sheltered
				housing facilities)
(4) 3.4
				(outdoor housing facilities)
(5)
				3.5 (mobile or traveling housing facilities)
(6) 3.6 (primary enclosures), except for 3.6
				(c)(1)(ii) and (c)(2)
(7) 3.7
				(compatible grouping)
(8) 3.8
				(exercise for dogs)
(9) 3.9
				(feeding)
(10) 3.11 (cleaning,
				sanitization, housekeeping, and pest control)
(11) 3.12 (employees)
(12) 3.13 (consignments to carriers and
				intermediate handlers)
(13) 3.14
				(primary enclosures used to transport live dogs and cats)
(14) 3.15 (primary conveyances [motor
				vehicle, rail, air, and marine])
(15) 3.16 (food and water
				requirements)
(16) 3.17 (care in
				transit)
(17) 3.18 (terminal
				facilities)
(18) 3.19
				(handling)
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-2 - Watering

Current through Vol. 41, No. 20, July 1, 2024
If potable water is not continually available to the animals,
				  it shall be offered to the animals as often as necessary to ensure their health
				  and wellbeing, but not less than three (3) times daily for at least one (1)
				  hour each time, unless restricted by the attending veterinarian.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-3 - Compatibility

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial pet breeder or animal
				shelter operatorshall place only compatible animals in the same primary
				enclosure and at a minimum shall not place the following animals together in
				the same primary enclosure:
(1) Breeding
				female animals in heat in the same enclosure at the same time with sexually
				mature male animal, except for breeding purposes;
(2) Breeding females and their litters in the
				same enclosure at the same time with other adult dogs;
(3) Puppies or kittens under four (4) months
				of age with other adult animals other than their dam or foster dam, unless
				maintained in breeding colonies; or
(4) Animals exhibiting vicious or an
				aggressive disposition with any other animal.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-5 - Waste management

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial
				pet breeder or animal shelter operatorshall remove all animals from enclosures
				during cleaning and sanitization and shall hold them in an enclosure satisfying
				the minimum space requirements in this subchapter or in an exercise
				area.
(b) A commercial pet breeder
				or animal shelter operatorshall comply with all waste disposal practices
				required by the Oklahoma Department of Agriculture, Food, and Forestry and
				other applicable municipal ordinances, state statutes, and federal codes for
				disposal of pet waste.
(c) A
				commercial pet breeder or animal shelter operatorshall conduct regular and
				frequent collection, removal, and disposal of animal and food wastes, bedding,
				debris, garbage, water, other fluids, wastes, and dead pets, in a manner that
				minimizes contamination and disease risks.
(d) A commercial pet breeder or animal
				shelter operatorshall equip housing facilities and primary enclosures with
				disposal facilities and drainage systems that rapidly eliminate pet waste and
				allow animals to remain clean and dry at all times.
(1) A commercial pet breeder or animal
				shelter operatorshall properly construct, install, and maintain all
				drains.
(2) If a commercial pet
				breeder or animal shelter operatoruses a closed drainage system, the drains
				shall be equipped with traps and prevent the backflow of gases and the backup
				of sewage onto the floor or any surface that animals might touch.
(3) If a commercial pet breeder or animal
				shelter operatoruses sump or settlement ponds, or other similar systems for
				drainage and animal waste disposal, the system shall be located far enough away
				from the pet area of the housing facility holding pets to prevent odors,
				diseases, pests, and vermin infestation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-6 - Veterinary care

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial
				pet breeder or animal shelter operatorshall provide animals with necessary
				veterinary care to ensure animals' wellbeing.
(b) A commercial pet breeder or animal
				shelter operatorshall provide a sick or injured animal appropriate veterinary
				care within twenty four (24) hours, unless on weekends, in which case a
				commercial pet breeder or animal shelter operatorshall provide a sick or
				injured animal veterinary care on the next business day.
(c) A commercial pet breeder or animal
				shelter operatorshall follow the directives of the veterinary doctor for care
				of the animal, including that a commercial pet breeder or animal shelter
				operatorshall provide to the animals any medications prescribed by the
				veterinarian and additional food, water, exercise, or any other direction of
				the veterinarian.
(d) Rabies
				vaccine may only be administered by or under the supervision of an Oklahoma
				licensed veterinarian and shall be administered in compliance with rules of the
				Oklahoma Department of Health.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-6.1 - Canine brucellosis

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial
				pet breeder shall have a biosecurity plan in place for the detection and
				eradication of canine brucellosis. The biosecurity plan shall be developed in
				consultation with the commercial pet breeder's attending veterinarian and shall
				include, but not be limited to, the following:
(1) New breeding stock shall be initially
				quarantined prior to release into the general facility population.
(2) New breeding stock shall test negative on
				two consecutive brucellosis tests conducted four to six weeks apart prior to
				exiting the initial quarantine.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-7 - Grooming

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial pet breeders or animal shelter
				operatorsshall provide grooming to all dogs, including brushing, tangle
				removal, nail trims, and hair trimming, and bathing frequently enough to
				maintain good skin health and odor control, and no signs of long standing dirt
				and grime.
(b) The dog's coat shall
				not be matted to the point that it impedes normal bodily functions, including
				but not limited to breeding, seeing, eating, drinking, standing, sitting,
				laying, and waste excretion.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-8 - Quarantine

Current through Vol. 41, No. 20, July 1, 2024
In order to minimize the dissemination of disease, commercial
				  pet breeders or animal shelter operatorsshall separate from other animals those
				  animals that are under quarantine or receiving treatment for a suspected
				  communicable disease.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-9 - Animal identification

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				commercial pet breeder shall identify each animal two (2) months of age or
				older and each pet prior to sale or transfer of ownership, if before two (2)
				months of age, with a form of permanent identification, including but not
				limited to an implanted permanent pet identification number microchip, tattoo,
				or other similar mechanism, mark, or devise approved by the
				Department.
(b) A commercial pet
				breeder may tattoo in accordance with a registering organization or Federal
				USDA licensing guidelines.
(c) A
				commercial pet breeder shall insure that the permanent identification that is
				placed on the animal matches their sales and breeding records.
(d) A commercial pet breeder that chooses to
				tattoo, but is not tattooing according to any national guidelines or
				regulations from a registration agency or other licensing agency shall tattoo
				in accordance with the following method: OK"License Number"-"Pet Tracking
				Number". Example: OK123-12.
(e) A
				commercial pet breeder may request an exception from permanent identification
				from the Department. The Department shall review the request and determine on a
				case by case basis if the commercial pet breeder may use another form of
				identification on the animals.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-10 - Euthanasia procedures

Current through Vol. 41, No. 20, July 1, 2024
Animals owned or housed by a commercial pet breeder or animal
				  shelter operator may only be euthanized by a veterinarian licensed in Oklahoma
				  or an Oklahoma Registered Veterinary Technician under the order of an Oklahoma
				  licensed Veterinarian following the Oklahoma Veterinary Practice Act pursuant
				  to accepted euthanasia protocol.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency); Added at
					 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 3 - Standards of Care › Section 35:55-3-11 - Breeding

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial pet breeder shall not breed
				a female animal unless she is healthy and has reached her second estrus
				cycle.
(b) An animal shelter
				operator shall not breed pets under any circumstances.
(c) An animal shelter operator shall comply
				with the provisions of the Dog and Cat Sterilization Act at Title 4 of the
				Oklahoma Statutes, section 4-499 et seq. and the provisions are hereby
				incorporated by reference.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 5 - Transportation [REVOKED] › Section 35:55-5-1 - General transportation requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 5 - Transportation [REVOKED] › Section 35:55-5-2 - General travel requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 5 - Transportation [REVOKED] › Section 35:55-5-3 - Consignments to carriers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 5 - Transportation [REVOKED] › Section 35:55-5-4 - Primary enclosures used to transport live pets [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 5 - Transportation [REVOKED] › Section 35:55-5-5 - Food and water during transportation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 7 - Recordkeeping and Sales › Section 35:55-7-1 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a) A commercial pet breeder or animal
				shelter operatorshall maintain a separate health record for each animal in the
				facility documenting the healthcare of the animal that shall include:
(1) The breed, sex, color, and identifying
				marks of the animal; and
(2) A
				record of all inoculations, medications, and other veterinary medical treatment
				received by the animal while in the possession of the commercial pet breeder or
				animal shelter operator.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 7 - Recordkeeping and Sales › Section 35:55-7-2 - Pet health history provided to recipient; sale of unhealthy pets

Current through Vol. 41, No. 20, July 1, 2024
(a) At the time of the sale or other
				transfer, commercial pet breeders and animal shelter operatorsshall provide to
				recipientsof pets a written disclosure of all treatments involving
				immunizations, medications, anthelmintics (dewormers) and all other treatments
				for parasites, administered to the purchased pet thirty (30) days prior to the
				sale. The disclosure shall describe the pet and describe the product used, the
				dosage, and the medication or product administered to the animal.
(b) Commercial pet breeders and animal
				shelter operatorsshall not knowingly sell a diseased or sick pet without fully
				disclosing the pet's condition to the recipient.
(c) At the time they offer a pet for sale,
				commercial pet breeders shall disclose to the purchaser whether the offered
				animal has any known diseases, defects, or health conditions.
(1) If, within ten (10) days after receipt of
				a pet by the purchaser, a veterinarian states, in writing, that the pet has an
				undisclosed health problem or disease which existed in the animal at the time
				of delivery, or if within one year after receipt of the animal by the
				purchaser, a veterinarian states, in writing, that the pet has died or is ill
				due to an undisclosed hereditary or congenital defect, or is not of the breed
				type represented, the pet shall be considered to have been unfit for sale at
				the time of sale.
(A) If the animal died, the
				purchaser shall provide necropsy and lab results to the commercial pet
				breeder.
(B) If the animal is ill,
				the commercial pet breeder may request an additional veterinary examination by
				a veterinarian in the vicinity of the purchaser selected by the commercial pet
				breeder.
(C) If the animal is not
				of the breed type represented, the purchaser shall provide DNA analysis
				verifying the determination.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 7 - Recordkeeping and Sales › Section 35:55-7-3 - Sales invoice or statement

Current through Vol. 41, No. 20, July 1, 2024
At the time of the sale, the commercial pet breeder or animal
				  shelter operatorshall provide the recipienta sales statement in which the
				  commercial pet breeder or animal shelter operatorshall describe the pet, list
				  the date of the transaction, the sales price, the name of the recipient, the
				  location of the sale and the method of delivery, the commercial pet breeder's
				  license number where applicable, and list any health problem disclosures made
				  to the recipient. If the commercial pet breeder or animal health
				  operatortransports or otherwise ships the pet to the recipient, the commercial
				  pet breeder or animal shelter operatorshall list the recipient'saddress on the
				  sales statement.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 7 - Recordkeeping and Sales › Section 35:55-7-4 - Location of sales

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial pet
				breeders or animal shelter operatorsshall not market or sell or offer to sell
				any pets in retail parking lots or public parking lots, from the side of any
				road, or from any location that the person does not own if the person has not
				obtained the proper permit or credentials to sell from the location.
(b) Notwithstanding the foregoing, if while
				located at a location from which the commercial pet breeder or animal shelter
				operatormay legally sell petsthe commercial pet breeder or animal shelter
				operatorcommunicates with a recipient, through phone, fax, email, or other form
				of communication, and agrees to sell and deliver a pet to a recipient, the
				commercial pet breeder or animal shelter operatormay deliver the sold pet to
				the recipientto any location upon which the commercial pet breeder or animal
				shelter operatorand recipientagree.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 7 - Recordkeeping and Sales › Section 35:55-7-5 - Prohibition on the purchase, sale, or transportation of stolen pets

Current through Vol. 41, No. 20, July 1, 2024
No commercial pet breeder or animal shelter operatorshall
				  buy, sell, or transport any stolen pet.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 7 - Recordkeeping and Sales › Section 35:55-7-6 - Other requirements or acts prohibited

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders or animal shelter operatorsshall
				  comply with all applicable state and federal laws, municipal ordinances, and
				  reasonable requirements of the Board.
Added at 29 Ok Reg 1747, eff 6-21-12 (emergency) ; Added
					 at 30 Ok Reg 829, eff 7-1-13
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 55 - Commercial Pet Breeders and Animal Shelters › Subchapter 9 - Seizure and Impoundment › Section 35:55-9-1 - Seizure and impoundment

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Department may seize and impound any animal in the possession, custody, or care
				of any person who violates the Commercial Pet Breeders and Animal Shelter
				Licensing Act if there is reason to believe that the health, safety, or welfare
				of the animal is endangered or the animal is believed to be in imminent danger
				pursuant to paragraph G of Section
				30.13 of Title 4 of the Oklahoma
				Statutes.
(b) When the Department
				believes there is reason to seize and impound an animal under the Commercial
				Pet Breeders and Animal Shelter Licensing Act, the Department may obtain a
				court order through the district court in the county where the animal is
				located, take custody of the animal, and impound the animal in a safe and
				appropriate location, which may include shelter in place.
(1) The Department shall have seven (7) days
				from the date of seizure of the animal to petition the district court in the
				county where the animal was seized for a hearing regarding the health, safety
				and welfare of the animal and the costs of seizure and impound. The pet breeder
				or animal shelter shall be given notice of the hearing.
(2) The court may assess the costs of seizure
				and impound of an animal against the pet breeder or animal shelter who was in
				possession, custody, or care of the animal. Reasonable costs may include, but
				are not limited to, transportation, medical care, boarding of the animal during
				its impoundment, euthanasia if determined necessary by a licensed veterinarian
				of this state, and any cost associated with adoption of the
				animal.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules are promulgated pursuant to the requirements of the Administrative Procedures Act, 75 O.S. §
									250, et seq. The purpose of these rules is to effectively implement the provisions of Licensed Alcohol and Drug Counselors Act (Title 59, §
									1870 et seq.) of the Oklahoma Statutes. These rules supplement existing state and federal laws, and being duly promulgated, have the force and effect of law.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-3 - Individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
Article II of the Administrative Procedures Act "APA"), 75 O.S. §§
									308a,
et seq.,
governs individual proceedings by the Board for revocation, suspension, probation, and non-renewal of license or certification.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06; Amended at 26 Ok Reg 2417, eff 7-11-09
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-4 - Sanctions [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 123, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:1-1-4 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 123.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-5 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may file a complaint against an LADC or CADC or a person practicing alcohol and drug counseling. A person wishing to register a complaint or alleged violation against LADC or CADC or person practicing alcohol and drug counseling may notify the Board in writing, by telephone, or by a personal visit. The Board will determine whether the complaint alleges a possible violation of the Act or this chapter.
(b) The complaint and the identity of the complainant shall be confidential and shall not be available for public inspection. Upon receipt of the complaint, the Board staff shall:
(1) stamp all pages with a Board stamp which indicates the date of receipt;
(2) review the complaint to determine if the person against whom the complaint is registered is a current licensee or certified person;
(3) log the complaint, assigning a number consisting of the year and sequence number in which it was received; further, recording the date received, name of complainant, if provided, and the name and license or certification number or the licensee or certified person;
(4) generate a letter to the complainant indicating receipt and review of the complaint, if applicable;
(5) notify the Board chair and Complaint Review Committee.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-6 - Service of petition and notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
The petition and notice shall be served on the respondent(s) personally or by certified mail, return receipt requested to the address of the respondent(s) on file with the Board.
(b)
Proof of service.
Proof of service shall be filed with the hearing clerk.
(c)
Substitute service.
If the Board is unable to obtain service on a respondent, the petition and notice shall be mailed by regular mail to the last known address of the respondent, and the Board shall file an affirmation service was attempted.
(d)
Service of other papers and documents.
Service of all other papers and documents connected with an individual proceeding shall be served on the parties or their counsel by delivering a copy in person or via facsimile or regular mail.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-7 - Emergency actions

Current through Vol. 41, No. 20, July 1, 2024
When the Board chair or Hearing Officer finds that the public health, safety or welfare requires action be taken immediately and when such a finding is incorporated in an order, emergency action or summary suspension of a licensure or certification may be ordered pending the filing of a petition or the outcome of an individual proceeding.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-8 - Procedures in individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Procedures.
The order of procedure in all individual proceedings shall generally be governed by the APA.
(b)
Hearing officers.
The Board chair or designee may appoint an Administrative Hearing Officer in individual proceedings filed before the Board, otherwise the proceedings are before the Board.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-9 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuance by the Board.
The Board chair or the Hearing Officer may continue or adjourn the proceedings at any time for a specified time, with notice or motion.
(b)
Continuance by motion of parties.
Except for good cause shown, or by agreement of all parties, no continuance will be granted upon motion of a party unless written request therefore is filed and served on all parties of record and filed with the Hearing Clerk at least seven (7) days prior to the date set for hearing. A stipulation for continuance among all parties of record ordinarily will be approved, unless the Board chair or the Hearing Officer determines that the public interest requires otherwise.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-10 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Discovery shall be conducted generally in accordance with the APA. The Board chair or Hearing Officer may enter specific orders directing the conduct of discovery.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-11 - Protective orders

Current through Vol. 41, No. 20, July 1, 2024
The Board chair or the Hearing Officer at the hearing or at anytime upon application of a party, with or without notice, may make such orders relating to discovery as may be necessary or appropriate for the protection of the parties, and to prevent hardship to and excessive burden upon a party.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-12 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance and service.
Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Hearing Clerk upon request by a party.
(b)
Failure to obey.
The Board chair or the 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 Board chair or the Hearing Officer may, in his or her discretion at any time, continue the proceedings as necessary to secure a court ruling.
(c)
Motions to quash.
Any person, to whom a subpoena is directed, may file a motion to quash or limit the subpoena with the Hearing Clerk, setting forth the reasons why the subpoena should not be complied with or why it should be limited in scope and the Board Chair or Hearing Officer will rule on the motion.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-13 - Conduct and record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open to public.
Every hearing before the Board shall be conducted by the Board chair or designated Hearing Officer. Upon motion of a party to the proceeding, the Board Chair or Hearing Officer may exclude from the hearing room any witness not at that time under examination. A party to the proceeding and that party's attorney may not be excluded.
(b)
Record.
All testimony shall be taken on the record unless otherwise designated by the Hearing Officer. An electronic recording of the hearing proceedings shall be made. The recording will not be transcribed as a matter of course. The electronic recording of Board shall be the official record. Copies of the recordings shall be provided to a party on written request. The cost of transcription, if done, shall be borne by the party having the recording transcribed.
(c)
Court reporter.
A party may have the proceeding transcribed by a court reporter at the expense of the party. Each party requesting copies shall make arrangements for such with the reporter, and pay the costs.
(d)
Maintenance of the record.
The record of a proceeding and the file containing the notices and the pleadings will be maintained by the Hearing Clerk in a location designated by the Hearing Clerk. All pleadings, motions, orders and other papers submitted for filing in an individual proceeding shall be stamped with the date filed by the Hearing Clerk upon receipt.
(e)
Designation on appeal.
On an appeal to district court, the parties may designate and counter-designate portions of the record to save costs, following the procedures in the APA.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-14 - Sanctions for non-compliance with hearing and discovery procedures

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Officer may impose sanctions upon the parties as necessary to serve the ends of justice.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-15 - 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 Board 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 dispositions prior to offers of evidence.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 1 - Individual Proceedings › Section 38:1-1-16 - Proposed order and settlement

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 Board chair or the Hearing Officer shall issue a proposed order with findings of fact and conclusions of law. If the Board proves its allegations in the petition and notice by clear and convincing evidence, the Board chair or the Hearing Officer shall issue an order sustaining the allegations. If the Board does not meet its burden, the Board chair or Hearing Officer shall issue an order in favor of the respondent(s).
(b)
Appeal.
A party may appeal a Final Order as provided in the APA.
(c)
Settlement.
Unless precluded by law, individual proceedings may be resolved by agreed settlement or consent order, with the concurrence of the Board chair or the Hearing Officer.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 3 - Administrative Operations › Section 38:1-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is the establishment of administrative operations of the Board and agency.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 3 - Administrative Operations › Section 38:1-3-2 - Makeup of Board [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 123, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:1-3-2 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 123.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 3 - Administrative Operations › Section 38:1-3-3 - Officers of the Board [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 123, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:1-3-3 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 123.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 3 - Administrative Operations › Section 38:1-3-4 - Quorum [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 123, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:1-3-4 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 123.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 3 - Administrative Operations › Section 38:1-3-5 - Meeting dates [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 123, eff 10-3-05 through 7-14-06 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-06 (after the 7-14-06 expiration of the emergency action), Section 38:1-3-5 was no longer effective. For the official text of the emergency rule that was effective from 10-3-05 through 7-14-06, see 23 Ok Reg 123.
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 1 - Administration › Subchapter 3 - Administrative Operations › Section 38:1-3-6 - Agency administration

Current through Vol. 41, No. 20, July 1, 2024
The Board may employ an executive director who shall be in charge of the office of the Board. The executive director shall have shall have qualifications established by the Board. The executive director shall, among others:
(1) devote his or her entire time to the duties of the office;
(2) receive salary and benefits as provided by law;
(3) keep and preserve all books and records pertaining to the Board;
(4) have the authority to collect all fees and penalties provided for by the Act;
(5) make quarterly reports to the Board of all monies collected and the sources from which derived;
(6) have authority to approve payrolls and all claims for the Board;
(7) have authority to employ staff, subject to Board approval;
(8) keep a continuous inventory of all properties, excluding supplies, belonging to the board;
(9) develop, institute and administer such administrative and professional policies and official forms as may be necessary to guarantee effective, efficient and uniform operation of the Board; and
(10) perform other duties as may be directed by the Board.
Added at 23 Ok Reg 123, eff 10-3-05 (emergency); Added at 23 Ok Reg 2174, eff 6-25-06
Oklahoma Administrative Code › Title 38 - Oklahoma Board of Licensed Alcohol and Drug Counselors › Chapter 10 - Licensure and Certification of Alcohol and Drug Counselors › Subchapter 1 - General Provisions › Section 38:10-1-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This, and all subsequent subchapters are applicable, unless otherwise specifically noted in a subchapter, part or section of Oklahoma Administrative Code Title 38, to the Oklahoma Board of Licensed Alcohol and Drug Counselors, all employees of the Board and individuals subject to licensure or certification by the Board to provide alcohol and drug counseling (59 O.S. §§ 1873 and 1875 ).
Added at 23 Ok Reg 127, eff 10-3-05 (emergency); Added at 23 Ok Reg 2177, eff 6-25-06