reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 380:1-1-6 - Emergency actions

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the Commissioner's statutory authority, and 75 O.S. §
									314.1, if the Agency finds that the public health, safety, or welfare imperatively requires emergency action, such may be ordered by the Commissioner or the Commissioner's designee, pending the final outcome of individual proceedings instituted pursuant to the Administrative Procedures Act, 75 O.S. §
									309 et seq., and Department of Labor Rules, OAC 380. Such Emergency Orders may require affirmative action on the part of either or both parties, or may require either or both parties to refrain from some particular act or acts, at the Commissioner's discretion.
Added at 15 Ok Reg 3245, eff 7-13-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 3 - Rule Making Procedures › Section 380:1-3-1 - Opportunity for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to the adoption, amendment, or repeal of any rule, the Department of Labor affords any interested person a reasonable opportunity to submit data, views, or arguments, orally or in writing to the Department of Labor concerning the proposed action on a rule. Should the proposed action on a rule affect one's substantive rights, the opportunity for a 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 argument or views is within the discretion of the Labor Commissioner.
(b) Any interested person may petition the Labor Commissioner requesting promulgation, amendment, or repeal of a rule. The petition shall be filed with the Labor Commissioner and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and the 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.
(c) The Labor Commissioner, after the completion of the notice or at a special meeting specified in the notice, will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. In either event, a hearing on said petition shall be held within sixty (60) days after received in proper form by the Labor Commissioner. For just cause, the Labor Commissioner may postpone the discussion and ruling on the petition until a subsequent meeting and all parties shall be notified of the postponement, if necessary.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 3 - Rule Making Procedures › Section 380:1-3-2 - Notice

Current through Vol. 41, No. 20, July 1, 2024
(a) In any rule making action, whether initiated by the Labor Commissioner or by petition, at least twenty (20) days notice shall be given and the notice shall state the issues involved, the time and place, and the manner in which interested persons may present their views.
(b) The notice shall be mailed to all interested persons who have made a request of the Labor Commissioner for advance notice of its 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. The twenty (20) days time shall be calculated from the date of mailing of notice or of the publication, whichever is later.
(c) The Labor Commissioner shall set, at his discretion, the place and time where all hearings are to be conducted.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 3 - Rule Making Procedures › Section 380:1-3-3 - Rule making hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing before the Labor Commissioner shall be informal, but in an orderly manner. The attendance of witnesses and production of records may be required in accordance with 380:1-7-18.
(b) Minutes shall be kept of the official meetings of the Labor Commissioner. Transcripts of all matters pertaining to rule making shall be open for public inspections at the Office of the Labor Commissioner.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 3 - Rule Making Procedures › Section 380:1-3-4 - Effective date

Current through Vol. 41, No. 20, July 1, 2024
Each rule adopted shall be effective twenty (20) days after filing, unless a later date is required by statute or specified in the rule, or unless the rule is adopted as an emergency rule.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 3 - Rule Making Procedures › Section 380:1-3-5 - Emergency rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Emergency rules may be adopted by the Labor Commissioner without the prescribed notice and hearing if the Labor Commissioner, stating in writing his reasons, finds that imminent peril to the public health, safety, or welfare requires this shortened procedure. However, the sufficiency of the reasons is subject to judicial review.
(b) Emergency rules become effective immediately upon filing with the State officials, as required by law, or at any stated date thereafter.
(c) The Labor Commissioner shall distribute a copy of the emergency rules to those persons who have requested to be notified of the rule making activities, and shall take other appropriate measures, where reasonable and practical, to notify other persons who may be affected by the rule.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 5 - Procedure for Declaratory Ruling › Section 380:1-5-1 - Request for ruling

Current through Vol. 41, No. 20, July 1, 2024
Any person affected by any rule or order promulgated or issued by the Labor Commissioner or one of his authorized agents, may request in writing to the Labor Commissioner an interpretation or ruling regarding the application of such a rule or order to the facts furnished with the request.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 5 - Procedure for Declaratory Ruling › Section 380:1-5-2 - Filing and contents of petition

Current through Vol. 41, No. 20, July 1, 2024
The petition shall be styled similarly to an ex parte petition filed in a court of law in this State, and shall be filed with the Labor Commissioner in triplicate. It shall state fully, clearly and concisely the rule or order involved or affected, and state the facts giving rise to the need for such ruling, giving all pertinent data necessary for consideration.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 5 - Procedure for Declaratory Ruling › Section 380:1-5-3 - Consideration of the petition refusal to issue ruling

Current through Vol. 41, No. 20, July 1, 2024
(a) The petition will be considered by the Labor Commissioner at his earliest convenience, but in any event, a hearing shall be held on said petition within ninety (90) days after received by the Labor Commissioner, and the petitioner shall be notified promptly of the date by the Labor Commissioner, and shall be entitled to be present in person or represented by counsel. At this meeting the Labor Commissioner shall determine whether or not to issue a ruling or to continue the matter for hearing upon the petition. The Labor Commissioner may refuse to entertain a petition for a declaratory ruling if:
(1) He determines that the facts stated in the petition do not afford an adequate basis therefor; or
(2) The experience under the rule or order is not adequate to enable him to make an effective or proper ruling; or
(3) The request is premature; or
(4) The request is one that should be handled through rule making procedure; or
(5) There exists other conditions rendering a declaratory ruling inopportune.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 5 - Procedure for Declaratory Ruling › Section 380:1-5-4 - Request for formal hearing

Current through Vol. 41, No. 20, July 1, 2024
A petitioner for a declaratory ruling, in his petition or by written motion prior to or at the preliminary consideration may request a formal hearing at which to present evidence in support of his petition, setting forth the substance of the facts to be proved, if they do not appear in his petition. The Labor Commissioner thereupon will set the matters for formal hearing within sixty (60) days from the date of the preliminary consideration, and notice shall be given as prescribed in 380:1-3-2.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 5 - Procedure for Declaratory Ruling › Section 380:1-5-5 - Joining of other parties affected by rule

Current through Vol. 41, No. 20, July 1, 2024
If, at any time, it appears from the papers filed or from evidence adduced that the interests of persons other than the petitioner are so affected by the requested ruling that it is improper to entertain the proceedings without hearing them, the Labor Commissioner may refuse to issue a declaratory ruling, or, in his discretion, he may require them to be made parties, and if the matter can be so handled consistently with the public interest and the efficiency of the Labor Department's procedures, then in that event, notice shall be served upon them, as in individual proceedings, and the matter will be governed thereafter by the procedure applicable to individual proceedings.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 5 - Procedure for Declaratory Ruling › Section 380:1-5-6 - Issuance of the ruling

Current through Vol. 41, No. 20, July 1, 2024
If the Labor Commissioner conducts a hearing upon a petition for a declaratory ruling, at the conclusion of the hearing, he may issue the ruling or he may decline to do so upon any of the grounds specified in 380:1-5-3 or upon any other legal grounds.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
All words which are defined in 75 O.S. Section 250.3 are used in accordance with such meanings, or any other appropriate definition.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-3 - Contents of petition

Current through Vol. 41, No. 20, July 1, 2024
An individual proceeding may be initiated by the Labor Commissioner or his representative or by an individual filing a verified petition containing a brief statement, setting forth the relief requested, and the facts alleged to give rise to the right of relief, and naming the person against whom relief is sought.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-4 - Contents of petition for cease and desist orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The Labor Commissioner in order to insure the public safety and/or uphold the legislative mandate may issue cease and desist orders. These orders will be issued to prevent the performance of acts violative of, or prohibited by, the labor laws; or it may require such affirmative action as will effectuate the policies of the labor statutes. A violation of any order issued subjects the party to contempt proceedings. The Labor Commissioner will evoke the power of cease and desist upon verified application.
(b) The Labor Commissioner will upon verified application, issue an ex parte order to the party offending the law or any rule adopted to implement the law. The order will recite the factual allegations and the relief sought or demanded, the rules or legal foundations for the order, and it will set forth a date for a hearing. The hearing will be in the form of a
show-cause
hearing, as example:
The Labor Commissioner being well and fully advised in the premises, and pursuant to a complaint filed by John Doe, finds the respondent to be in violation of the laws of this State.
Therefore, until further order of the Labor Commissioner, respondent is ordered to cease and desist, etc.
You are further notified to appear before the Labor Commissioner at 4001 North Lincoln Blvd., Oklahoma City, Oklahoma at 9:00 AM on the____day of______ 19__, and show cause why this order should not remain in full force and affect.
Any violation of this order prior to a determination on the merits will subject you to contempt proceedings and any other remedy provided by law.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-5 - Notice of parties

Current through Vol. 41, No. 20, July 1, 2024
As soon as possible after the filing of the petition, the Labor Commissioner shall notify the persons named therein of the filing and of the date set for hearing. The notice shall contain:
(1) A statement of the time, place, and nature of the hearing, and of the relief demanded;
(2) A brief statement which may be in the words of the petition or in adequate condensation of the matters asserted as grounds for relief;
(3) A citation of the statutes, rules, or other legal jurisdiction, giving specific citation and statement of the provisions basic to the proceedings;
(4) A statement that the persons notified may appear at the hearing and be heard, in person or other counsel, and that they may file such answer or other pleading as they may deem appropriate including a request for more detailed statements of the matters asserted, if this is necessary to define the issues;
(5) A statement that, in the default of appearance, the relief demanded may be granted.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-6 - Methods of serving notice

Current through Vol. 41, No. 20, July 1, 2024
All notices or other papers, service of which is required in individual proceedings shall be served in one of the following manners:
(1) Personally upon the noticee, by any person appointed to make service by the Labor Commissioner, and in any manner authorized by the law of this State for the personal service of summons in proceedings in the state courts, or;
(2) By regular first class mail, addressed to the noticee at such post office address as he may have filed with the Labor Commissioner, or if no such address has been filed, at the noticee's last known post office address, or;
(3) If no known post office address can be discovered in the exercise of due diligence, by publication in such newspapers and for such time, or by posting in such places and for such time, as the Labor Commissioner may direct as most likely to give opportunity for information to noticee.
(4) Any notice or other document, the method of service of which is specified by statute, shall be served in the manner indicated in that statute.
Amended at 15 Ok Reg 3245, eff 7-13-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-7 - Time notice is completed

Current through Vol. 41, No. 20, July 1, 2024
Service of notice shall be complete upon personal service, or upon the deposit of notice in the United States mail, or upon the posting of notice, or first publication thereof, as the case may be.
Amended at 15 Ok Reg 3245, eff 7-13-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-8 - Time of hearing: request for extension

Current through Vol. 41, No. 20, July 1, 2024
The time set for a hearing shall be specified in the notice thereof. If the noticee deems that the date specified gives inadequate time for preparation for the hearing, the noticee may apply in writing for an extension, stating the item desired and the reasons for the request. The application shall be acted upon promptly by the Labor Commissioner, and if the extension is denied, the party may renew the request and make proper showing for a continuance at the hearing.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-9 - Hearing procedures: presiding officer

Current through Vol. 41, No. 20, July 1, 2024
The hearing shall be conducted in an orderly manner by the Labor Commissioner or his designee. The order of procedure will follow generally that which obtains in civil proceedings at law. However, strictness of procedures shall not be required, the objective being that fairness and orderliness prevail to afford a full hearing which protects the rights of all concerned. The rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act. The Labor Commissioner shall be the presiding officer at the hearing or proceeding. However, in his absence, the Labor Commissioner's designee shall serve as presiding officer.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-10 - Assistance of counsel to the Labor Commissioner

Current through Vol. 41, No. 20, July 1, 2024
The Labor Commissioner may seek the assistance of the Attorney General or an Assistant Attorney General, if requested and available at the time of hearing, to sit with the Labor Commissioner.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-11 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
The report of a hearing shall be set forth in such forms and detail as the Labor Commissioner may direct, unless the hearing is fully transcribed, and shall be placed on file in the Labor Department. The record shall include:
(1) All pleadings, motions, intermediate rulings;
(2) Evidence received or considered;
(3) A statement of matters officially noticed;
(4) Questions and offers of proof, objections, and rulings thereon, and;
(5) Decision opinion, or report by the officer presiding at the hearing; all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-12 - Reporter and transcripts

Current through Vol. 41, No. 20, July 1, 2024
The full proceedings of any hearing shall be transcribed on the request of any party. The fee for the reporter shall be paid by the party requesting the services of a reporter, but may be taxed as costs to another party at the direction of the Labor Commissioner in appropriate circumstances.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-13 - Findings of fact

Current through Vol. 41, No. 20, July 1, 2024
All findings of fact made by the Labor Commissioner shall be based exclusively on the evidence, on matters officially noticed during the hearing, and upon the information received by the Labor Commissioner through investigation and examination made by its agents prior to or during the hearings, which shall be reduced to writing, sworn to, and filed and made a part of the record, or the testimony of such agents shall be taken under oath, in the discretion of the Labor Commissioner.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-14 - Testimony of witnesses

Current through Vol. 41, No. 20, July 1, 2024
The testimony of witnesses and documentary evidence may be admitted on behalf of any party at the hearing, subject to objections as to relevancy by the opposing party. A party may conduct cross-examination required for a full and true disclosure of the facts.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-15 - Notice of facts

Current through Vol. 41, No. 20, July 1, 2024
The Labor Commissioner shall give notice to all parties, prior to or at the hearing, of any facts of which it proposes to take official notice. Any party or his attorney may request that official notice may be taken of any fact qualified for such notice by the statutes of this State. If such official notice is taken, it shall be stated in the record, and all parties shall have opportunity to contest and give evidence in rebuttal or derogation of the official notice.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-16 - Right to counsel

Current through Vol. 41, No. 20, July 1, 2024
Any party shall at all times have the right to be represented by counsel duly licensed to practice law in the State of Oklahoma.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-17 - Final orders, proposed finding of facts, and conclusions of law

Current through Vol. 41, No. 20, July 1, 2024
All final orders in any 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. Any party to a proceeding before the Labor Commissioner may file proposed findings of fact and conclusions of law; and if proposed findings of fact are filed, the final order of the Labor Commissioner shall include a ruling upon each proposed finding. All parties shall be notified either in person or by mail of any order. Upon request, a copy of the order shall be delivered or shall be mailed forthwith to each party and to his attorney at the address specified in the request.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-18 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
Subpoenas for the attendance of witnesses, or for the furnishings of information required by the Labor Commissioner, or for the production of evidence or records of any kind shall be issued by the Labor Commissioner or his representative. In like manner, and for like purpose, subpoenas shall be issued by the Labor Commissioner at the request of any party to a proceeding before the Labor Commissioner for the attendance of witnesses or for the production of evidential materials at a hearing in such proceeding. The signature of the Labor Commissioner or his representative shall be sufficient authentication for an subpoena. Subpoenas shall be served in any manner prescribed by this Chapter for the service of notices.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-19 - Refusal to obey subpoena or to testify

Current through Vol. 41, No. 20, July 1, 2024
Upon the failure of any person to obey a subpoena, or upon the refusal of any witness to be sworn or make an affirmation or to answer a question put to him in the course of a hearing in any rule making proceeding, proceeding for a declaratory ruling, or in an individual proceeding, or in any other authorized action of the Labor Commissioner, the Labor Commissioner as soon as convenient shall consider the matter. The Labor Commissioner may direct the institution of appropriate judicial proceedings under the law of the State for an order to compel compliance with the subpoena or the giving of testimony, as the case may be. Meanwhile, the hearing or other matters shall proceed, so far as possible, but the Labor Commissioner at his discretion at any time may continue the proceedings for such time as may be necessary to secure a final ruling in the compliance proceedings.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-20 - Costs

Current through Vol. 41, No. 20, July 1, 2024
The costs covering the issuance and service of subpoenas and all witness fees incurred on behalf of a party to the proceedings, other than the Labor Commissioner, shall be borne by the party on whose behalf they are incurred, but the Labor Commissioner in his final order may tax such costs to some other party if justice so requires.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-21 - Proof of service

Current through Vol. 41, No. 20, July 1, 2024
Proof of service of all notices, subpoenas, or other documents requiring service may be made by affidavit of the party making service, specifying dates and manner of service. Such proof shall be prima facie evidence of the fact of service as stated, and the burden of proof shall be upon any person or party contesting the same to establish its invalidity.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-22 - Administration of oaths, ruling upon offers of evidence

Current through Vol. 41, No. 20, July 1, 2024
The Labor Commissioner or his designee presiding at a hearing shall administer oaths or require affirmations for the proposes of the hearing. He or the Hearing Officer shall rule upon the motions, objections, offers of proof, or other incidents of the hearing.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-23 - Rehearing, reopening, or reconsideration

Current through Vol. 41, No. 20, July 1, 2024
A petition for rehearing, reopening, or reconsideration of a final order must be filed with the Labor Commissioner within ten (10) days from the entry of the order. It must be signed by the party or his attorney, and must set forth with particularity the statutory grounds upon which it is based. However, a petition based upon fraud practiced by the prevailing party or upon procurement or the orders by perjured testimony or fictitious evidence may be filed at any time. All petitions for rehearing, reopening, or reconsideration will be considered and ruled upon as soon as the convenient conduct of the Labor Commissioner's business will permit.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-24 - Informal hearing of a matter

Current through Vol. 41, No. 20, July 1, 2024
The parties to any individual proceeding may present the matter to the Labor Commissioner or to any authorized representative in informal conference and upon mutual consent of all parties and of the Labor Commissioner, and the matters may be submitted and determined and an order may be issued without resort to formal procedures. The order shall be in writing and shall be furnished to the parties as prescribed for orders issued after formal hearing in individual proceedings.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings, Public Hearings and Formal Procedures › Section 380:1-7-25 - Stipulation of an order

Current through Vol. 41, No. 20, July 1, 2024
Any time in an individual proceeding the parties thereto may enter into stipulation for the issuance of an order, specifying its terms, or may enter into an agreement for settlement upon specified terms, or may consent to the issuance of an order upon specified terms. In either event the stipulation, the settlement agreement or the consent shall be reduced to writing duly executed by the parties, or shall be entered upon the record in open hearing. Orders made under this rule shall be in writing and shall be served as other orders are served.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 9 - Licensing Procedures › Section 380:1-9-1 - Applications for licenses

Current through Vol. 41, No. 20, July 1, 2024
(a) References to specific license application requirements are as follows:
(1)
Asbestos removal.
For asbestos removal licenses, see Chapter 50, Subchapter 5 of this Title.
(2)
Welders, testing labs.
For licenses for welders and testing labs, see Chapter 20 of this Title.
(3)
Amusement rides.
For amusement ride licenses, see Chapter 55 of this Title.
(4)
Private employment agencies.
For private employment agency licenses, see 40 O.S. Section 53.
(5)
Elevators.
For elevator installation, repair and inspection licenses, see Chapter 70, Subchapter 5 of this Title.
(6)
Boilers.
For boiler and pressure vessel service, repair and installation licenses, see Chapter 25, Subchapter 13 of this Title.
(7)
Alarm and Locksmith Industry.
For burglar alarm, fire alarm, alarm monitoring, fire sprinkler, locksmith, electronic access control, closed circuit television and nurse call licenses, see Chapter 75, Subchapter 3 of this Title.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 9 - Licensing Procedures › Section 380:1-9-3 - Notification of action on license

Current through Vol. 41, No. 20, July 1, 2024
In accordance with statute, no license will be revoked, suspended, annulled, withdrawn, or its renewal refused until the licensee is notified by certified mail or by other means of notification as specified in individual proceedings of the facts which warrant the intended action by the Labor Commissioner, and the licensee is given an opportunity to show compliance with all lawful requirements for the retention of the license.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 9 - Licensing Procedures › Section 380:1-9-4 - Revocation of licenses for failure to pay child support

Current through Vol. 41, No. 20, July 1, 2024
(a) As used in these rules:
(1) "Department" means the Department of Labor;
(2) "License" means a license, certificate, registration, permit, approval or other similar document issued by the Department of Labor granting an individual a right or privilege to engage in amusement rides, asbestos removal, boxing, welding, operating welding test labs, private employment agencies, installation of boilers and pressure vessels;
(3) "Obligor" means the person who is required to make child support payments and whose license is suspended, revoked or put on probation;
(4) "Suspension, Suspending, Suspended" means to bar for a period of time from a privilege of using a license issued by the Department;
(5) "Revocation, Revoke, Revoked" means to void, recall, or withdraw a power or authority conferred, as with a license issued by the Department;
(6) "Probation" means a trial period in which a person is given time to try to redeem his/her bad conduct and comply with the court's order.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 1 - Administrative Operations › Subchapter 9 - Licensing Procedures › Section 380:1-9-5 - Fee waivers for license or certification for low-income individuals

Current through Vol. 41, No. 20, July 1, 2024
(a) Any applicant seeking a one-time one-year waiver of any license or certification fees pursuant to 59 O.S. § 4003 shall submit to the Department of Labor, at the time of application for licensure or certification, satisfactory evidence that the applicant qualifies as a low-income individual as defined in 59 O.S. § 4003. Request for a one-time one-year waiver of any license or certification fees may be made by new applicants for licensure, applicants for renewal of existing licenses, and applicants for reinstatement of existing or inactive licenses or certificates.
(b) Qualifying low-income individuals may apply for a one-time one-year waiver of license or certification fees for any license issued by the Oklahoma Department of Labor and may apply for a one-time one-year waiver of license or certification fees for multiple distinct licenses.
(c) Where applicable, a qualifying low-income individual may apply for a waiver of any license or certification fees for a temporary and/or trainee license as well as a non-temporary license in the same category of licensure in the same calendar year, which commences on the date of initial issuance of the temporary and/or trainee license.
(d) Any applicant seeking a one-time one-year waiver of any license or certification fees associated with a license with a multi-year term shall, upon approval by the Department, receive a waiver of fees prorated to one year.
(e) The Commissioner of Labor or his or her designee shall, consistent with 59 O.S. § 4003, determine whether an applicant has submitted satisfactory evidence that the applicant qualifies as a low-income individual.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 15 - Hazardous Employment of Children › Section 380:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in Chapter 15 is to restrict children under the age of sixteen in engaging in certain occupations and to promulgate rules that the Commissioner of Labor shall use in determining what occupations are injurious to the health or morals or especially hazardous to life and limb to children.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 15 - Hazardous Employment of Children › Section 380:15-1-4 - Special hazards

Current through Vol. 41, No. 20, July 1, 2024
In order to vitalize Section 71 of Title 40, Oklahoma Statutes, the Commissioner of Labor has determined that the following occupations are either or both injurious to health or morals or especially hazardous to life or limb of children under fifteen years of age:
(1) Working in or around grease vats or deep-frying facilities; and/or
(2) Working around any powered machine used in the slicing or preparing of foods.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 1 - General Provisions › Section 380:16-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to set forth rules for the enforcement of 40 O.S. §
									71
et seq.
, relating to the employment of children.
Added at 16 Ok Reg 3016, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 1 - General Provisions › Section 380:16-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms shall have the following meaning, unless the context clearly indicates otherwise:
"The Act"
shall be defined as 40 O.S. §§ 71-89 .
"Age and Schooling Certificate"
may at various times be referred to as "employment certificate of age and schooling," "employment certificate," "work certificate," and "work permit."
"Commissioner"
shall mean the Commissioner of Labor or her designee.
"Equity interest"
means ownership interest.
"Hearing officer"
shall mean the Commissioner of Labor or her designee sitting as Administrative Law Judge.
"Inspecting officer"
means any employee of the Department of Labor who may be designated to inspect or investigate violations of the Act, or who personally observes a violation of the Act.
Added at 16 Ok Reg 3016, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 1 - General Provisions › Section 380:16-1-3 - Burden of compliance on parents and employer

Current through Vol. 41, No. 20, July 1, 2024
The failure of a parent or guardian to comply with the provisions of the Act shall not absolve the employer from the requirements thereof. Lack of knowledge, either actual or constructive, as to an employee's age shall not be a valid defense to any violation of the Act.
Added at 16 Ok Reg 3016, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 5 - Hearing Procedures › Section 380:16-5-1 - Notices of violation

Current through Vol. 41, No. 20, July 1, 2024
If upon inspection or investigation, an employer is found to be in violation of the Act, the inspecting officer may issue the employer a written citation describing the violations found and any corrective action which must be taken. Employers are to comply with such corrective action immediately, or as soon as possible, unless otherwise instructed by the Commissioner. Failure to comply with the Commissioner's lawful order shall be taken into account as an aggravating factor during any administrative hearing. In any administrative hearing, the hearing officer shall not be bound by the amount of any fine which may have been negotiated prior thereto. The hearing officer may set the fine at whatever amount he or she deems appropriate, up to the maximum allowed by the Act.
Added at 16 Ok Reg 3016, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 5 - Hearing Procedures › Section 380:16-5-2 - Warnings

Current through Vol. 41, No. 20, July 1, 2024
In lieu of a citation, the inspecting officer may issue a warning to the employer if such is warranted in the officer's opinion. The warning may require that corrective action be taken immediately; however, failure to comply with a warning will not result in a fine being imposed upon the employer, unless a subsequent citation is issued to the employer.
Added at 16 Ok Reg 3016, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 5 - Hearing Procedures › Section 380:16-5-3 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Employers cited for violations of the Act will be provided with notice of the date, time, and place where they may contest such violations. Employers may appear either in person or by counsel. Failure to appear may result in entry of a default order and assessment of the maximum fine allowable by law. Employers may file whatever pleadings or motions they deem appropriate.
(b) The Notice of Violation and the testimony of the inspecting officer shall establish a prima facie case that the violation occurred.
(c) If the employer wishes to contest any facts relating to the violation, or to present an affirmative defense, the employer shall provide the following documents to the agency's Legal Division at least 10 days prior to the scheduled hearing date:
(1) A brief statement explaining the employer's defenses to the citation;
(2) A list of any witnesses the employer intends to call on its behalf;
(3) Two (2) copies of all documents the employer intends to introduce as exhibits at the hearing.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 16 - Child Labor Violations › Subchapter 5 - Hearing Procedures › Section 380:16-5-4 - Cease and desist orders

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to the Act, the Commissioner may issue Cease and Desist Orders against employers who repeatedly violate child labor laws. If a Cease and Desist Order is issued against an employer, the matter will be set before a hearing officer on the next available Child Labor docket. The employer shall be commanded to appear and show cause why the Order should not remain in full force and effect. Failure to comply with the Order and/or appear at the show cause hearing may result in the Commissioner obtaining an injunction from the District Court to enforce the Order. Compliance with any Cease and Desist Order is mandatory unless and until the Commissioner rescinds the Order.
Added at 16 Ok Reg 3016, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 20 - Welding Rules › Section 380:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in Chapter 20 is to provide guidance for the implementation of standards for the licensing of welders, certification of weld test facilities, and certification of welding inspectors as mandated by Title 59 of the Oklahoma Statutes, Section 1624, et seq.
Amended at 23 Ok Reg 2984, eff 7-13-06
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 20 - Welding Rules › Section 380:20-1-2 - General certification requirements

Current through Vol. 41, No. 20, July 1, 2024
The Rules contained in Chapter 20 are applicable to the specific construction Codes adopted in the Oklahoma Welding Law, found in Title 59 O.S. Section 1624, et seq. The Oklahoma Boiler and Pressure Vessel Safety Act, Title 40,O.S., Sections 141.1 et seq., contains the Statutes for new construction, field assembly, alteration, and repair of boilers and pressure vessels. For new construction and repair of welded down stream piping operated or designed to operate in excess of 15 P.S.I. pressure, welder performance test and certification or test reports must be made by an Oklahoma Weld-Test Facility certified by the Department of Labor in accordance with the following procedures.
(1) The welding inspector shall:
(A) Forward properly certified and signed test reports to the Department of Labor.
(B) Make sure that the permanent address of the welder is included in the test reports. These test reports shall contain the following information as a minimum: complete name and mailing address of the welder; welding position(s) in which the weld-test(s) was/were performed in; welding process or processes used; date(s) of test(s); social security number; birth date; hair color; eye color; height; weight; complete name and mailing address of the weld test facility; and the state assigned identification number of the weld test facility.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 20 - Welding Rules › Section 380:20-1-3 - Welding inspectors

Current through Vol. 41, No. 20, July 1, 2024
(a) The intent of Title 59 O.S. Section 1627 is that the welding inspector be physically present during the welders fusing of the test materials and that he witness the test fused material from fit up through fusion, preparation of coupons and ultimate destructive test or to the on-site nondestructive examination personnel. Therefore the welding inspectors test report must contain the following statement: "I certify that I personally witnessed all phases of the welding performance test of the above named welder and that the above data reflects a true report of the test results."
(b) The following definitions shall apply to this chapter;
(1) "ASME" means the American Society of Mechanical Engineers, Three Park Avenue, New York, NY, 10016-5990;
(2) "API" means the American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005-4070;
(3) "ASTM" means American Society of Testing and Materials, 100 Bar Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959;
(4) "AWS" means the American Welding Society, 550 N.W. LeJeune Road, Miami, Florida 33126;
(5) "Certificate," or "Certification Card" means the document issued to an applicant upon successful examination;
(6) "Destructive" means to bend or pull the weld test coupon to see if it cracks or breaks;
(7) "NDE" means a nondestructive examination;
(8) "Welding Inspector" means any person certified as a welding inspector in accordance with Section 1628 of this Act, or any person in possession of one or more of the following certifications issued by the American Welding Society:
(A) Senior Certified Welding Inspector ("SCWI");
(B) Certified Welding Inspector ("CWI")
(C) Certified Associate Welding Inspector ("CAWI")
(9) "Welding Procedure Specification" ("WPS") means a written document providing direction to the welder for making production welds in accordance with Code requirements by identifying all essential, supplemental essential, and non-essential variables.
(10) "Structure" means any commercial or industrial building intended for human occupancy where any part of the building is fabricated, constructed, altered, repaired or enlarged using weldable material found in AWS D1.1 or D1.3 in the welding process.
(11) "Continuity log" means a written record that verifies a welder has maintained their certification in every qualified process by producing sound welds at least every six (6) months as may be required by the applicable ASME, API or AWS code(s).
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 20 - Welding Rules › Section 380:20-1-4 - Limitations affecting welding inspector certifications

Current through Vol. 41, No. 20, July 1, 2024
A welding inspector certification is non-transferable. Upon a certified welding inspector's termination from a weld-test facility, his certification shall be deemed cancelled.
Amended at 23 Ok Reg 2984, eff 7-13-06
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 20 - Welding Rules › Section 380:20-1-5 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Welding Act ( Title 59 O.S. Section 1631 ), provides the Oklahoma Commissioner of Labor shall have the power to suspend, refuse renewal of or revoke the welding inspector's certification, and the power to place on probation or to reprimand the holder, if he is found guilty of an unauthorized practice. The Commissioner of Labor may apply to any court of competent jurisdiction for an enforcement of its administrative decisions and rulings.
(b) The Oklahoma Welding Act (Title 59 O.S. Section 1640 ), provides any person who violates its provisions shall be guilty of a misdemeanor and upon conviction thereof shall be punished by payment of a fine of Five Hundred Dollars ($500.00).
Amended at 23 Ok Reg 2984, eff 7-13-06
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 20 - Welding Rules › Section 380:20-1-6 - Application procedure - weld-test facility

Current through Vol. 41, No. 20, July 1, 2024
To facilitate uniform welding certification, the State Department of Labor will issue to each applicant successfully meeting the qualifications requirements a certificate stating that the applicant has met the certification requirements. The certifications shall be valid for one (1) year unless revoked pursuant to the AOklahoma Welding Act@, Title 59 O.S. Sections 1624 - 1641 . The certification fee for each weld-test facility shall be two hundred-fifty dollars ($250.00). The certification shall be issued for a period of one (1) year, and shall be renewed by January 1st of each year. Failure to renew the certificate within thirty (30) days of expiration shall require certification.
Amended at 23 Ok Reg 2984, eff 7-13-06