reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 13 - Implementation of Antidegradation Policy › Section 252:740-13-7 - Protection for Appendix B areas

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
Appendix B of OAC 252:730 identifies areas in Oklahoma
				with waters of recreational and/or ecological significance. These areas are
				divided into Table 1, which includes national and state parks, national
				forests, wildlife area, wildlife management areas and wildlife refuges; and
				Table 2, which includes areas which contain threatened or endangered species
				listed as such by the federal government pursuant to the federal Endangered
				Species Act as amended.
(b)
Protection for Table 1 areas.
New discharges of pollutants after
				June 11, 1989, or increased loading of pollutants from discharges existing as
				of June 11, 1989, to waters within the boundaries of areas listed in Table 1 of
				Appendix B of OAC 252:730 may be approved by the permitting authority under
				such conditions as ensure that the recreational and ecological significance of
				these waters will be maintained.
(c)
Protection for Table 2
				areas.
Discharges or other activities associated with those waters
				within the boundaries listed in Table 2 of Appendix B of OAC 252:730 may be
				restricted through agreements between appropriate regulatory agencies and the
				United States Fish and Wildlife Service. Discharges or other activities in such
				areas shall not substantially disrupt the threatened or endangered species
				inhabiting the receiving water.
(d)
Nonpoint source discharges or runoff.
Best management practices
				for control of nonpoint source discharges or runoff should be implemented in
				watersheds located within areas listed in Appendix B of OAC 252:730.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-1 - Scope and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The rules in this Subchapter provide protocols which
				shall be used on and after October 1, 2000, to determine whether certain
				beneficial uses of waters of the state designated in OAC 252:730 are being
				supported. Such determinations shall be made only to the extent that pertinent
				provisions of OAC 252:730 apply to a waterbody or its designated uses. The
				rules in this Subchapter are not intended and should not be construed to limit
				any actions by federal or state agencies or citizens to prevent pollution or to
				limit remedies to abate pollution from a single incident or activity or series
				of incidents or activities.
(b)
Significance of assessment that a use is other than fully
				supported.
A determination based upon application of the rules in this
				Subchapter that a waterbody's beneficial use is not supported or is partially
				supported creates a presumption that the use is impaired or not attained for
				that waterbody and that the waterbody segment is a water quality limited
				segment.
(c)
Agency
				discretion to consider additional data.
An agency with jurisdiction may
				consider other relevant data meeting the requirements of this Subchapter in
				addition to that required by the rules in this Subchapter for any particular
				parameter to determine full support or non-support.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"303(d) List"
means the list of waterbodies with
				  uses that are either threatened or impaired, developed for the State of
				  Oklahoma in accordance with Section 303(d) of the federal Clean Water Act.
"305(b) Report"
means the report of water
				  quality in the State of Oklahoma developed in accordance with Section 305(b) of
				  the federal Clean Water Act.
"Ecoregion"
means a geographical area within
				  which ecosystems and the type, quality and quantity of environmental resources
				  are generally similar, as more specifically described in EPA's 1997 revision of
				  Omernick, "Ecoregions of the Conterminous United States", Annals of the
				  Association of American Geographers.
"Impaired"
means one or more designated
				  beneficial uses are not being attained.
"MQL"
means minimum quantification level.
"Non-wadable"
means a stream which is not
				  wadable.
"Rolling average"
means the mathematical average
				  of data values across a fixed length of time that incrementally changes its
				  starting point but retains a fixed length of time by also incrementally
				  changing its end point for each recalculation of the average. This term is also
				  known as "moving average".
"Screening level"
means an evaluation threshold
				  based upon criteria prescribed in OAC 252:730 to protect a designated
				  beneficial use.
"Seasonal base flow"
means the sustained or
				  fair-weather runoff, which includes but is not limited to groundwater runoff
				  and delayed subsurface runoff.
"Trophic State Index"
means the results of the
				  calculation for chlorophyll-a concentration using both Carlson, R.E. 1977, A
				  Trophic State Index For Lakes, Limnology and Oceanography, 22:361-369 and the
				  methods outlined in the Board guidance document "Guidance For Determining Lake
				  Trophic State For Determination Of Nutrient Limited Waters Status".
"Wadable"
means a stream or segment thereof, at
				  least 10 percent of which under seasonal base flow conditions is:
(A) less than 1.25 meters deep at its
				thalweg, and
(B) has an
				instantaneous discharge of less than 10 cubic feet per second, or has a
				velocity of less than 10 centimeters per second.
"Waterbody"
means a body of waters of the
				  state.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-3 - Data requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
In order to determine whether a given beneficial use of a
				waterbody is supported, scientific data from the waterbody shall be used as
				prescribed in this Section. Data shall be collected and analyzed in a manner
				consistent with testing procedures provided in OAC
				252:730-1-4 or practices that are
				institutionally recognized and appropriate for the parameter of concern and
				documented in accordance with OAC
				252:740-15-3(g).
				All existing data available for a waterbody shall be used in the analysis,
				subject to the spatial, temporal and other requirements of this
				Section.
(b)
Spatial
				coverage.
(1)
General for
				streams.
The spatial extent of assessment of use support in terms of
				stream miles shall be determined after taking into account existing data,
				spatial distribution of monitoring sites, sources of pollution and influence of
				tributaries. Major hydrological features, such as the confluence of a major
				tributary or a dam, may limit the spatial extent of an assessment based on one
				station.
(2)
Non-wadable
				streams.
Unless it is demonstrated to the contrary, a single monitoring
				site shall be considered representative of no more than 25 stream miles for
				non-wadable streams.
(3)
Wadable streams.
Unless it is demonstrated to the contrary, a
				single monitoring site shall be considered representative of no more than 10
				stream miles for wadable streams.
(4)
Lakes.
The spatial extent of
				assessment of use support in terms of lake surface acres shall be estimated
				based on the spatial distribution of monitoring sites having the requisite
				number of samples, sources of pollution, influence of tributaries and best
				professional judgment. Arms or portions of lake may be treated separately from
				the main body of a lake. Unless it is demonstrated to the contrary, a single
				site shall be considered representative of an entire lake or an arm of no more
				than two hundred and fifty surface acres in size.
(5)
Spatial limitation for sampling
				sites.
For purposes of this Subchapter, observations, samples, and other
				data shall not be taken within any regulatory mixing zone.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-4 - Default protocols

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The protocols prescribed in this Section shall apply
				whenever the more specific protocols prescribed elsewhere in this Subchapter do
				not apply.
(b)
Short-term
				average numerical parameters.
(1)
				Short-term average numerical parameters are based upon exposure periods of less
				than seven days. Short-term average parameters to which this Section applies
				include, but are not limited to, sample standards and turbidity.
(2) A beneficial use shall be deemed to be
				fully supported for a given parameter whose criterion is based upon a
				short-term average if 10% or less of the samples for that parameter exceed the
				applicable screening level prescribed in this Subchapter.
(3) A beneficial use shall be deemed to be
				fully supported but threatened if the use is supported currently but the
				appropriate state environmental agency determines that available data indicate
				that during the next five years the use may become not supported due to
				anticipated sources or adverse trends of pollution not prevented or controlled.
				If data from the preceding two-year period indicate a trend away from
				impairment, the appropriate agency shall remove the threatened
				status.
(4) A beneficial use shall
				be deemed to be not supported for a given parameter whose criterion is based
				upon a short-term average if at least 10% of the samples for that parameter
				exceed the applicable screening level prescribed in this
				Subchapter.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-5 - Assessment of Fish and Wildlife Propagation support

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
The provisions of this Section shall be used to determine
				whether the beneficial use of Fish and Wildlife Propagation or any subcategory
				thereof designated in OAC 252:730 for a waterbody is supported.
(b)
Dissolved oxygen.
For
				purposes of assessment, listing and reporting under sections 303(d) and 305(b)
				of the federal Clean Water Act as amended, the procedure for determining use
				support of the Fish and Wildlife Propagation beneficial use or any subcategory
				thereof with respect to dissolved oxygen shall be as follows:
(1)
Support tests for HLAC
				streams.
(A) The HLAC subcategory of
				the Fish and Wildlife Propagation beneficial use designated for a stream shall
				be deemed to be fully supported with respect to the DO criterion if 10% or less
				of the samples across all life stages and seasons exhibit DO concentration
				below the following season-specific thresholds:
(i) April 1 through June 15: 4.0 mg/L
(ii) June 16 through March 31: 3.0
				mg/L
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-6 - Assessment of Primary Body Contact Recreation support

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
The provisions of this Section shall be used to determine
				whether the subcategory of Primary Body Contact of the beneficial use of
				Recreation designated in OAC 252:730 for a waterbody is supported during the
				recreation season from May 1 through September 30 each year. Where data exist
				for multiple bacterial indicators on the same waterbody or waterbody segment,
				the determination of use support shall be based upon the use and application of
				all applicable tests and data.
(b)
Escherichia coli (E. coli).
(1)
				The Primary Body Contact Recreation subcategory designated for a waterbody
				shall be deemed to be fully supported with respect to
E. coli
if the geometric mean of 126 colonies per 100 ml is met. These values are based
				upon all samples collected over the recreation period in accordance with OAC
				252:740-15-3(c).
(2) The Primary Body Contact Recreation
				subcategory designated for a waterbody shall be deemed to be not supported with
				respect to
E. coli
if the geometric mean of 126 colonies per
				100 ml is not met. These values are based upon all samples collected over the
				recreation period in accordance with OAC
				252:740-15-3(c).
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-7 - Assessment of Public and Private Water Supply support

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
The provisions of this Section shall be used to determine
				whether the beneficial use of Public and Private Water Supply or any
				subcategory thereof designated in OAC 252:730 for a waterbody is
				supported.
(b)
Toxicants.
(1) The Public and
				Private Water Supply beneficial use designated for a waterbody shall be deemed
				to be fully supported with respect to any substance with criteria for such use
				listed in OAC 252:730 Appendix G if the sample concentrations from that
				waterbody do not exceed the criterion for that substance prescribed in OAC
				252:730 Appendix G in more than 10% of the measurements, or if drinking water
				use restrictions are not in effect.
(2) The Public and Private Water Supply
				beneficial use designated for a waterbody shall be deemed to be not supported
				with respect to any substance with criteria for such use listed in OAC 252:730
				Appendix G if the sample concentrations from that waterbody exceed the
				criterion for that substance prescribed in OAC 252:730 Appendix G in more than
				10% of the measurements, or if drinking water use restrictions are put in
				effect by an agency with jurisdiction that require closure of the water
				supply.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-9 - Assessment of Fish Consumption support

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
The provisions of this Section shall be used to determine
				whether the beneficial use of Fish Consumption designated in OAC 252:730 for a
				waterbody is supported.
(b)
Support tests.
(1) The Fish
				Consumption beneficial use designated for a waterbody shall be deemed to be
				partially supported if restricted consumption as imposed by an agency with
				jurisdiction is in effect or if a fish or shellfish ban is in effect for a
				sub-population thereof.
(2) The
				Fish Consumption beneficial use designated for a waterbody shall be deemed to
				be not supported if an aquatic life closure or if a "no consumption" advisory
				imposed by an agency with jurisdiction is in effect.
(3) The water column criteria for protection
				of the Fish Consumption beneficial use stated in OAC 252:730 Appendix G Table 2
				shall be used according to the default protocol in OAC
				252:740-15-4(c)
				to determine use support.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-11 - Assessment of Navigation support

Current through Vol. 41, No. 20, July 1, 2024
The beneficial use of Navigation designated for a waterbody
				  shall be deemed to be fully supported for the purpose of water quality
				  reporting.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 15 - Use Support Assessment Protocols › Section 252:740-15-12 - Assessment of Aesthetics support

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				provisions for all waterbodies other than Scenic Rivers.
The tests
				prescribed in OAC
				252:740-15-4 may be used to
				determine whether the beneficial use of Aesthetics designated in OAC 252:730
				for a waterbody other than the Scenic Rivers is supported.
(b)
Special provisions for Scenic River
				reaches of Mountain Fork River, Lee Creek and Little Lee Creek.
(1)
Scope and applicability.
This subsection shall be used to determine whether the Aesthetics beneficial
				use designated in OAC 252:730 is supported with respect to the total phosphorus
				criterion for Mountain Fork River, Lee Creek and Little Lee Creek.
(2)
Data and procedure.
(A) The data used shall satisfy all of the
				requirements of OAC
				252:740-15-3 except subsection
				(f) thereof. Notwithstanding such requirements, the data shall include samples
				collected from stream flow of at least six (6) storm events per calendar year
				or, if fewer than nine (9) storm events occurred in that year, then the
				majority of the storm events that occurred that year.
(B) Whenever multiple samples are taken from
				a single storm event, the event mean concentration shall be determined and used
				as representative of that storm event.
(C) A three-calendar-month geometric mean
				concentration shall be determined each month using the total phosphorus data
				from that month together with such data from the preceding two calendar
				months.
(3)
Support
				tests.
(A) The Aesthetics beneficial
				use designated for a segment of a Scenic River shall be deemed to be supported
				with respect to total phosphorus if less than 25% of the monthly determinations
				made in accordance with (b)(2)(C) of this Section exceed 0.037 mg/L total
				phosphorus.
(B) The Aesthetics
				beneficial use designated for a segment of a Scenic River shall be deemed to be
				not supported with respect to total phosphorus if 25% or greater of the monthly
				determinations made in accordance with (b)(2)(C) of this Section exceed 0.037
				mg/L total phosphorus.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 17 - Implementation of Dissolved Oxygen Criteria to Protect Fish and Wildlife Propagation › Section 252:740-17-1 - Applicability and scope

Current through Vol. 41, No. 20, July 1, 2024
Rules in this Subchapter are designed to implement the
				  criteria for dissolved oxygen prescribed in OAC 252:730 Appendix G Table 1 for
				  protection of the beneficial use of Fish and Wildlife
				  Propagation.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 17 - Implementation of Dissolved Oxygen Criteria to Protect Fish and Wildlife Propagation › Section 252:740-17-2 - Regulatory flows

Current through Vol. 41, No. 20, July 1, 2024
(a) The flow in the
				receiving stream, Qu, shall be deemed to be the greater
				of the 7Q2 or 1 cfs. If the 7Q2 is unknown, then Qu
				shall be deemed to be 1 cfs.
(b)
				For industrial dischargers with adequate data as determined by the permitting
				authority, the effluent flow, Qe, shall be deemed to be
				the highest monthly averaged flow over the previous two years. For all other
				discharges, the effluent flow shall be deemed to be the design flow.
(c) Provided, in stream segments where dams
				or other structures have substantially affected the historic flow regime of the
				stream segment, including but not limited to the portions of the Verdigris and
				Arkansas Rivers constituting the McClellan-Kerr Arkansas River Navigation
				System, the appropriate regulatory low flow in the receiving stream,
				Q u, shall be as determined on a site-specific basis
				pursuant to properly designed and implemented hydrologic study approved by the
				permitting authority and DEQ.
Oklahoma Administrative Code › Title 252 - Department of Environmental Quality › Chapter 740 - Implementation of Oklahoma's Water Quality Standards › Subchapter 17 - Implementation of Dissolved Oxygen Criteria to Protect Fish and Wildlife Propagation › Section 252:740-17-3 - Reasonable potential determination

Current through Vol. 41, No. 20, July 1, 2024
(a) A permit limit
				for oxygen demanding substances is required if there is a reasonable potential
				that the dissolved oxygen criteria will not be satisfied. Such a reasonable
				potential is demonstrated whenever an existing discharger proposes to increase
				the concentration or load of oxygen demanding substances, a new discharge of
				oxygen demanding substances is created, or a receiving waterbody is
				reclassified to a subcategory of the Fish and Wildlife Propagation beneficial
				use with a more stringent dissolved oxygen criterion.
(b) The permitting authority may base its
				determination of the reasonable potential upon meeting the dissolved oxygen
				standard at the applicable regulatory low flow and at the applicable seasonal
				temperatures prescribed in Table 1 of Appendix G of OAC 252:730.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 255:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter describe the organization, operation, and administration of the State Board of Equalization, as required by 75 O.S., Section 302, including the procedure for requesting rulemaking, as required by 75 O.S., Section 305, and the procedure for requesting declaratory rulings, as required by 75 O.S., Section 307.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization, Meetings, Records › Section 255:1-3-1 - Board duties and responsibilities

Current through Vol. 41, No. 20, July 1, 2024
As mandated in Article X, Section 21 of the Oklahoma Constitution, "it shall be the duty of the Board to adjust and equalize the valuation of real and personal property of the several counties in the state each year; it shall perform such other duties as may be prescribed by law; and it shall assess all railroad and public service corporation property."
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization, Meetings, Records › Section 255:1-3-2 - Organization of Board

Current through Vol. 41, No. 20, July 1, 2024
The State Board of Equalization (hereinafter referred to as the Board), was created and exists by virtue of the Oklahoma constitution, Article X, Section 21. The Board consists of the Governor, the Lieutenant Governor, the State Auditor and Inspector, the Attorney General, the State Treasurer, the Superintendent of Public Instruction and the President of the State Board of Agriculture. The Governor shall serve as Chairman and the State Auditor and Inspector shall serve as the Secretary. A Vice-Chairman shall be elected from other members.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization, Meetings, Records › Section 255:1-3-3 - Filings

Current through Vol. 41, No. 20, July 1, 2024
Every communication in writing, including any summons or other legal process, to the Board shall be addressed to the Secretary of the Board at the principal office unless the Board directs otherwise, or unless otherwise provided by law.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization, Meetings, Records › Section 255:1-3-5 - Records of the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Documents public record.
All official records of the Board, not otherwise specifically privileged from disclosure by law, shall be of public record, available for inspection and review in the office of the Board, under reasonable circumstances at reasonable times during normal business hours.
(b)
Removal of official records prohibited.
Official records of the Board may not be removed from the office of the Board.
(c)
Obtaining copies of records.
Copies of all records, certified or not certified, may be obtained during normal business hours, provided that the expense of such copies shall be paid by the person requesting same. Fees for such copies shall be in accordance with fee schedule and/or procedure established by the State Auditor and Inspector.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 5 - Rule Making Hearings › Section 255:1-5-1 - Public comment

Current through Vol. 41, No. 20, July 1, 2024
Prior to the adoption, amendment or repeal of any rule, the Board shall afford any interested person a reasonable opportunity to submit data, views or arguments, oral or written, to the Board concerning the proposed action on the rule. Should the proposed action on a rule affect one's substantive rights, the opportunity for an oral hearing will be granted if requested in writing by at least twenty-five (25) persons, by a governmental subdivision or agency, or by an association having not less than twenty-five (25) members. If no substantive rights are involved, the opportunity for oral arguments or views is in the discretion of the Board. The Board shall decide whether any substantive rights are involved.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 5 - Rule Making Hearings › Section 255:1-5-2 - Petition for rule making

Current through Vol. 41, No. 20, July 1, 2024
Any interested person may petition the Board requesting the promulgation, amendment or repeal of a rule. The petition shall be filed with the Secretary of the Board, and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and reasons for the request. The request should also state whether there is someone known to the petitioner who is concerned with the subject and should be notified of the hearing. The Board at a special meeting will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. The Board may, at its discretion, postpone the discussion and ruling of the petition until the next scheduled meeting and all parties shall be notified of the postponement.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 5 - Rule Making Hearings › Section 255:1-5-3 - Compliance with Administrative Procedures Act

Current through Vol. 41, No. 20, July 1, 2024
In any rule-making decision, whether initiated by the Board or by petition, the Board shall comply with the current requirements of the Administrative Procedures Act, Title 75, Section 301 et seq.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 5 - Rule Making Hearings › Section 255:1-5-4 - Notice and hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
A notice of proposed rulemaking shall be mailed to all interested persons who have made a request of the Board for advance notice of the rule making proceedings, or who were specified in the petition for the rules, and shall be published in the Oklahoma Gazette or its successor publication. Twenty (20) days time shall be calculated from the date of the mailing of the notice or the publication, whichever is later.
(b)
Hearing site.
Unless otherwise specified by the Board as stated in the notice, all hearings shall be conducted in the State Capitol Building, Oklahoma City, Oklahoma.
(c)
Appearances.
Any person who is interested or affected by a proposed action may appear at the hearing. An appearance may be made individually or by an attorney, or by an authorized agent.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 7 - Interpretation of Rules › Section 255:1-7-1 - Purpose; fair and impartial construction

Current through Vol. 41, No. 20, July 1, 2024
The Rules and Regulations and modes of procedures contained in this chapter are adopted for the purpose of simplifying procedure, avoiding delays, saving expense and facilitating the operations of the State Board of Equalization. To that end, these Rules and Regulations shall be given a fair and impartial construction.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 7 - Interpretation of Rules › Section 255:1-7-2 - Petitions for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Any person may file with the Board a petition for a declaratory ruling as to the applicability of any rule or order of the Board. Petitions for declaratory ruling shall be acted upon in a reasonably prompt manner.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 1 - Administrative Operations › Subchapter 7 - Interpretation of Rules › Section 255:1-7-3 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If any section, sentence, clause or phrase of the Rules and Regulations of the Board shall be held, for any reason, to be inoperative or unconstitutional, void, or invalid, the validity of the remaining portion of these Rules and Regulations shall not be affected thereby, it being the intention of the State Board of Equalization in amending its Rules and Regulations that no portion or provision herein shall become inoperative or fail by reason of the unconstitutionality or invalidity of any portion or provision, and the Board does hereby declare it would be severally passed and adopted provisions contained herein separately and apart from one another.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 1 - General Provisions › Section 255:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter implement the State Board of Equalization's statutory and constitutional authority and responsibility for equalization of county property assessments, valuation of railroad and public service corporation property, and certification of State revenue. The rules of this Chapter also establish procedures for protests, complaints, and hearings on the Board's valuation decisions.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 3 - Procedures and Criteria › Section 255:10-3-1 - Valuation of railroad and public service corporation property

Current through Vol. 41, No. 20, July 1, 2024
(a)
Duties.
Pursuant to Title 68, Section 2455, the Board, with the assistance of the Oklahoma Tax Commission, shall do all things necessary to enable it to assess and value all taxable property of the railroad and public service corporations, to discover omitted property, and determine the taxable status of any property which is claimed to be exempt from ad valorem taxation for any reason.
(b)
Railroad and public service corporation values laid before Board.
After the returns of railroads and public service corporations have been made to the Oklahoma Tax Commission, such returns, together with the findings and recommendations of the Commission thereon, shall be laid before the State Board of Equalization, and said Board shall have the authority and duty to raise or lower the returned value of any property to conform to not exceed thirty five (35%) of the fair cash value thereof, estimated at the price it would bring at a fair, voluntary sale.
(c)
Late filing dates and penalties.
(1) Pursuant to Title 68, Section 2453, should any railroad or public service corporation doing business in this State fail or refuse to make the designated statements or schedules within the time and manner required, it shall be the duty of the Board to ascertain, from the best information obtainable, the value of the property of such company, and, as a mandatory penalty, shall add amounts as follows:
(A) If listed or assessed after March 15th, but on or before April 15th, ten percent (10%) of the assessed value;
(B) If listed after April 15th, twenty percent (20%) of the assessed value.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 3 - Procedures and Criteria › Section 255:10-3-2 - County equalization

Current through Vol. 41, No. 20, July 1, 2024
(a)
Duty of Board.
Pursuant to Title 68, Section 2463, "it shall be the duty of the Board to examine the various county assessments and to equalize, correct and adjust the same as between the counties by increasing or decreasing the aggregate assessed value of the property, or any class thereof, in any or all of them, to conform to the fair cash value thereof, and to order and direct the assessment rolls of any county in the State to be so corrected as to adjust and equalize the valuations of the real and personal property of the several counties."
(b)
County equalization meeting date.
Pursuant to Title 68, Section 2463, the Board must hold a session at the Capitol of the State, commencing at ten o'clock (10:00) on the fourth (4th) Monday in June of each year for the purpose of equalizing the property of the several counties."
(c)
Requirement for official action.
In the case of the absence or failure of said Chairman and Secretary, or either of them, to so act on the fourth Monday of June, any four or more members thereof shall proceed on said date to conduct the Board's session and carry on its work as herein required, provided, that any official action by said Board shall require approval by a majority of all members of the Board.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 3 - Procedures and Criteria › Section 255:10-3-3 - Certification of State funds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Estimate of Revenues.
As mandated in Article X, Section 23 of the Oklahoma Constitution, the Board shall make an itemized estimate of the revenues to be received by the State under the laws in effect at the time such estimate is made for the next ensuing fiscal year, showing separately the revenues to accrue to the credit of the General Revenue Fund and each special fund of the State. When the Legislature enacts new laws which provide additional revenue or a reduction in revenue, it shall be the duty of the Board to make an adjustment in the estimate of the revenues which will accrue by reason of the new statutes.
(b)
Certification of funds meeting date.
As mandated in Article X, Section 23 of the Oklahoma Constitution, the Board shall meet not more than forty-five (45) days or less than thirty-five (35) days prior to each regular session of the Legislature to make an itemized estimate of revenues to be received by the State in the ensuing fiscal year.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 5 - Protests, Complaints and Hearings › Section 255:10-5-1 - Notice of increase in valuation of county property; complaint or protest

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Title 68, Section 2464, in any case where the Board has increased the valuation of the property, or any class thereof, in any county, the Board shall notify by mail the Board of County Commissioners and the county assessor of said county, giving the amount of such valuation as increased. Either the District Attorney, acting under the direction of the Board of County Commissioners and for the entire taxpaying public of the county, or any taxpayer who might feel aggrieved at the change in the equalized value of his property, shall have ten (10) days from date of such notice in which to file with the Secretary of the Board written complaint specifying his grievances and the pertinent facts in relation thereto in ordinary and concise language and without repetition, and in such manner as to enable a person of common understanding to know what is intended.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 5 - Protests, Complaints and Hearings › Section 255:10-5-2 - Notice of increase in valuation of railroad or public service corporation property; complaint or protest

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to Title 68, Section 2466, in any case where the Board shall increase the valuation of property of any railroad or public service corporation above the value returned by the taxpayer, the Secretary of the Board shall notify the taxpayer by mail, giving the amount of such valuation as increased. The taxpayer shall have ten (10) days from the date of such notice in which to file, with the Secretary of the Board, a written complaint, specifying his grievances, and the pertinent facts in relation thereto in ordinary and concise language and without repetition, and in such manner as to enable a person of common understanding to know what is intended.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 5 - Protests, Complaints and Hearings › Section 255:10-5-3 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearing date set.
Upon receipt of any complaint or protest filed timely pursuant to 255:10-1-2, the Board will fix a date of hearing. Service of notice of the hearing shall be made by certified mail.
(b)
Hearings conducted under Administrative Procedures Act.
Hearings will be conducted in accordance with the Administrative Procedures Act before the Board or before a hearing officer designated by the Board.
(c)
Subpoena power.
The hearing authority may require the furnishing of information; the attendance of witnesses; and the production of books, records, papers or other objects as may be necessary and proper for the purposes of the hearing.
(d)
Depositions.
Any party to a proceeding may take depositions of witnesses in the same manner as provided by law in civil actions before courts of record and such depositions may be admitted into evidence subject to the right of objection at the time of hearing in accordance with the law.
(e)
Conduct of hearings.
The hearing shall be conducted in an orderly manner by the hearing examiner or Chairman of the Board. The order of procedure will follow that which applies in civil proceedings of law. However, the rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act.
(f)
Admissibility.
The Chairman of the Board, or hearing examiner, shall rule upon the admissibility of evidence and objections thereto, and shall rule upon other motions or objections arising in the course of the hearing.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 5 - Protests, Complaints and Hearings › Section 255:10-5-4 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Record shall be made.
A record of the hearing, by means of tape or shorthand notes, will be made of all hearings conducted, unless the hearing authority designates otherwise. A transcript of the proceeding shall not be transcribed except upon written application and a cash deposit provided by the requesting party sufficient to pay for having the record transcribed.
(b)
Maintenance of hearing record.
The record of the hearing and the file containing the pleadings will be maintained in a place designated by the Board.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 5 - Protests, Complaints and Hearings › Section 255:10-5-5 - Proposed orders

Current through Vol. 41, No. 20, July 1, 2024
At any individual hearing not heard by a majority of the members of the Board, the decision, if adverse to a party to the proceeding shall not be made until a proposed order is served upon the parties and an opportunity is afforded to each party adversely affected to file exceptions and present brief and oral arguments to the Board. The proposed order shall be accompanied by a statement of the reasons therefor and for each issue of fact or law necessary to the proposed order, prepared by the person who conducted the hearing, or by one who has read the record. Exceptions must be filed with the Secretary of the Board within ten (10) days of mailing the proposed order to the complainant. If exceptions are filed, the Board shall set the time and place for the Board to consider the proposed order and the exceptions to it, and cause notice of such time and place to be mailed to the complainant. Briefs in support of exceptions must be filed with the Board at least seven (7) days before such hearing. The complainant may personally or through a counsel, be present and present oral argument to the Board in support of the exceptions. If no exceptions are filed, the Board will consider the proposed order at its next regular or special meeting, or at such other time as is convenient to the Board.
Oklahoma Administrative Code › Title 255 - State Board of Equalization › Chapter 10 - Property Valuation and Revenue Certification › Subchapter 5 - Protests, Complaints and Hearings › Section 255:10-5-6 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Final order in writing.
A final order adverse to a party in an individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. A copy of the order shall be mailed forthwith to each party.
(b)
Orders may be published.
All final orders shall be retained in the record of such hearing and, unless modified or overruled by a court of competent jurisdiction, may be cited as persuasive authority in any other proceeding before the Board. At the discretion of the Board, any or all such final orders that establish substantive or procedural clarification of the mandates of the Constitution or Statutes of the State of Oklahoma, cited herein, may be published and thereafter cited as precedential authority for determination of issues in any subsequent proceeding before the Board.
Oklahoma Administrative Code › Title 257 - Ethics Commission › Chapter 25 - Procedure for Assessing Late Filing Fees [Revoked] › Section 257:25-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 4717, eff 9-1-94 (emergency); Revoked at 12 Ok Reg 2251, eff 7-1-95
Oklahoma Administrative Code › Title 257 - Ethics Commission › Chapter 25 - Procedure for Assessing Late Filing Fees [Revoked] › Section 257:25-1-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 4717, eff 9-1-94 (emergency); Revoked at 12 Ok Reg 2251, eff 7-1-95
Oklahoma Administrative Code › Title 257 - Ethics Commission › Chapter 25 - Procedure for Assessing Late Filing Fees [Revoked] › Section 257:25-1-3 - Candidate, political party and organization contributions and expenditures reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 4717, eff 9-1-94 (emergency); Revoked at 12 Ok Reg 2251, eff 7-1-95
Oklahoma Administrative Code › Title 257 - Ethics Commission › Chapter 25 - Procedure for Assessing Late Filing Fees [Revoked] › Section 257:25-1-4 - Late filing fees [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 4717, eff 9-1-94 (emergency); Revoked at 12 Ok Reg 2251, eff 7-1-95
Oklahoma Administrative Code › Title 257 - Ethics Commission › Chapter 25 - Procedure for Assessing Late Filing Fees [Revoked] › Section 257:25-1-5 - Applicability of rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 4717, eff 9-1-94 (emergency); Revoked at 12 Ok Reg 2251, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4721, eff 9-1-94 (emergency); Added at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4721, eff 9-1-94 (emergency); Added at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4721, eff 9-1-94 (emergency); Added at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-4 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 11 Ok Reg 4721, eff 9-1-94 (emergency); Reserved at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-5 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 11 Ok Reg 4721, eff 9-1-94 (emergency); Reserved at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-6 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 11 Ok Reg 4721, eff 9-1-94 (emergency); Reserved at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-7 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 11 Ok Reg 4721, eff 9-1-94 (emergency); Reserved at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-8

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4721, eff 9-1-94 (emergency); Added at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-9

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4721, eff 9-1-94 (emergency); Added at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-10

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4721, eff 9-1-94 (emergency); Added at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-11 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 11 Ok Reg 4721, eff 9-1-94 (emergency); Reserved at 12 Ok Reg 2255, eff 7-1-95
Oklahoma Administrative Code › Title 258 - Ethics Commission › Chapter 1 - Statutory Administrative Operations [REVOKED] › Section 258:1-1-12 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 11 Ok Reg 4721, eff 9-1-94 (emergency); Reserved at 12 Ok Reg 2255, eff 7-1-95