reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 10 - Administration of Credit Enhancement Reserve Fund › Subchapter 15 - Miscellaneous Provisions › Section 200:10-15-5 - Special Fund limited obligation

Current through Vol. 41, No. 20, July 1, 2024
The obligation of the Fund will be limited to the monies on deposit therein, or committed to be deposited therein, and the net proceeds of the General Obligation Bonds. Any description of Insurance shall expressly indicate the limitation of the liability of the Authority and that neither the credit nor the taxing power of this state or any political subdivision thereof shall be available to satisfy any obligations with respect thereto. [74:5062.12]
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 10 - Administration of Credit Enhancement Reserve Fund › Subchapter 15 - Miscellaneous Provisions › Section 200:10-15-6 - Procedure for adoption, amendment or repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
Prior to the adoption, amendment, or repeal of any rule, the Administrator will give notice in accordance with the requirements of the Oklahoma Administrative Procedures Act. This notice will include a statement of either the terms or substance of the intended action specified in the notice. This notice will be mailed to all persons who have made a timely request of the Administrator to receive advance notice of its rule-making proceedings.
(b)
Public input.
The Administrator will afford all interested persons reasonable opportunity to submit data, views, or arguments, orally or in writing, concerning proposed action on a rule.
(c)
Emergency rules.
The Administrator may adopt an emergency rule if it determines that there is an imminent peril to the public health, safety and welfare. The Administrator must state its reasons for the emergency to the Governor who must certify that the emergency exists.
(d)
Filing and effectiveness of rules; hearings.
All rules of the Administrator will be filed and will take effect according to the provisions of the Oklahoma Administrative Procedures Act. Unless otherwise specified by the Administrator in the required notice, all rule-making hearings will be conducted in the Administrator's official office in Oklahoma City. Any interested person may appear, individually, by an attorney or by authorized agent at the Administrator's rule-making hearings.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 1 - General Provisions › Section 200:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter sets forth the policy process and procedure of The Oklahoma Development Finance Authority (formerly The Oklahoma Development Authority and so referred to in this Chapter) for financings not subject to the provisions of Chapter 10 of this Title.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 1 - General Provisions › Section 200:20-1-2 - Authority and scope

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been promulgated and adopted pursuant to that certain Trust dated November 1, 1974 as amended October 9, 1975 (the "Declaration of Trust") creating The Oklahoma Development Authority (the "Authority") and as authorized by Title 75, Section 301 et seq., the Oklahoma Public Trust Act, Section Title 60, Section Title 176 through 180.3 (the "Act") and Declaration of Trust as otherwise authorized under the laws of the State of Oklahoma (the "State"). The rules of this Chapter have been enacted for the purpose of implementing and administering the powers, duties and responsibilities of the Authority as provided by the Act, and the Declaration of Trust, which provide generally for the Authority to finance certain projects for the provision to such an extent and in such a manner which is now or hereafter shall be a proper public function of the State; to institute, furnish, provide and supply services and facilities for the conservation and implementation of the public welfare and protection and promotion of the public health of the State; to promote and development of agricultural, industrial, cultural and educational activities within the State; and to provide funds for the costs of financing, acquiring, constructing, installing, remodeling and equipping facilities to provide for and accomplish the foregoing.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 1 - General Provisions › Section 200:20-1-3 - Policy statement; interpretation and application of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) It is the duty and policy of the Authority to fully and expeditiously implement and administer the objectives, purposes and intent of the Declaration of Trust and the Act. The rules of this Chapter are accordingly adopted to assist in the effectuation and implementation of the Declaration of Trust and the Act.
(b) The rules, regulations, modes of procedure and Authority policies and guidelines in this Chapter provided shall in all instances be subject to and given a liberal, reasonable, fair and impartial construction interpretation and application to the end that the intent and purposes hereof may be obtained in compliance with the laws of the State and the public purposes sought to be served thereby.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 3 - Uses of Funds › Section 200:20-3-1 - Project and program costs for which financing may be expended

Current through Vol. 41, No. 20, July 1, 2024
Funds made available by the Authority to an applicant for approved projects and programs may be utilized and expended by an applicant toward applicant's payment and financing of project and program costs, as approved by the Authority. For purposes of this Chapter, project costs include, but shall not be limited to, the following miscellaneous and general project cost item:
(1) Costs of acquiring the facilities comprising the project;
(2) Costs of acquiring and constructing other items included in the facilities, including obligations incurred for labor and materials by contractors, builders and materialmen;
(3) Costs of restoration or relocation of property damaged or destroyed in connection with any construction;
(4) Costs of premiums of contractors' performance, payment and completion bonds;
(5) Costs of title insurance premiums;
(6) Costs of machinery, equipment and related facilities acquired or purchased for inclusion in the facilities and the cost of shipping, transportation and installation thereof;
(7) Taxes or other municipal or governmental charges levied or lawfully assessed against the facilities acquired during the period of acquisition;
(8) Costs of insurance premiums in connection with acquisition of the facilities;
(9) Costs of architects' and engineers' services related to the project prior to and during the period of acquisition;
(10) Payment or reimbursement of the applicant for interim financing loans and advances and all costs thereof;
(11) Abstract and title opinion costs;
(12) Costs of project legal fees and expenses of counsel for the Authority, bond counsel and other necessary counsel;
(13) Costs of fees of other consultants of applicant;
(14) Recording fees;
(15) Loan insurance expenses;
(16) Other costs of publishing and printing proceedings incident thereto;
(17) Costs of bond insurance fees and letter of credit fees;
(18) Costs of bond trustees, co-trustees, paying agents fees and expenses;
(19) Costs of underwriters fees; and
(20) Such other reasonable and necessary expenses as may be required to complete and carry out the terms of the proposed project or program subject to approval of a majority of the Trustees.
Amended at 12 Ok Reg 2183, eff 7-14-95
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 5 - Financing Application, Review and Approval › Section 200:20-5-4 - Authority inducement action

Current through Vol. 41, No. 20, July 1, 2024
After reviewing and considering the submitted application, the Authority may proceed to take one of the following alternative forms of Authority action on the application:
(1) The Authority may approve the application as submitted, in whole or in part, and thereby adopt an inducement resolution authorizing such further action as may be necessary to effectuate inducement. Such resolution shall include, among other things, a statement substantially to the effect that unless the bonds, notes or other obligations therein authorized are issued within one year from the date of its adoption, it shall expire and have no further effect, unless subsequently extended by action of a majority of the Trustees.
(2) The Authority may retain the application under advisement for further consideration or continue hearing on same for later ruling and disposition, and, the Authority may withhold ruling on the application pending further hearing and/or submission to the Authority of such further or additional information as the Authority may require for application consideration purposes.
(3) The Authority may reject and deny the application, in whole or in part.
(4) The Authority may approve the application, in whole or in part, such approval being conditioned and contingent upon receipt and approval by the Authority of any outstanding and necessary material, information, documents, verifications or other authorization, and thereby adopt an inducement resolution authorizing such further action as may be necessary to effectuate inducement.
(5) The Authority shall submit a Request for Approval from the Governor, if required by Oklahoma statute, Executive Order of the Governor of provisions of the Internal Revenue Code or regulations thereunder.
(6) Following the adoption of the inducement resolution, the Authority and the applicant shall execute and deliver a Memorandum of Understanding relating to the project which may include provisions relative to estimated fees, expenses and funding utilization.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 5 - Financing Application, Review and Approval › Section 200:20-5-5 - Authority final action

Current through Vol. 41, No. 20, July 1, 2024
Subsequent to inducement action, the project shall be placed upon the Authority's agenda for a regular (or special) Authority meeting and shall be considered for final action. Upon final approval of a project, the Authority may adopt a final resolution authorizing and approving:
(1) The Trustees executing and delivering an indenture of mortgage and loan agreement with the applicant for the purpose of financing the project;
(2) The issuance, sale and delivery of bonds, notes or other evidences of indebtedness to finance the cost of acquiring, constructing, furnishing and equipping the project of the applicant; and
(3) The Trustees executing and delivering such instruments, agreements, certifications and other documents as might be necessary to accomplish the financing of the project.
(4) Setting a date by which a bond purchase agreement or similar agreement shall be executed and put into effect, which date may be subsequently extended by action of a majority of Trustees.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 7 - Terms and Conditions of Assistance and Disbursements › Section 200:20-7-1 - Evidence of indebtedness

Current through Vol. 41, No. 20, July 1, 2024
Financing by the Authority contemplated within the rules of this Chapter shall be provided by the Authority for approved projects pursuant to such notes, bonds, revenue bonds or other appropriate form of evidence of indebtedness as issued by the Authority.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 7 - Terms and Conditions of Assistance and Disbursements › Section 200:20-7-2 - Loan interest and repayment

Current through Vol. 41, No. 20, July 1, 2024
The Authority loan repayment interest rate to be paid by applicant to the Authority if any, shall be as determined by the Authority and approved by the applicant and shall be payable by applicant under such terms and conditions as the Authority may require. The Authority may, in its judgment and discretion, provide for the term, condition, manner, form and schedule of applicant's repayment to the Authority of principal and interest.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 7 - Terms and Conditions of Assistance and Disbursements › Section 200:20-7-3 - Security for financing

Current through Vol. 41, No. 20, July 1, 2024
The Authority or the purchaser of the bonds or notes may require such security as it deems necessary, which such additional security may include but not be limited to such pledges, liens, revenues and/or mortgages on real estate, facilities or systems.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 7 - Terms and Conditions of Assistance and Disbursements › Section 200:20-7-4 - Conditions for disbursements

Current through Vol. 41, No. 20, July 1, 2024
(a) After an application for assistance has received final approval from the Authority, the following conditions and requirements shall be met prior to the release and disbursement of any funds:
(1) Applicant and Authority, and all other necessary parties, shall have executed all necessary and incidental instruments and documents for loan closing, including but not limited to all mortgages, notes, financing statements and pledges of project security and revenues where appropriate.
(2) If not previously provided, if applicable, applicant shall provide Authority with a written and verified statement setting forth:
(A) the amount of funds necessary for release and disbursement at closing which funds are needed for initial commencement of the project, and
(B) information reflecting the reasonable availability of and/or a commitment from all other revenue or funding sources needed to finance and complete the project.
(3) Prior to any financing, a complete disclosure of all fees relative to the project will be disclosed to the Authority and the Authority shall review said fees for reasonableness.
(4) The selection of the Trustee bank or banks and paying agents as approved by the Authority.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 9 - Miscellaneous Provisions › Section 200:20-9-1 - Inspection of works, books and records

Current through Vol. 41, No. 20, July 1, 2024
From the time of first application, throughout all stages of construction, and at any other time while any assistance from the Authority to the applicant is outstanding, the Authority shall have the right to inspect any and all projects, and any and all incidental works, areas, facilities and premises otherwise pertaining to the project for which application is made. The instruments, documents or information possessed by applicant of its contractors, agents, employees or representatives which relate in any respect to the receipt, deposit and/or expenditure of funds. By making application for financing to the Authority, all applicants shall be deemed to consent and agree to the right of reasonable inspection provided in this Section all applicants shall allow the Authority all necessary and reasonable access and opportunity for such purposes.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 9 - Miscellaneous Provisions › Section 200:20-9-2 - Project modifications

Current through Vol. 41, No. 20, July 1, 2024
After an application for financing has been approved by the Authority and after the Authority has reviewed and approved applicant's plans and specifications for the project, no change, modification, amendments, or departure otherwise to or from the approved plans and specifications which would materially or significantly affect total project cost, estimated revenues, or design shall be made, allowed or authorized without the prior written approval therefore by the Authority.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 9 - Miscellaneous Provisions › Section 200:20-9-3 - Public records

Current through Vol. 41, No. 20, July 1, 2024
All records of the Authority relating to the financing contemplated within the rules of this Chapter shall be public records available for public inspection by any interested person at reasonable times and in a reasonable manner.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 9 - Miscellaneous Provisions › Section 200:20-9-4 - Application, acceptance and administration fees

Current through Vol. 41, No. 20, July 1, 2024
Applicant shall be required to pay to the Authority any fee for the submission of an application for financing, an acceptance fee and administration fees as determined by the Authority.
Oklahoma Administrative Code › Title 200 - Oklahoma Development Finance Authority › Chapter 20 - Administration of ODFA-Financed Projects › Subchapter 9 - Miscellaneous Provisions › Section 200:20-9-5 - Project completion, inspection and audit

Current through Vol. 41, No. 20, July 1, 2024
Upon completion of any project for which financing has been provided, the applicant shall furnish to the Authority written notification of completion. Upon receipt of such notification, or upon project completion should notification not be furnished as required in this Chapter, the Authority may conduct a final on-site inspection of the project and an audit of any and all funds furnished to the applicant.
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 208:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of this Chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act. [75 O.S., §§ 250
et seq
.] The State of Oklahoma has created a trust fund for Economic Development Generating Excellence known as the EDGE Fund. The EDGE Fund is an instrumentality of the State created pursuant to 62 O.S. (2006 Supplement), Sections 47 and 52. Section 47 creates the trust fund and designates a Board of Investors to manage and invest the trust fund assets. Section 52 creates an EDGE Fund Policy Board, which is responsible for expending the available funds according to the statutory directives. The instant rules, regulations, policies and procedures have been adopted for the purpose of implementing and administering the duties and responsibilities of the EDGE Fund Policy Board (the "Policy Board" or "Board"), as provided by law.
(b) The rules of this Chapter are adopted for the purpose of simplifying procedure, avoiding unnecessary delays, minimizing expenses and facilitating the administration of the Policy Board. To that end, these rules shall be given fair and impartial construction. The rules shall be cumulative to the Administrative Procedures Act of the State of Oklahoma as amended now and hereafter.
(c) The rules of this Chapter shall be known as the General Rules for the EDGE Fund Policy Board and shall govern formal proceedings of the Board.
(d) Informal proceedings may be held by agreement between the Board, or its agents and any interested party.
(e) The provisions herein contained are severable and the repeal, amendment or invalidity of any provision hereof shall not serve to repeal or invalidate the remaining provisions of the rules of this Chapter.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 208:1-1-2 - Vision and mission statement

Current through Vol. 41, No. 20, July 1, 2024
The rules of the Policy Board have been framed to effectuate achievement of the vision and missions of the EDGE Fund. [62 O.S. 2006, 52]
(1)
Vision.
Oklahoma has created the EDGE Fund to be one of the nation's largest public funds dedicated to the development and commercialization of applied research. Investment in Oklahoma's knowledge infrastructure is essential to long-term growth. Research development, commercialization and entrepreneurialship will draw capital to Oklahoma, create more high-paying jobs, expand and diversify its economy, and provide greater prosperity for generations of Oklahomans to come.
(2)
Mission Statement.
The EDGE Fund uses available funds to increase public and private applied research and development, technology transfer and technology commercialization in Oklahoma. By its size, the EDGE Fund is intended to make impactive investments through grants, loans, contributions and other applications.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 208:1-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in 74 O.S. 2002, §5060.4, the following terms, when used in this Chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Applicant"
means the Person submitting the Application.
"Application"
means the proposal submitted to the Policy Board and all completed forms required by the Solicitation.
"Contractor"
means the Person that is awarded a Policy Board contract.
"Executive Director"
means the person employed in such capacity by the Policy Board.
"OCAST"
means the Oklahoma Center for the Advancement of Science and Technology.
"Person"
means and include (i) an individual, (ii) a partnership, a corporation, a limited liability company, an association, a joint stock company, a trust, a joint venture, or an unincorporated organization, which may be formed either for-profit or not-for-profit, or (iii) an institution or governmental entity (or any department, agency or political subdivision thereof).
"Solicitation"
means a request for proposals or letter of intent containing the detailed information required by the Policy Board.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 208:1-1-4 - Eligibility

Current through Vol. 41, No. 20, July 1, 2024
The Solicitation will define Persons eligible for funding. Eligible applicants for funding may include the following Persons:
(1) private or public Oklahoma institutions of higher education,
(2) non-profit research foundations or other non-profit organizations, and
(3) private enterprises.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 208:1-1-5 - Programs and projects criteria

Current through Vol. 41, No. 20, July 1, 2024
The Policy Board funds those projects and programs that satisfy one or more of the following criteria. A project or program must:
(1) expand directly the number of researchers, technicians, support services and associated business activity within Oklahoma,
(2) have a high potential to result in the formation and growth of advanced technology companies in Oklahoma,
(3) have a high potential to improve the health status and quality of life for Oklahomans, or
(4) leverage of additional federal research grants and/or privately funded and sponsored research in Oklahoma research institutions. [62 O.S. 2006, §52.A (2)]
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 3 - Board Operations › Section 208:1-3-1 - Authority and operation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority of the Board.
The Policy Board is responsible for implementing the provisions of its authorizing legislation, as enumerated in 62 O.S. 2006, §52. The Board may exercise its official powers at any location in the State of Oklahoma.
(b)
Policies of the Board.
All bylaws, procedures or other written statements of policy or interpretations formulated, adopted or used by the Board shall be available at the principal office during regular business hours.
(c)
Availability of records.
All final orders, decisions and opinions and all forms, applications and instructions related to or necessary for gaining access to the Policy Board's operations included in agency data bases and public files, and other services of the agency shall be made available at the principal office during regular business hours. Copies of all official records not protected from disclosure by law shall be available for inspection in accordance with the Oklahoma Open Records Act, at the principal office during regular business hours. Copies of such records may be made and the expense of such copies shall be paid by the person requesting said copies. Fees for such copies shall be in accordance with a fee schedule established by the Executive Director of the Policy Board.
(d)
Office location; hours.
The principal office of the Policy Board is c/o OCAST, 755 Research Parkway, Suite 110, Oklahoma City, Oklahoma, 73104, unless otherwise designated by the Board. Unless otherwise designated by the Executive Director of the Policy Board, office hours shall be from 8:00 a.m. to 5:00 p.m., Monday through Friday inclusive, excepting legal holidays established by statute or by executive order.
(e)
Policy Board Governance.
(1)
Number and composition.
The Policy Board is composed of seven members, as follows:
(A) Four individuals who serve as senior officers of an Oklahoma business or financial company having knowledge of the Oklahoma economy and the potential to advance to a technology-based economy; the Governor appoints two of these individuals and the President Pro Tempore of the Senate and Speaker of the House of Representatives appoint one each;
(B) One scientist, engineer or officer of a technology-based Oklahoma company or public or private research institution appointed by the President Pro Tempore of the Senate;
(C) One attorney licensed to practice law in Oklahoma, who has experience with start-up companies and business practices appointed by the Governor; and
(D) One venture capitalist with experience in the commercialization of technology and investment in technology-based companies appointed by the Speaker of the House of Representatives. [62 O.S. 2006, §52.B]
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 3 - Board Operations › Section 208:1-3-2 - Procedures for adoption, amendment and repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
The Board.
The Board may adopt, amend or repeal a rule of its own initiative, and may adopt, amend or repeal a rule at the request or recommendation of the Executive Director or one of its duly appointed advisory committees. The Board may, of its own motion, conduct hearings on proposed new rules, amendments or repeal of rules.
(b)
Interested parties.
Any interested person may petition the Board, requesting the adoption, amendment, or repeal of a rule. All such petitions shall be in writing, and be filed with the Chair of the Board at the principal office. The petition shall include the name and address of the petitioning party and shall state clearly and concisely all matters pertaining to the requested action and the reasons for the request.
(c)
Hearings.
The time and location of hearings shall be stated in the notice as required under the Oklahoma Open Meetings Act and shall be conducted in accordance with the Administrative Procedures Act. Any person who is interested or affected by proposed actions may appear at the hearing. An appearance may be made individually, by an attorney, or by an authorized agent.
(d)
Final action.
Before the adoption, amendment or repeal of a rule, the Board shall afford any interested Person a reasonable opportunity to submit data, views and arguments either oral or written. If the rule under consideration affects the substantive rights of any person, the Board shall grant any person or entity a reasonable opportunity to participate in an oral hearing if requested in writing by the person or entity. The Board shall, in the exercise of its sound discretion, determine whether the proposed action affects any such substantive rights. The Board shall inform the requesting person of its decision in writing. Should the Board find the immediate adoption of a rule is necessary, the Board shall initiate rule promulgation procedures pursuant to the Oklahoma Administrative Procedures Act.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 3 - Board Operations › Section 208:1-3-3 - Requests for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
Any interested person or entity may petition the Board for a declaratory order as to the applicability of any rule of the Board.
(1)
Petition requirements.
The petition shall identify the rule questioned, the date on which such rule became effective, and shall set forth the contents of the rule. The petition shall contain a brief statement of the issue or issues raised, by the rule that caused such a request to be made and a statement of the petitioner's personal interest in the ruling of the Board and how a ruling of the Board would affect those interests.
(2)
Receipt of petition.
Upon receipt of the petition for declaratory ruling the Board shall consider the petition and within a reasonable time following receipt thereof, either deny the petition in writing, stating its reasons for denial, or issue a declaratory ruling on the matter contained in the petition.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 3 - Board Operations › Section 208:1-3-4 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Persons or entities desiring to petition the Board for administrative review of a final order, award or determination regarding the application of the Policy Board's rules, policies or procedures, shall submit such petition in writing to the Chair of the Board at the principal offices of the Policy Board. All petitions shall be filed with the Board within 30 days of the final order, award or determination or as provided by the Administrative Procedures Act.
(1)
Petition requirements.
The petition must include the following:
(A) The name, address and organizational affiliation, if any, of the petitioner and the name and title of any representative or agent filing the petition of appeal.
(B) A clear and concise statement of the grievance(s) or complaint(s), citing the specific rules or procedures at issue causing such an appeal to be requested and a statement of the petitioner's interests in the appeal and how a determination of the Board would affect those interests.
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-1 - EDGE Fund

Current through Vol. 41, No. 20, July 1, 2024
(a)
Statutory authority.
The EDGE Fund is a legislatively created trust fund for furthering the mission and purpose of the EDGE Fund. The Policy Board may expend funds from the EDGE Fund trust that are certified as available by the Board of Investors. [62 O.S. 2006, §§47 and 52].
(b)
Vision and mission.
In fulfilling the EDGE Fund's vision and mission, the Policy Board will provide for its designated projects and programs as it deems appropriate, which may include:
(1) matching funds for applied research,
(2) funds for proof of concept,
(3) funds for purchasing equipment or applied research, and
(4) seed capital including, but not limited to, capital for the OCAST Seed Capital Revolving Fund. [62 O.S. 2006, §52(A)]
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-2 - Technical advisory panel

Current through Vol. 41, No. 20, July 1, 2024
The Policy Board shall establish an Advisory Committee, whose members shall have such expertise as the Board deems necessary or appropriate for fulfilling the EDGE Fund's vision and mission. The Committee acts in an advisory capacity to the Policy Board and its Executive Director and staff in the development of program specifications, organization and evaluation of proposals and peer reviews, awarding of contracts and on-going evaluation of contract performance.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-3 - Areas of interest

Current through Vol. 41, No. 20, July 1, 2024
The Policy Board shall review annually areas of research and commercialization emphasis, with consideration given to the strategic strengths of Oklahoma's research infrastructure.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-4 - Funding leverage

Current through Vol. 41, No. 20, July 1, 2024
The Policy Board shall attempt to leverage the research dollars of the EDGE Fund through collaboration with the following entities:
(1) OCAST;
(2) Oklahoma State Regents for Higher Education;
(3) Oklahoma Experimental Program to Stimulate Competitive Research;
(4) Oklahoma Department of Commerce;
(5) Oklahoma Capital Investment Board;
(6) any private, not-for-profit corporation created pursuant to §
									5060.26 of Title 74 of the Oklahoma Statutes; and
(7) any not-for-profit organization that is a contractor of OCAST pursuant to Sections 5060.20a and 5060.20b of Title 74 of the Oklahoma Statutes. [62 O.S. 2006, §52(J)]
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-5 - Funding limitations

Current through Vol. 41, No. 20, July 1, 2024
Expenditures from the EDGE Fund shall be subject to the following requirements and limitations:
(1) at least 25% of the monies available for distribution in any fiscal year shall be allotted to support technology transfer and technology commercialization; and
(2) no more than 20% of the monies available for distribution in any fiscal year shall be used for the purchase of equipment pursuant to proviso (a). [62 O.S. 2006, §52(F)]
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-6 - Notification process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Announcements of solicitations.
The Policy Board may announce funding solicitations through any means reasonably calculated to disseminate notice to possible funding applicants. The Board shall provide written notice through a direct communication of solicitations to the following:
(1)
Higher Education.
Solicitations shall be sent to the institutional official or officials as designated by the president of each institution listed in the Oklahoma Higher Education Directory.
(2)
Nonprofit Research Foundations.
Solicitations shall be sent to officials designated by the heads of non-profit research organizations.
(3)
Previous Applicants.
Solicitations shall be sent to all persons who have applied to the program in the previous three years.
(4)
Requestors.
Solicitations shall be sent to all persons who contact the Policy Board and request a solicitation.
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-7 - Application process

Current through Vol. 41, No. 20, July 1, 2024
Applicants will apply for funding through the Policy Board's solicitation. Solicitations shall be available at the Policy Board principal office. No application fee shall be required. The application submission date or dates will be listed in the solicitation. Requirements for application completion and submission will be specified in the solicitation.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-8 - Review process

Current through Vol. 41, No. 20, July 1, 2024
Applications shall be reviewed initially to determine compliance with the solicitation requirements. If the application complies with the solicitation requirements, the applications will be reviewed and evaluated by the Policy Board, which may act through its Executive Director, its staff, the Advisory Committee or a combination of these. No applicant will receive funding unless and until approved by the Policy Board.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 208 - Edge Fund Policy Board › Chapter 1 - Administrative Operations › Subchapter 5 - Fund Operations › Section 208:1-5-9 - Contractor audits and records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Records and accounts.
The Contractor shall maintain records and accounts that properly document and account for the source and application of all project funds and all such records and accounts shall be made available on demand by the Policy Board for inspection and use in carrying out its responsibilities for administration of the funds.
(b)
Access and examination.
The Contractor shall, as the Policy Board deems necessary, permit authorized representatives of the Policy Board and the State of Oklahoma to have full access to and the right to fully examine all records and accounts.
(c)
Audits.
The Contractor shall comply with the audit policy of the Policy Board.
Added at 25 Ok Reg 1905, eff 7-1-08
Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 1 - State Board of Education › Subchapter 1 - General Provisions › Section 210:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This chapter outlines the context of the
				agency responsible for public education by describing the State Board of
				Education, their powers and duties, rules of practice, due process policies and
				procedures, the general principles by which the State Department of Education
				operates and the structural organization of the Department.
(b) The contents of this Chapter shall in no
				way be construed as the basis of, or as instituting any contractual rights
				between the State Board of Education and any person or employee. Of necessity,
				it cannot be complete in all detail and cannot, through error or omission,
				restrict the lawful powers of the State Board of Education. If it in any way
				conflicts with State Statutes, the law will take precedence and prevail. Any
				previous policies of the Board inconsistent with policies included here are
				hereby rescinded.
Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 1 - State Board of Education › Subchapter 1 - General Provisions › Section 210:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Administrator"
means a duly certified person
				  who devotes a majority of time to service as a superintendent, principal, vice
				  principal, or in any other administrative or supervisory capacity in a school
				  district.
"Nonreemployment"
means the nonrenewal of a
				  teacher's contract upon expiration of the contract (end of school term).
"Policies"
means principles adopted by the State
				  Board of Education (Board) to help it identify and select actions to guide and
				  determine its present and future decisions.
"Policy of evaluation"
means a school district's
				  policy, developed pursuant to 70 O.S. § 6-101.10, describing the total
				  teacher and administrator evaluation system including the purposes of
				  evaluating, the criteria to be used as standards, and the procedure to be
				  followed in implementing the evaluation process.
"Procedures"
means actions specified by rules
				  and regulations to be followed in carrying out a policy or law. It may also
				  mean processes used in the implementation of a program.
"Professional development program"
means the
				  program mandated by 70 O.S. § 6-194 for the continuous improvement and
				  enrichment of the certified teachers and administrators of this state.
"Revocation"
or
"revoked"
means the
				  invalidation of a teacher or administrator certification by the State Board of
				  Education pursuant to due process procedures provided for by applicable laws
				  and regulations.
"Student teacher"
means any student who is
				  enrolled in an institution of higher learning approved by the State Board of
				  Education for teacher training and who is jointly assigned by such institution
				  of higher learning and a school district's board of education to perform
				  practice teaching under the direction of a regularly employed and certified
				  teacher. A student teacher, while serving an internship under the supervision
				  of a certified teacher, shall be accorded the same protection of the laws that
				  accorded the certified teacher.
"Suspension"
or
"suspended"
means
				  temporary discontinuance of a teacher or administrator certification pursuant
				  to 75 O.S. § 314, upon a finding by the State Board of Education that
				  public health, safety, or welfare imperatively requires emergency action .
"Teacher "
means any individual who has been
				  issued a certificate by the Board in accordance with the rules and regulations
				  of the Board, and who falls under the definition of "Teacher" at 70 O.S. §
				  1-116 .
Amended at 10 Ok Reg
				  2695, eff 6-25-93; Amended at 13 Ok Reg 65, eff 10-5-95 (emergency); Amended at
				  13 Ok Reg 1315, eff 5-13-96; Amended at 14 Ok Reg 3297, eff 5-5-97 (emergency);
				  Amended at 15 Ok Reg 2212, eff 6-11-98
Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 1 - State Board of Education › Subchapter 1 - General Provisions › Section 210:1-1-3 - Powers, duties, and officers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agencies of the department.
In Oklahoma, the State Department of
				Education is that department of the State Government in which the agencies
				created or authorized by the Constitution or Legislature are placed and charged
				with the responsibility of determining the policies and directing the
				administration and supervision of the public school system of the state. These
				agencies are the State Board of Education, the State Superintendent of Public
				Instruction, and such divisions and positions as may be established by law and
				by the State Board of Education [70-1-105].
(b)
Composition of Board.
The
				State Board of Education is that agency in the State Department of Education
				which is the governing Board of the State Department of Education and the
				public school system of the state [70-1-105]. This Board consists of seven
				members. The State Superintendent of Public Instruction who is elected for a
				four-year term by the people, serves as a voting member and the President of
				the Board. The remaining six members are appointed by the Governor and
				confirmed by the Senate and serve staggered, overlapping six-year terms. A term
				expires each year on April 1 [70-3-101].
(c)
State Board members also members of
				State Vo-Tech Board.
The State Board of Education members and the
				Superintendent of Public Instruction are also ex-officio voting members of the
				State Board of Vocational and Technical Education. The State Superintendent of
				Public Instruction is chair of the State Board of Vocational and Technical
				Education [70-14-101].
(d)
Policies, rules, and regulations of State Vo-Tech Board.
Policies,
				rules, and regulations adopted by the State Board of Vocational and Technical
				Education are published in a separate manual. This manual entitled, POLICIES
				AND PROCEDURES FOR VOCATIONAL AND TECHNICAL EDUCATION is published by and may
				be obtained from the State Department of Vocational and Technical Education,
				Stillwater.
Amended at 13 Ok Reg 65,
				  eff 10-5-95 (emergency); Amended at 13 Ok Reg 1315, eff 5-13-96; Amended at 14
				  Ok Reg 3297, eff 5-5-97 (emergency); Amended at 15 Ok Reg 2212, eff
				  6-11-98
Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 1 - State Board of Education › Subchapter 1 - General Provisions › Section 210:1-1-4 - President [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg 65,
				  eff 10-5-95 (emergency); Amended at 13 Ok Reg 1315, eff 5-13-96; Revoked at 14
				  Ok Reg 3297, eff 5-5-97 (emergency); Revoked at 15 Ok Reg 2212, eff
				  6-11-98
Oklahoma Administrative Code › Title 210 - State Department of Education › Chapter 1 - State Board of Education › Subchapter 1 - General Provisions › Section 210:1-1-6 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Parliamentary procedures.
Parliamentary procedures will follow Roberts' Rules of Order, Revised, and the
				President of the Board may serve as parliamentarian, if so desired.
(b)
President pro tempore.
In
				the President's absence, he or she may designate another member of the Board to
				serve as President pro tempore of the meeting. If the President fails to
				designate a chairperson due to extenuating circumstances, the Deputy State
				Superintendent shall designate the President pro tempore of the
				meeting.
(c)
Voting by
				proxy.
No voting by proxy is permitted [A.G. Opin. 82-7, January 20,
				1982.]
(d)
Transaction of
				business.
Only at meetings are official decisions made and business
				transacted. Decisions shall be decided by motion and seconded, followed by roll
				call vote and such vote shall be publicly cast and recorded on all minutes of
				the Board [25-305].
(e)
Committees.
The Board shall generally act as a committee of the
				whole. However, subcommittees may be appointed by the President of the Board on
				a specific task. Such committees are subject to the same requirements of the
				Open Meeting Law regarding the filing of date, time, place, and agenda of the
				meeting as well as the advance public satisfaction and voting requirements as
				for regular, rescheduled, continued or reconvened, or special
				meetings.
Amended at 14 Ok Reg
				  3297, eff 5-5-97 (emergency); Amended at 15 Ok Reg 2212, eff
				  6-11-98