reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 20 - Purchase of Transferred Credited Service › Section 550:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules establish procedures necessary to implement the purchasing of transferred credited service. They also provide for computation of the purchase price.
Added at 8 Ok Reg 2359, eff 6-13-91
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 20 - Purchase of Transferred Credited Service › Section 550:20-1-2 - Computation

Current through Vol. 41, No. 20, July 1, 2024
All purchases of transferred credited service pursuant to 11 O. S. Section 50-111.4, shall be based upon the actuarial cost of the incremental projected benefits to be purchased.
(1) The actuarial cost, and any tables formulated for the purpose of determining such cost during each calendar year, shall be based on the actuarial assumptions utilized in the actuarial valuation report as of the preceding July 1.
(2) The actuarial value shall be based upon the member's age, salary and service at the time of purchase, together with the earliest age for retirement and actuarially projected salary at time of retirement. For purposes of this actuarial cost, it is assumed that all members are married at the time of retirement. If purchase is not made within 30 days of Board approval, the purchase must be recalculated and the actuarial cost may increase.
(3) For purposes of this actuarial cost, the member's age shall be rounded up or down to the nearest birthday.
(4) For purposes of this actuarial cost, the mortality tables shall be formulated as a unisex table assuming post retirement mortality weighted 90% male and 10% female.
(5) In the event a member who chooses to purchase service has been employed less than twelve (12) months, the member's salary shall be annualized based upon the completed calendar months of payroll information.
(6) In lieu of installment payments (for a purchase where installment payments are otherwise allowed by Oklahoma state statutes), an active member may elect to make the payment of the actuarial purchase price, repayment of a previous withdrawal, purchase of previous non-participating service, or any other eligible purchase or repayment permitted and authorized by the statutes governing the System by use of a direct trustee-to-trustee transfer of non-Roth funds or direct rollover of non-Roth funds as authorized by the statutes governing the System.
(7) Notwithstanding (6) of this subsection, purchases may be made by a cash lump sum payment, installment payments (where otherwise allowed by Oklahoma state statutes), trustee-to-trustee transfer of non-Roth funds and/or direct rollover of non-Roth funds as described in (6) of this subsection.
(8) In the event that a member (A) elected to purchase transferred credited service pursuant to 11 O.S. Section 50-111.2(B) has made payment for such transferred credited service under 11 O.S. Section 50-111.4, and (C) has not had such transferred credited service added under 11 O.S. Section 50-111.2.A by the time such member becomes entitled to a disability benefit under 11 O.S. Section 50-115, upon application by the member such payment shall be refunded from the Fund without interest thereon.
Added at 8 Ok Reg 2359, eff 6-13-91; Amended at 18 Ok Reg 2767, eff 7-1-01; Amended at 20 Ok Reg 1350, eff 6-1-03; Amended at 23 Ok Reg 2801, eff 7-1-06; Amended at 26 Ok Reg 1322, eff 7-1-09
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 25 - Investments › Section 550:25-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are designed to implement the policies and procedures necessary to insure the efficient, prudent and diversified investments of the Oklahoma Police Pension and Retirement System.
Added at 13 Ok Reg 3897, eff 8-26-96 (emergency); Added at 14 Ok Reg 1999, eff 5-27-97
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 25 - Investments › Section 550:25-1-2 - Competitive bidding policies

Current through Vol. 41, No. 20, July 1, 2024
The policies, guidelines and objectives which govern the competitive bidding for master custodian banks or trust companies, investment managers, investment consultants, or actuaries for the Oklahoma Police Pension and Retirement System shall be developed and adopted by the Board of Trustees at a regularly scheduled public Board meeting.
Added at 13 Ok Reg 3897, eff 8-26-96 (emergency); Added at 14 Ok Reg 1999, eff 5-27-97
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 25 - Investments › Section 550:25-1-3 - Amendments

Current through Vol. 41, No. 20, July 1, 2024
Changes to the competitive bidding policy may be made by the Board, as necessary, at any public meeting of the Board, in compliance with the Open Meeting Act.
Added at 13 Ok Reg 3897, eff 8-26-96 (emergency); Added at 14 Ok Reg 1999, eff 5-27-97
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 30 - Periods of Absence for Which a Member is Not Receiving Compensation › Section 550:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter establish when credited service is taken into account during any period of absence, furlough, administrative leave or other period of time for which a member is not receiving compensation.
Added at 27 Ok Reg 1906, eff 7-1-10
Oklahoma Administrative Code › Title 550 - Oklahoma Police Pension and Retirement System › Chapter 30 - Periods of Absence for Which a Member is Not Receiving Compensation › Section 550:30-1-2 - Computation

Current through Vol. 41, No. 20, July 1, 2024
(a) Except for purchase of service provisions and as provided below, credited service under Section 50-101(8) of Title 11 shall not be taken into account for any period of absence, furlough, administrative leave or other period of time when the member is not receiving compensation from the participating municipality, and member contributions are not made to the Oklahoma Police Pension and Retirement System.
(b) Under the preceding sentence, credited service shall not be taken into account in determining:
(1) The member's years of credited service in the pension formula multiplier, and
(2) Whether the member is entitled to a vested benefit pursuant to the provisions of Section 50-111.1 of Title 11.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of this chapter is to set forth general provisions for the administrative operation of the Polygraph Examiners Board.
(b) Further, the chapter also provides a description of the organizational structure, statutory authority, definitions and powers vested in the board.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-2 - 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:
"Board"
means the Polygraph Examiners Board.
"Chairman"
means that Board member elected as Chairman who presides over Board meetings, functions as coordinator between the Board and the Council (as hereinafter defined), and monitors correspondence received daily by the Board Executive Secretary.
"Council"
means the Council on Law Enforcement Education and Training.
"Executive Secretary"
means that individual appointed by the Council to act as Executive Secretary to the Board. He is responsible for the preparation of the meeting agendas and the daily administrative activities of the Board.
"He/His"
as used herein, is representative of he/she or his/her.
"Internship"
means the study of polygraph examination and the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the Board at the commencement of such internship.
"Person"
means any natural person, firm, association, partnership, or corporation.
"Polygraph Examiner"
means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical or electronic device as defined in 59 O.S., Section 1454.
"Secretary/Treasurer"
means that Board member elected by the Board to handle all correspondence, as directed by the Chairman.
"Vice-Chairman"
means that Board member elected as Vice-Chairman who presides over Board meetings and assumes the duties of the Chairman in the absence of such Chairman.
"Voluntary"
as used herein, does not apply to public employees of units of government with existing policy and/or rules or regulations regarding mandatory polygraph utilization in internal investigations.
Amended at 23 Ok Reg 1964, eff 7-1-06
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-3 - Statutory authority and powers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Creation.
The Oklahoma Legislature created the Oklahoma Board of Polygraph Examiners and established the Oklahoma Polygraph Examiners Act and statutes relating thereto in 59 O.S. 1981 §§ 1451 through 1476.
(b)
Rules.
(1) The Board shall have the full power to establish and promulgate Rules and Regulations for the administration and enforcement of the Polygraph Examiners Act.
(2) The Board hereby adopts (as a Rule) all provisions of the Polygraph Examiners Act and establishes Rules and Regulations, for all polygraph examiners in the State of Oklahoma to protect the public and ensure polygraph examiners maintain professional standards.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-5 - Duties

Current through Vol. 41, No. 20, July 1, 2024
It shall be the duty of the Board to regulate all persons who purport to be able to detect deception or verify truth of statements through the use of instrumentation such as lie detectors, polygraph, psychological stress evaluators, voice analysis, deceptographs, and/or similar or related devices and instruments without regard to the nomenclature applied thereto, or without regard to the terminology he may use to refer to himseff or his services.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-6 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) Regular meetings will be held once each quarter with the date, time and place to be determined by the Board. The Board shall file with the Secretary of State, in writing, no later than December 15th of each Calendar year the schedule showing the date, time and place of the regularly scheduled meetings for the following year. If any change is to be made in the date, time or place of a regularly scheduled meeting, notice in writing shall be made to the Secretary of State not less than ten (10) days prior to such change.
(b) Reconvened meetings will be announced as to time, place and date of such meeting by an announcement at the original meeting.
(c) Special meetings may be called by the Chairman, or the Vice-Chairman in the Chairman's absence, or any three members of the Board. Public notice will be given at least forty-eight (48) hours in advance of special meetings either in writing, in person or by telephone to the Secretary of State.
(d) Emergency meetings may be held without public notice, but the person calling such a meeting shall give as much advance notice as is reasonable and possible under the circumstances.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-7 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
(1) In any case where the Board shall hold a hearing on any licensee or application therefore, the procedures for such hearing shall be governed generally by the Administrative Procedures Act (75 O.S. 1981, §§ 301 through 327).
(2) Any hearing under this subsection shall be independent of, and not in lieu of, criminal prosecutions or other proceedings under the Act or any other law of this State or the United States.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-8 - Findings of fact

Current through Vol. 41, No. 20, July 1, 2024
All findings of fact, shall be based exclusively on the evidence presented and on matters officially noticed. A final order adverse to a party in an individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, upon request, a party submits proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-9 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
(a) At the discretion of the Board, a rehearing may be granted to any party if a written request is made therefore within ten (10) days after any order is mailed or delivered to the person entitled to receive same. In the request for rehearing, the party shall set forth one (1) or more of the following grounds:
(1) Newly discovered or newly available evidence relevant to the issues;
(2) Need for additional evidence to adequately develop the facts essential for proper decision;
(3) Probable error committed by the Board in the proceeding or in its decision, such as would be grounds for reversal on judicial review of the order;
(4) Need for further consideration of the issues and the evidence in the public interest; or,
(5) A showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-10 - Appeals from orders of the board

Current through Vol. 41, No. 20, July 1, 2024
Appeals shall be taken from orders of the Board pursuant to the provisions of Title 59 O.S. 1981 §1471 as amended. Any order made pursuant to a hearing, shall be made within thirty (30) days after the termination of the hearing or any rehearing thereof. Such time may be extended by stipulation. The order shall contain a concise statement of the facts was found by the Board, a concise statement of its conclusions therefrom, and the effective date of the order.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-11 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person or entity may petition the Board of Polygraph Examiners for a declaratory order as to the applicability of any rule of the Board.
(b) The petition must 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 which cause 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.
(c) Upon receipt of the petition for declaratory ruling the Board shall consider the petition and within a reasonable time following receipt of thereof, either deny the petition in writing, stating its reasons for denial, or issue a declaratory ruling on the matter(s) contained in the petition.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-13 - Separability

Current through Vol. 41, No. 20, July 1, 2024
If any provision of the Rules of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the Rules and Regulations and the application of such provisions to other persons or circumstances shall not be affected thereby.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 1 - Administrative Operations › Section 560:1-1-14 - Severability

Current through Vol. 41, No. 20, July 1, 2024
The provisions of the rules of this chapter are severable and if any part or provision hereof shall be held void, the decision of the court so holding, shall not affect or impair any of the remaining parts or provisions.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of this chapter is to set forth the procedures governing polygraph examinations.
(b) This chapter outlines the procedures for obtaining and maintaining licenses for administering polygraph examinations.
(c) This chapter also informs licensees of the procedures governing complaints.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-2 - Intern programs

Current through Vol. 41, No. 20, July 1, 2024
(a) Before a trainee may begin an intern program, he must be licensed as an intern examiner in the State of Oklahoma. This requires:
(1) Filing with the Board, the name of his proposed internship sponsor. Sponsor shall not be employer of Intern except when approved by the Board.
(2) Filing with the Board, a written statement from his sponsor agreeing to undertake the responsibilities for such training and agreeing to abide by regulations adopted by the Board; and
(3) Obtaining the Board's permission to begin the intern program under the control of a Board approved sponsor, while appearing personally before the Board with all required material.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-3 - Intern examinations

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to the issuance of an Intern License, the applicant will be required to take and pass all sections of the written and oral examinations, as prescribed by the Board. All applicants will be notified of the results of the examination no later than fifteen (15) days after the examination. An applicant need only pass each component of the examination one (1) time and will be required to retake only the component or components failed.
(b) If an applicant fails to pass one or more sections of the examination, the Board may conduct a second examination within sixty (60) days, upon receipt of proper fees and an affidavit from the applicant's sponsor that he has given the additional training necessary to assure the trainee can pass the portions of the examination he failed.
(c) If the applicant fails to pass the examination for the third time, he must wait for a period of one (1) year before again applying for such license, and show proof of Board approved retraining.
(d) The examination shall consist of a written test and an oral interview. A score of seventy (70) percent correct answers shall be considered passing on the written examination.
(e) Examinations will be given at a time and place designated by the Board. In addition to the written examination, the Board may require each license applicant to demonstrate his competence and proficiency by conducting a polygraph examination under the supervision of a qualified observer(s) appointed by the Board.
Amended at 15 Ok Reg 3660, eff 7-26-98
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-5 - Display of license

Current through Vol. 41, No. 20, July 1, 2024
A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. When working away from the office, the polygraph examiner will carry his pocket polygraph examiners license and display upon request.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-6 - Change of business address

Current through Vol. 41, No. 20, July 1, 2024
Notice in writing shall be given to the Council by the examiner of any change in business or home address or telephone number from that in the most recent application to the Council. This shall be accomplished within thirty (30) days of the time the change occurs. A change of business location without such notification to the Council shall automatically
suspend
the license theretofore issued.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-7 - Retention of records

Current through Vol. 41, No. 20, July 1, 2024
(a) Examiners.
(1) The examiner shall maintain on file for at least two (2) years all physical and/or electronic records, including audio and video tapes, papers, discs, polygraph charts, consent to examination forms, notes, question lists and reports of polygraph examinations conducted.
(2) An examiner who leaves the employment of another examiner, agency, firm, or company shall be allowed access, after showing reasonable cause, to the files of examinations conducted by him during the two (2) year period prior to the date of his request. However, without the approval of the employing examiner, agency, firm, or company, the examiner may not remove any of the material contained in the file or make notes of any of the information contained therein.
(3) The Board may, at any time, inspect all physical and/or electronic records connected with an examination.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-8 - Continuing education of polygraph examiners

Current through Vol. 41, No. 20, July 1, 2024
Each intern or examiner licensed by the State of Oklahoma, shall complete at least six (6) hours of continuing education each year and such training shall be sponsored by any recognized Polygraph Association, or an accredited polygraph school, or be approved by the Board.
Amended at 15 Ok Reg 3660, eff 7-26-98
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-9 - Reciprocity

Current through Vol. 41, No. 20, July 1, 2024
Applicants for a polygraph examiners license by reciprocity shall be required to pass a written test covering the Polygraph Examiners Act and Rules and Regulations promulgated by the Board. This test will be sent to each applicant along with a copy of the Act and the Rules and Regulations.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-10 - Refusal, suspension or revocation of license

Current through Vol. 41, No. 20, July 1, 2024
The Board may refuse to issue or may suspend or revoke a license on any one (1) or more of the following grounds, or any other willful disregard or violation of the Act or any Rule or Regulation promulgated by the Board.
(1) For failing to inform a subject to be examined as to the nature of the examination;
(2) For failing to inform a subject to be examined that his participation in the examination is voluntary (when so required);
(3) Material misstatement in the application for original license or in the application for renewal license;
(4) Willfully making a false report concerning a polygraph examination;
(5) If the holder of any license has been adjudged guilty of the commission of a felony or a misdemeanor involving moral turpitude;
(6) Making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.
(7) Having demonstrated unworthiness or incompetency to act as a polygraph examiner.
(8) Allowing one's license to be used by any unlicensed person;
(9) Willfully aiding or abetting another in the violation of the Act or any Rule or Regulation issued by the Board
(10) If the license holder has been adjudged a habitual drunkard or mentally incompetent as provided in the Probate Code;
(11) Failing, within fifteen (15) business days, to provide information requested by the Secretary as a result of a formal complaint to the Board which would indicate a violation of the Act or any Rule or Regulation;
(12) Failing to inform the subject of the results of the examination, if so requested;
(13) Knowingly violating or encouraging the violation of any court order or injunction; or,
(14) Impersonating a law enforcement officer or an employee of any State, the United States, or any political subdivision thereof.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-11 - Renewal and duration of examiners license

Current through Vol. 41, No. 20, July 1, 2024
(a) Each polygraph examiner's license shall be issued for the term of one (1) year or less, unless suspended or revoked, and shall cover a period from January 1st through December 31st of that calendar year. After December 31, the Executive Secretary shall serve notice by registered or certified mail that such examiner's license is no longer valid, and that no polygraph examination can be conducted until payment of license fees has been accomplished and all other requirements have been met. Should the Board determine polygraph examinations have been conducted, they shall initiate proper prosecution of the examiner.
(b) A polygraph examiner whose license has expired at any time within two (2) years, may obtain a renewal license without examination, at the discretion of the Board, by making a renewal application and satisfying the other requirements. However, any polygraph examiner whose license expired while on active duty with the armed forces of the United States, may have his license renewed without examination at the discretion of the Board.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-12 - Polygraph Bill of Rights

Current through Vol. 41, No. 20, July 1, 2024
(a) Taking a polygraph examination in the State of Oklahoma, is a voluntary act unless the examinee is an employee of a governmental body which has a policy or Rules and Regulations requiring mandatory polygraph examinations as a part of internal investigations.
(b) The examinee has the right to know the nature of the examination.
(c) The examinee may terminate the examination at any time.
(d) The polygraph examiner may not ask any questions during the test that is not in writing and has not been reviewed, prior to the examination exactly as it will be asked.
(e) The examiner shall not render a final opinion based on chart analysis, until the examinee has had a reasonable opportunity to explain any reactions to pertinent questions.
(f) The examinee is entitled to a thorough explanation of what to expect during the examination prior to any test being conducted.
(g) A minimum of two charts shall be required to render an opinion based on chart analysis.
(h) The examiner may not ask any questions which may reasonably be construed as being sexually oriented, or concerning religious, racial, labor or political beliefs or affiliations of the person being tested, unless they refer to a matter pertinent to the examination.
(i) The person being tested, has the right to know the results of the examination in a timely manner, if so requested.
Amended at 15 Ok Reg 3660, eff 7-26-98
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-13 - Notice to persons taking polygraph examinations

Current through Vol. 41, No. 20, July 1, 2024
(a) Persons taking polygraph examinations in the State of Oklahoma, have specific legal rights and remedies if the polygraph examination has not been conducted pursuant to the Polygraph Examiners Act and the Rules and Regulations.
(b) Each polygraph examiner shall provide each person about to take a polygraph examination, a copy of the Polygraph Bill of Rights (560:10-1-12 ) at the beginning of the interview. This must be on a written form and will be kept in the permanent file. It will contain:
(1) All of the provisions of 560:10-1-12.
(2) The signature of the examinee stating that he has read and understands his rights.
(3) Date and time of the examination.
(4) A statement that if the examinee feels any of his rights have been violated, he may notify the Oklahoma Board of Polygraph Examiners.
(5) The address and telephone number of the Board.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-13.1 - Complaint Procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose of order.
The purpose of this order is to establish Board procedures for initiation, receipt, and investigation of complaints related to matters under the authority of the Board of Polygraph Examiners.
(b)
Receipt of complaints.
It shall be the policy of the Board to investigate all complaints or allegations of misconduct committed by person(s) under the Board's authority whether initiated by the Board or complainants.
(c)
Requirement for complaint.
The investigation of a complaint concerning a licensed polygraph examiner, whether the complaint is made by the Board or by other complainants, may be initiated only when the complaint is in writing, signed, notarized, and filed with the Board.
(1) The notarized complaint form provided by the Board must contain a statement setting forth the allegations of fact and naming the licensee or licensees against whom the complaint is filed.
(2) The complaint provides the basis for the Chair of the Board to request an informal meeting with the licensee, whose participation is voluntary, and/or appointment of an investigator for the matter.
(3) The licensed polygraph examiner will be provided a copy of the complaint prior to any disciplinary action being taken.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-14 - Separability

Current through Vol. 41, No. 20, July 1, 2024
If any provision of the Rules of this chapter or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the Rules and Regulations and the application of such provisions to other persons or circumstances shall not be affected thereby.
Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-15 - Severability

Current through Vol. 41, No. 20, July 1, 2024
The provisions of the rules of this chapter are severable and if any part or provision hereof shall be held void, the decision of the court so holding, shall not affect or impair any of the remaining parts or provisions.
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this chapter is to explain the structure of the Oklahoma Board of Private Vocational Schools (OBPVS) and to establish policies to implement the authorities under the Enabling Statute.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-2 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) Board. The Oklahoma Board of Private Vocational Schools (OBPVS) is the governing agency and administrative authority for the enforcement of the laws governing licensing and regulating of private vocational schools. The statutory authority for the Board is 70 O.S. § 21-102
(b) Board staff. The Board is authorized to appoint and fix the compensation of a Director. The Director shall employ and fix the duties and compensation of such clerical or other assistants as are reasonably necessary to effectuate the provisions of the OBPVS' duties. Because the Board is the final administrative authority for the administration of the law, such administrative responsibilities necessary to carry out the duties of the Board may be assigned to the Director. However, the Board shall be consulted and advised on a continuous basis by the Director on matters relating to the administration of the law. The Board shall act in formal session on matters involving the administration of the law at such times as the Board and the Director may decide the gravity of a situation requires such action.
Added at 12 Ok Reg 2901, eff 7-13-95; Amended at 15 Ok Reg 2781, eff 7-1-98
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-3 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If a court of competent jurisdiction finds any rule or part of a rule in this title to be unenforceable, it shall not impair or invalidate the remaining rules. The remaining rules shall be valid and enforceable to the fullest extent allowed by law.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-4 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
The Board may hold regular, special, and emergency meetings. Meeting dates will be filed with the Secretary of State and agendas will be posted as required by the Open Meetings Act. A minimum of five members must be present to constitute a quorum for the transaction of business and a majority vote of those present shall be necessary to approve a motion before the Board. For the exclusive action of approving a prior meeting's Board minutes draft, only a simple majority vote of those Board members who attended both of the meetings is required. If a majority cannot be attained, the minutes draft shall be held over to a later meeting. All meetings are open to the public . meetings shall be held and notices posted in strict accordance with the Open Meeting Law [25 O.S. 301 et seq., as amended]. The Chair, or Co-Chair in the absence of the Chair, may cancel or reschedule any meeting of the Board due to an anticipated lack of quorum, inclement weather, or other emergency. Notice of cancellation shall be posted as soon as reasonably possible.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-5 - Meeting minutes

Current through Vol. 41, No. 20, July 1, 2024
A summary shall be made of all proceedings before the Board which shall show the members present, all matters considered, all actions taken, and the vote of each member on any action. The minutes shall be made public.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-6 - Location for information and for filing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Location.
The address and telephone number for communication with the Oklahoma Board of Private Vocational Schools is: Oklahoma Board of Private Vocational Schools; 3700 N. Classen Boulevard, Suite 250; Oklahoma City, OK 73118-2864; Telephone (405) 528-3370
(b)
Hours of operation.
The normal business hours are 8:00 a.m. to 4:30 p.m., Monday through Friday.
(c)
Filing procedure.
Anyone may file a document by mail or hand- delivery during normal business hours. The filing date is the date the document is received, not the date it is mailed or postmarked. Except when an original document or original signature is required on a document, whenever possible, the OBPVS shall accept readable facsimile or electronically mailed documents. Generally, if an electronic submission is accepted, the original shall not subsequently have to be mailed or hand-delivered unless the person submitting the electronic version is specifically advised, by the OBPVS staff, to file the original. However, due to unusual, rare, or odd circumstances, facsimile or electronic submissions shall be accepted by the OBPVS to stop the passage of time and to allow a person or entity to tentatively meet a deadline. In these cases, the original document(s) shall subsequently be provided within an additional reasonable period of time.
Added at 12 Ok Reg 2901, eff 7-13-95; Amended at 22 Ok Reg 2606, eff 7-11-05
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-7 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Records retention and disposition.
Documents are retained by the OBPVS for at least the minimum amount of time required by state law that applies to archives and records. A records disposition schedules listing retention periods for each record is available upon request to the OBPVS.
(b)
Confidential and open records.
Most records are available for public inspection and release, but some are not. The records that are not available for general public access are records that laws require or permit the Board to keep confidential. In general, only the financial statements of an applicant or licensed school are retained as confidential and may be released only upon presentation of a proper Subpoena and allowing the original filer to defend the confidential nature of the filing in hearing for individual proceeding or through declaratory ruling in accordance with 565:1-3-3 or 565::1-3-4, respectively.
(c)
Inspection and release of records.
People may inspect and request a copy of a record that is not confidential during regular business hours according to procedures that protect the integrity and organization of the records. All requests shall be given prompt attention . However, to prevent disruption of the OBPVS' essential functions, requests for copies of large or extensive files shall be scheduled for fulfillment, by staff, at a later date.
(d)
Copy fees.
The OBPVS shall charge fees that are consistent with 51, O.S. § 24A.5 of the Oklahoma Statutes . The amount of fee shall be clearly posted in the Board's office.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-8 - Forms and instructions

Current through Vol. 41, No. 20, July 1, 2024
Other chapters in this title contain references to forms and instructions. Blank forms and completion and submission instructions may be obtained by contacting the OBPVS office. Provisions may include, but not be limited to, electronic transmission, referral to electronic availability on a website, or hard copy transmission via mail, courier pick-up at the expense of the forms' requester, or facsimile.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 565:1-1-9 - Rulemaking

Current through Vol. 41, No. 20, July 1, 2024
The Board complies with the rule making procedures in the Administrative Procedures Act as contained in Title 75 of the Oklahoma Statutes.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 3 - Formal and Informal Procedures › Section 565:1-3-1 - Right of Director to initiate action

Current through Vol. 41, No. 20, July 1, 2024
The Director may take whatever action is authorized by the rules in this title and the Oklahoma Statutes to carry out the duties and objectives of the Oklahoma Board of Private Vocational Schools (OBPVS). The Director may use formal or informal procedures, such as telephone calls, letters, meetings, investigations or other appropriate methods to resolve problems or concerns.
Added at 12 Ok Reg 2901, eff 7-13-95
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 3 - Formal and Informal Procedures › Section 565:1-3-2 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Student complaints.
A student with a grievance against a school in which they are or have been enrolled, may file a complaint with the OBPVS if they feel the school has not met the conditions outlined in the catalog or contract and the grievance cannot be settled through proper school officials. The complaint shall be in writing and shall contain at least the following information.
(1) The name, address and telephone number of the person making the complaint;
(2) The name and address of the school;
(3) The course enrolled and starting date of class;
(4) A brief, clear description of the complaint(s) including detailed information regarding names of instructors, school personnel, type of equipment, class involved, or the specific part of catalog or enrollment agreement which may be involved in the complaint;
(5) Documents supporting the complaint, such as copies of the contract and enrollment agreement, receipts of payments made, letters or other correspondence relating to the complaint, or copies of electronic communications;
(6) The remedy, if any, that the person is seeking;
(7) A statement authorizing the release of whatever information may be necessary to investigate the complaint;
(8) The signature of the person making the complaint and the date of the complaint.
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 3 - Formal and Informal Procedures › Section 565:1-3-3 - Hearings for individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
Hearing for individual proceedings shall be in accordance with the Administrative Procedures Act and the following procedures:
(1)
Notice of hearing.
Notice of all hearings shall be given by the Board not less than twenty days in advance thereof to all persons directly affected by such a hearing.
(2)
Contents of notice.
(A) The time and place of hearing.
(B) A statement of the matters to be considered.
(C) A statement of the legal authority and jurisdiction under which the hearing is to be held.
(D) A short plain statement of the matters asserted. If such statement of the issues is not sufficient, upon application a more definite and detailed statement shall be furnished.
(E) A reference to the particular sections of the statutes and/or rules involved.
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 1 - Administrative Operations › Subchapter 3 - Formal and Informal Procedures › Section 565:1-3-4 - Requests for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing of petition for declaratory ruling.
All requests for declaratory rulings as to the applicability of any rule or order of the Board shall be made by filing a petition with the Board requesting such ruling.
(b)
Contents of petition for declaratory ruling.
The petition shall identify the rule or order questioned, the date on which such rule or order became effective, and shall set forth the contents of the rule or order. The petition shall include a brief statement of the issue or issues raised by the rule or order which caused such requests to be made, and a statement as to the petitioner's personal interest in the ruling of the Board and how such ruling by the Board will affect that interest.
(c)
Consideration by the Board.
Upon receipt of the petition, the Board shall consider the request at the next regularly scheduled Board meeting.
(d)
Presentation and argument.
The Board may entertain oral presentation or argument on the request of the petitioner and, on its own motion, may request such argument and presentation.
(e)
Decision of the Board.
On considering the petition, the Board may refuse to issue a declaratory ruling, may decide the issue and determine the validity of the rule or order or the applicability to the petitioner of the rule or order.
(f)
Appeals from declaratory rulings.
Appeals from declaratory rulings of the Board may be taken in a manner consistent with the State's Administrative Procedures Act.
Added at 15 Ok Reg 2781, eff 7-1-98
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 10 - Licensure and Regulation of Private Vocational Schools and Representatives › Subchapter 1 - General Provisions › Section 565:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of 565:10 have been adopted as provided in 70 O.S. § 21- 102.1.2(2), for the purpose of establishing minimum standards for the establishment, licensing and operation of private vocational schools and reasonable rules and regulations for the implementation of the minimum standards by the Oklahoma Board of Private Vocational Schools (OBPVS).
Amended at 15 Ok Reg 2782, eff 1-7-98; Amended at 18 Ok Reg 2768, eff 7-1-01
Oklahoma Administrative Code › Title 565 - Oklahoma Board of Private Vocational Schools › Chapter 10 - Licensure and Regulation of Private Vocational Schools and Representatives › Subchapter 1 - General Provisions › Section 565:10-1-3 - Schools required to license

Current through Vol. 41, No. 20, July 1, 2024
(a)
In state.
Any person or persons desiring to operate a private school, as defined in 70 O.S. § 21-101 , in Oklahoma or offer vocational courses to persons residing in the State of Oklahoma , including private schools that deliver training via distance education, shall license with the Board.
(b)
Out of state.
Any out of state private school soliciting vocational training to residents of Oklahoma shall license with the OBPVS, including private schools that deliver training via distance education.
Amended at 12 Ok Reg 2905, eff 7-13-95