reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-1 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 9 Ok Reg 3715, eff 7-20-92 (emergency); Reserved at 10 Ok Reg 3813, eff 7-15-93
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-2 - Right of the Administrator to initiate action [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 3715, eff 7-20-92 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), Section 530:25-9-28 was no longer effective. For the official text of the emergency rule that was in effect from 7-20-92 through 7-14-93, see 9 Ok Reg 3715.
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-3 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 9 Ok Reg 3715, eff 7-20-92 (emergency); Reserved at 10 Ok Reg 3813, eff 7-15-93
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-4 - Appeals [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 3715, eff 7-20-92 (emergency); Added at 10 Ok Reg 3813, eff 7-15-93
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-5 - Complaints [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 3715, eff 7-20-92 (emergency); Added at 10 Ok Reg 3813, eff 7-15-93
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-6 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 9 Ok Reg 3715, eff 7-20-92 through 7-15-93 (emergency)
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-7 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 9 Ok Reg 3715, eff 7-20-92 through 7-15-93 (emergency)
Oklahoma Administrative Code › Title 530 - Office of Personnel Management › Chapter 25 - State Employee Child Day Care Program Rules [REVOKED] › Subchapter 9 - Appeals and Complaints [REVOKED] › Section 530:25-9-8 - Hearings [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 3715, eff 7-20-92 through 7-14-93 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-93 (after the 7-14-93 expiration of the emergency action), Section 530:25-9-8 was no longer effective. For the official text of the emergency rule that was in effect from 7-20-92 through 7-14-93, see 9 Ok Reg 3715.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-1 - Terms defined by statute

Current through Vol. 41, No. 20, July 1, 2024
Terms defined in 59 O.S., Sections 5009 et seq. shall have the same meanings when used in this Title unless the context or subject matter clearly requires a different interpretation.
Added at 28 Ok Reg 2295, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-2 - 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 Board of Commercial Pet Breeders.
"Regular Business Hours"
means 8:30 a.m. to 5:30 p.m.
"Requester"
means a person who submits a request to the Board asking the Board to issue a declaratory ruling or issue, amend, or cancel a rule.
Added at 28 Ok Reg 2295, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-3 - Board meetings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Regular meetings; notice.
The Board shall hold at least one regular meeting each month. The Board shall hold its meetings within the State of Oklahoma during regular business hours. The Chair, or the Vice Chair, if the Chair is unavailable, shall determine the exact time and place of each regular meeting. On or before December 15 of each year the Chair shall give notice in writing to the Secretary of State of the proposed date, time, and location of all regular meetings for the next calendar year. No less than 10 days before a regular meeting will be held, the Board shall provide notice to the Secretary of State of any changes to the date, time, and place of any regular meeting.
(b)
Additional meetings; notice.
The Chair, Executive Director, or any two members of the Board may call a meeting by giving notice of the meeting to the other members. The Chair, Executive Director, or the members calling a meeting shall cause the Secretary to mail or e-mail a notice of the meeting to each Board member, at the member's last mailing address or e-mail address of record, no later than the tenth day before the date of the meeting. The notice shall state the time, place, location, and purpose of the additional meeting. Board members may waive notice of any meeting by attending the meeting.
(c)
Meeting agenda.
Board members may submit to the Chair agenda items to be discussed at the next Board meeting. The Chair shall place on the agenda all items submitted to the Chair no later than 3 days before the date of the meeting. The Chair will transmit the agenda to the Board Members and post a copy of the agenda on the door of the office of the Board and on the Board website no later than 24 hours before the meeting. The Board shall not consider at any meeting any issues or topics that are not included in the meeting agenda, except that the Board may consider "emergency" items, which are items that arose or came to the knowledge of the Board less than 24 hours before the date of a meeting.
(d)
Quorum and Voting.
A quorum shall consist of a majority of the Board members, excluding the Executive Director. Each Board member, except the Executive Director, may cast one vote on every motion. The Executive Director may not vote. A majority vote of the voting members at a meeting in which a quorum is present shall constitute an action of the Board.
Added at 28 Ok Reg 2295, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-4 - Board officers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Election of Board officers.
The Board shall elect officers from the members of the Board at the first regular meeting of every calendar year. The Board shall elect a Chair, a Vice Chair, and a Secretary, and it may elect additional officers, as it deems necessary.
(b)
Duties of the Chair.
The Chair shall perform the following duties:
(1) preside at all meetings;
(2) appoint such committees as the Board may authorize or require in the conduct of Board business;
(3) appoint members and chairpersons of committees; and
(4) sign all certificates and perform all other duties usually pertaining to the office of Chair and required or permitted by law.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-5 - Vacancies in the Board

Current through Vol. 41, No. 20, July 1, 2024
If a vacancy occurs in the Board, the Chair shall notify the vacancy to the person or entity that appointed the Board member whose resignation caused the vacancy.
Added at 28 Ok Reg 2295, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-7 - Filing and disposition of petitions for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may file a request for a declaratory ruling by the Board as to the application or enforcement of any Rule in this Title or statute in the Act to a given set of circumstances. The requesting party shall pay a $300.00 non-refundable fee. The request shall be in writing, signed by person seeking the ruling, identify the rule or statute section and subsection involved, and contain a brief and concise statement of facts to which the ruling shall apply. The requester shall submit the request to the Board in writing by mail and may be in any form. Upon a vote of a majority of the Board members at a meeting in which a quorum is present, the Board may accept requests submitted by electronic mail.
(b) The Chair will add the request to the agenda for the next meeting of the of the Board. The Board will consider the request at the meeting for which the request is placed on the agenda. If the question posed in the request has been resolved by prior ruling of the Board, the Board will notify the requester of the prior ruling. At the meeting the Board may vote to continue discussions at a future meeting, or it may defer action pending a request for further information from the requester or pending any investigation or hearing which the Board might conduct.
(c) The Board shall issue requested rulings promptly after it reaches a determination, or the Board shall send an explanation to the petitioner stating why a ruling will not be issued. The Board shall issue a determination within 45 days of receiving a request containing sufficient information for the Board to issue the consider the request and issue a determination. In situations where the Board determines that an investigation is required to respond to the request, the Board shall issue make a determination and issue a ruling within 45 days of the completion of the Investigation. Unless a ruling states otherwise, Board rulings shall constitute precedent for the purpose of the Board's application and enforcement of the Act and the Rules in this Title until the Board or a court revokes or overrules the ruling. The Board shall index its rulings according to the Act section or Rule in this Title that the ruling interprets. Rulings shall be available for inspection by members of the public at the Board's website.
Added at 28 Ok Reg 2295, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 1 - Organization, Operation, and Purpose › Section 532:1-1-8 - Request for promulgation, amendment, or repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person may request the Board to promulgate, amend, or repeal a rule. The request must be in writing and must state the reasons supporting the proposed rule, amendment, or repeal. The requester shall also state whether the proposal conflicts with any Oklahoma State Statute or rule promulgated in the Oklahoma Administrative Code, and whether it will positively or negatively affect any persons or groups. Further, the requester shall state what statutory provisions are interpreted by the promulgated rule and the proposed rule, if applicable.
(b) Requesters shall submit rules requests to the Board in writing by mail. The Chair shall add requests to the agenda for the next Board meeting. The Board shall consider the request at the meeting for which the request is placed on the agenda. Once the Board makes a determination, it will notify the requester of its decision to approve or deny the request. The Board shall make a determination within 30 days of receiving the request. If the Board approves a request, it shall have 30 days from the date of the request to issue a notice of rule cancellation or notice of proposed rule making, as the case may be.
Added at 28 Ok Reg 2295, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-1 - Licensing requirements and due dates

Current through Vol. 41, No. 20, July 1, 2024
(a)
General licensing requirement.
No person shall operate as a commercial pet breeder, including that no commercial pet breeder shall breed pets, advertise, sell, or offer to sell pets unless the person has obtained a permanent or temporary commercial pet breeder license from the Board in accordance with the Act. No commercial pet breeder shall operate any location that is not specifically licensed by the Board.
(b)
Original application due date for commercial pet breeders operating before July 1, 2011.
Persons operating as commercial pet breeders on July 1, 2011 must submit a completed initial licensing application, pay the initial application fee, and pay the initial inspection fee on or before July 15, 2011. Persons who fail to comply with this section will be in violation of the Act, and the Board may impose penalties in accordance with these rules.
(c)
Original application due date for commercial pet breeders not operating before July 1, 2011.
Persons not operating as commercial pet breeders on July 1, 2011 but that desire to operate as commercial bet breeders after July 1, 2011, shall submit an initial licensing application, pay the initial application fee, and pay the initial inspection fee no less than 45 days before the first day of operation as a commercial pet breeder.
(d)
Renewals.
All licensees, including commercial pet breeders operating under a temporary license, must annually renew their commercial pet breeder license by submitting a renewal application and paying the appropriate application fee and inspection fee no less than 60 days before the expiration date of their license. Licenses shall be effective for one year after the date of the first license issued to the licensee in a license period. For each licensee the license period shall begin during every calendar year on the month and day on which the licensee first received a license, which date shall be the earlier of the date on which the licensee received the licensee's first temporary license or first permanent license after submitting the most recent initial application to the Board. The license period shall end on the date that is one year after the date the license period began. For licensees receiving a permanent license after having received a temporary license during the same licensing period, the permanent license shall expire on the date that is one year after the date of issuance of the temporary license.
(e)
Notice of renewal.
The Board shall send a notice of renewal to each licensee 90 days before the expiration of the licensee's license.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-2 - Requirements for licensing commercial pet breeders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Ownership.
Individuals or entities complying with the Act and these Rules may obtain licenses to act as commercial pet breeders. If the commercial pet breeder is an entity, it must be an Oklahoma entity in good standing or an entity licensed to do business in Oklahoma in good standing.
(b)
Fixed place of business.
Each commercial pet breeder shall have a fixed place of business with a specific physical location and shall conform to local zoning ordinances authorizing the occupancy of a commercial pet breeder at that location. The Board will issue only one license for a specific location, and commercial pet breeders must have a license for each location at which the commercial pet breeder keeps or houses any pets.
(c)
Inspections.
A Board member that is an Oklahoma licensed veterinarian or a representative authorized by the Board shall inspect each commercial pet breeder location prior to granting an permanent license for that location, and annually thereafter. Commercial pet breeder shall pay the initial inspection fee and annual inspection fees.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-4 - Consideration of applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Consideration of complete applications.
The Executive Director or Board staff under the supervision of the Executive Director will consider complete applications. The Application Evaluator will evaluate every complete application and may deny any application if a ground for denial, as defined in these Rules, is present. Before a denial may be issued, the Executive Director must approve any denials recommended by the Application Evaluator. If no Grounds for Refusal of a completed application exist, the Application Evaluator will inform the Executive Director, who will select an investigator or inspector to conduct an inspection of the business location.
(b)
Incomplete applications.
If the Application Evaluator determines that an application is incomplete, the Application Evaluator will notify the applicant by mail, facsimile, or electronic mail that the application is incomplete, identifying the numbered items on the application that the applicant failed to complete. The applicant may submit additional information within 20 days to supplement and complete the application. Upon submission of additional information, the Application Evaluator will determine whether the application is complete. If the application remains incomplete, the Application evaluator will again notify the applicant. If the applicant fails to submit all additional information required to complete the application within 20 days of the date of the original Notice, and the date all required information is received by the Board is later than the application due date, the applicant shall pay a late fee before the application is deemed complete. If the application is complete, the Application Evaluator will consider the supplemented application as a complete application.
(c)
Inactive applications.
The Board will deem "inactive" and will not consider applications that remain incomplete one year after the submission date. Applicants whose applications become inactive must re-file a complete application packet and must re-pay the application fee.
(d)
Withdrawn applications.
If an applicant requests that the applicant's application be withdrawn from consideration, the Application Evaluator will reject the application. In such case, the applicant must submit a new and complete application and fee if the applicant desires further consideration.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-5 - Grounds for denial, suspension, or revocation of a license

Current through Vol. 41, No. 20, July 1, 2024
The Board may cancel or revoke a license or refuse to issue an original license or renew a license:
(1) For any felony conviction;
(2) For any misdemeanor conviction in any court involving animal cruelty by any individual required to be disclosed under the initial application or renewal application;
(3) For convictions of violating the Act more than 3 times;
(4) If the Applicant has held or applied for a license pursuant to the Animal Welfare Act, and the license was suspended or revoked, or the application was refused due to the improper care of animals.
(5) For failing to file the annual report by February 1 of any calendar year;
(6) If the Application Evaluator or the Board finds the application contains false or misleading information;
(7) If the Application is incomplete or improperly completed and the applicant fails to provide a properly completed application after receiving notice from the Application Evaluator;
(8) If the applicant fails to pay the license application fee or the inspection fee in a timely manner;
(9) If the applicant fails to comply with all of the rules and statues adopted or enacted under the Act;
(10) If the applicant fails three inspections in connection with one application; and
(11) If the applicant fails to provide any other information as required by the Board.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-7 - Temporary licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
When issued; form.
Upon initial review of an initial licensing application, the Board may issue a temporary license to an applicant who has submitted a complete initial application, including the initial application fee and initial inspection fee. A temporary license certificate shall list the name of the commercial pet breeder, the licensed physical address, the temporary license number, the date of issuance of the temporary license, and the date of expiration of the temporary license.
(b)
Expiration and renewal.
A temporary license shall automatically expire on the expiration date, which shall be no later than one year from the issuance of the temporary license. A holder of a temporary license shall submit a renewal application no later than 60 days before the expiration date of the temporary license. In the renewal application the applicant shall provide the same information required for a renewal of a permanent license. An applicant requesting a renewal of a temporary license shall pay the renewal application fee, including late fees, if applicable, but shall not be required to pay the inspection fee for the first inspection.
(c)
Cancellation.
A temporary license may be cancelled under the same circumstances as a permanent application.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-8 - License certificate

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall issue license certificates to commercial pet breeders that complete the application and inspection process and are certified by the Executive Director to comply with the Act and Chapter 15 of these Rules. The certificate will identify the licensee by name, address, and license number, show the effective date, show the expiration date, and acknowledge the licensee's right to act as a commercial pet breeder in the State of Oklahoma.
(b) Licensees shall prominently display the original license certificate or a certified copy of the license certificate at the licensee's place of business. A licensee shall obtain an independent license for each business location.
(c) Licensees shall bring a copy of their license certificate when transporting pets.
(d) Licensees shall include their license number on all of the licensee's invoices, advertisements, or promotions regarding pets, including but not limited to, those in newspapers, the Internet, radio, or in flyers.
(e) The Board will issue duplicate original license certificates if:
(1) After corroboration of Board records Board staff determines that the applicant holds a valid license;
(2) The licensee makes written request for a replacement of certificate;
(3) The licensee provides an affidavit certifying that the original certificate has been lost, damaged or destroyed; and
(4) The licensee pays the prescribed fee.
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-9 - Transferability of license

Current through Vol. 41, No. 20, July 1, 2024
A commercial pet breeder license is not transferable from one person to another, or from one location to another. In case of the sale, lease, or relocation to a new facility of the commercial pet breeder, the commercial pet breeder's license will be immediately revoked on the effective date of the lease, sale, or relocation. The person that will operate the commercial pet breeder facility after the sale, lease, or relocation shall file an initial application and pay the inspection fee 45 days before the effective date of the lease, sale, or relocation; otherwise the person must cease operations and remove all pets before the effective date of the lease or sale. A licensed pet breeder who sells or leases his or her operation shall notify the Board of the sale or lease in writing no later than 10 calendar days after the effective date. In the case of a change of location, the Board shall not issue a license until the new location has been inspected and determined by the Board to be in compliance with the Act and these Rules. The Board may issue to the new owner or lessee, if it so deems appropriate upon an initial review of the application, a temporary license.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-10 - Changes of information

Current through Vol. 41, No. 20, July 1, 2024
In case of a change of name or mailing address, or change in management, or control of the commercial pet breeder, the licensee shall notify the Board within 10 days of the change. The licensee shall update all information submitted in previous licensing applications to disclose all information required in this Chapter regarding the managers, members, general partners, or employees with managerial control, as disclosed in licensing applications.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-11 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The Board shall charge the following non-refundable fees:
(1) Initial and renewal application fee for commercial per breeders licensed by the U.S. Department of Agriculture: $300.00.
(2) Initial and renewal application fee for commercial per breeders not licensed by the U.S. Department of Agriculture: $420.00
(3) Inspection fee for facility housing up to 50 pets: Cost of conducting the inspection, up to a maximum of $250.00.
(4) Inspection fee for facility housing more than 50 and up to 100 pets: Cost of conducting the inspection, up to a maximum of $350.00.
(5) Inspection fee for facility housing more than 100 and up to 200 pets: Cost of conducting the inspection, up to a maximum of $450.00.
(6) Inspection fee for facility housing more than 200 pets: Cost of conducting the inspection, up to a maximum of $600.00.
(7) Re-Inspection Fee: Cost of conducting the inspection, up to a maximum of $250.00.
(8) Renewal License Late Fees. If the applicant submits to the Board a renewal application and fee less than sixty days but more than thirty days prior to the license expiration date: $30.00; if the applicant submits to the Board a renewal application and fee within thirty-days of the license expiration date: $60.00; and if the applicant submits to the Board a renewal application and fee on or after the expiration date, the applicant will pay double the application fee.
(9) Declaratory Ruling: $300.00
(10) Certified Copy of Certificate of Licensure: $10.00
(11) Returned check. Any fee paid by a check which is returned to the Board from the bank shall then be paid by money order, cashier's check, or cash within (10) days after the check has been returned from the bank, plus a "returned check processing fee" of $35.00
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-12 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-13 - Reapplication or reinstatement after license denial or revocation

Current through Vol. 41, No. 20, July 1, 2024
If a license is denied or revoked, the applicant or licensee may not re-apply for a license for a period of six months after the date of the notice of denial or revocation. In order to obtain a license, the commercial per breeder must submit an initial license application, and pay the application fee, inspection fee and any other outstanding fees and penalties. The applicant shall also appear before the Board and respond to Board inquiries regarding the correction of the previous violations and to any other reasonable inquiries from the Board.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 3 - Licensing › Section 532:10-3-14 - Annual report

Current through Vol. 41, No. 20, July 1, 2024
No later than February 1 of every calendar year, commercial pet breeders shall submit to the Board by mail or electronic mail an annual report detailing the number of adult animals at each facility, and providing a brief summary of their operations and any other information requested by the Board. [59 O.S. § 5021 ].
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-1 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing of complaint.
Any person, including a Board member or a Board employee, may submit a complaint to the Board alleging a violation of the Act or these Rules. All complaints must be written, and signed by the complainant. A complaint shall identify the complainant and the alleged violator, and shall include a brief summary of the alleged violation.
(b)
Complaint log.
Upon receipt of a complaint, the Board shall record each complaint in a log maintained for that purpose. The complaint log shall contain a record of each complainant's name and address, the name and address of the alleged violator, a brief description of the alleged violation, the date each complaint was received by the Board, and the disposition of the complaint.
(c)
Acknowledgement.
Within 20 days of receipt of a complaint, the Board shall send the complainant a written acknowledgement of the complaint.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-3 - Hearing on emergency Board action

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearing.
If the Executive Director or the Board at any time determines that an emergency exists for which immediate action is warranted, including but not limited to suspension or revocation of a license, the Executive Director may convene an emergency hearing to take action on such license.
(b)
Notice.
No later than 5 days before the date of the hearing, the Executive Director or the Board shall send, via U.S. mail and e-mail, the respondent a notice of the emergency hearing, which shall list the location, date, and time of the hearing, and shall state the nature of the alleged violation, providing citations to the rules and statutes that have allegedly been violated. The notice shall provide the following statement: "Failure to appear at the hearing may result in immediate revocation or suspension of your commercial pet breeder license or in other adverse actions." The Executive Director will also send notice to the complainant of the hearing.
(c)
Hearing officer.
The hearing officer will preside at the hearing. The hearing officer will review the complaint, hear testimony from the respondent and any parties with knowledge, and review any evidence presented at the hearing. All evidence presented at the hearing will become part of the record. Based on the record, the hearing officer will determine whether emergency action should be taken and what action should be taken, which action may include a temporary suspension of the commercial pet breeder's license and immediate removal of all pets located at the facility. The hearing officer will enter an order with the determination.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-4 - Citations

Current through Vol. 41, No. 20, July 1, 2024
Any Board authorized inspector or investigator who inspects a commercial pet breeder's facility and finds a violation of the Act or these Rules may issue a citation to the commercial pet breeder. The inspector or investigator shall obtain the signature of the commercial pet breeder or representative on the stub or copy of the citation. The citation shall list the violation and state that the commercial pet breeder has the right to request a hearing before a hearing officer.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-5 - Stipulation, agreed settlement, consent order, or default

Current through Vol. 41, No. 20, July 1, 2024
(a)
Stipulation, agreed settlement, consent order or default.
Any investigation may be disposed of without a hearing by a written, signed, and notarized Stipulation, Agreed settlement, consent order, or default entered into by the respondent and the Executive Director, on behalf of the Board. Before entering into the stipulation, agreed settlement, or consent order, the Executive Director will notify the Chair or Vice-Chair of the Board.
(b)
Statement of facts.
The stipulation, agreed settlement, consent order, or default shall contain a statement of facts agreed upon by both the respondent and the Executive Director, on behalf of Board; any penalties that will be imposed shall be based on the agreed facts.
(c)
Waiver of hearing.
The stipulation, agreed settlement, consent order, or default shall state that the respondent was advised of the respondent's right to request a hearing but the respondent chooses to waive the right and enter into the stipulation, agreed settlement, consent order, or default.
(d)
Final disposition.
Neither the Board nor the respondent is required to enter into a stipulation, agreed settlement, consent order, or default, but once agreed to by the respondent and the Executive Director, on behalf of the Board, and signed and notarized, it shall become final and binding on all parties and shall become the final disposition of the investigation.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-6 - Legal counsel

Current through Vol. 41, No. 20, July 1, 2024
The respondent shall be entitled to representation by legal counsel. The respondent shall pay all expenses for such legal counsel.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-7 - Hearing officer and ban on ex parte communications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearing officer.
The Executive Director shall designate a hearing officer who will serve as decision maker at hearings requested by respondents. After the Board receives a complaint and the Executive Director appoints the hearing officer, the hearing officer shall recuse himself or herself from all discussions regarding the complaint and the investigation.
(b)
Ban on ex parte communications.
The hearing officer shall not communicate with any person, including Board members, Board staff, the complainant, and the respondent, about an investigation or complaint with respect to which he or she is the hearing officer unless the Executive Director, or a Board member or attorney designated by the Executive Director, and the respondent, or the respondent's attorney or representative, are present in the conversation, except at a hearing or other proceeding of which all parties have been notified. Except as otherwise expressly stated herein, the members or the Board shall not communicate with any person, including each other, about pending investigations, unless the respondent or the respondent's representative is present.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-8 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice.
If the respondent requests a hearing, the hearing on a complaint shall be held at a time and place designated by the hearing officer. The hearing officer shall send notice of the time and place of the hearing to the respondent at least 20 days before the date of the scheduled hearing, unless upon a motion from the Executive Director the hearing officer finds that exigent circumstances exist that merit an earlier hearing.
(b)
Written statement of the case.
No later than 10 days before the hearing, the Executive Director and the respondent shall submit to the hearing officer a brief written statement of the case and attach records, documents, or other evidence to support the party's position.
(c)
Administrative Procedures Act.
All hearings shall be conducted in accordance with the Administrative Procedures Act.
(d)
Hearing officer authority.
The hearing officer shall have the power and authority to conduct the hearing and shall conduct the hearing in the name of the Board.
(e)
Evidence.
At the hearing, the parties may introduce evidence, question and cross-examine witnesses, and make a brief oral statement of their case. Formal rules of evidence will not apply at the hearing. The hearing officer will rule on the admissibility of evidence.
(f)
Transcript.
The hearing may be transcribed upon the request of any party. The requesting party shall pay all costs of such transcription.
(g)
Subpoenas.
At the request of either party, the hearing officer will subpoena witnesses and evidence deemed necessary to conduct the hearing.
(h)
Continuance.
The hearing officer may grant continuances at his or her discretion. Parties shall file requests for continuance of a scheduled hearing in writing with the hearing officer at least 48 hours, holidays and weekends excepted, prior to the time of the scheduled hearing.
(i)
Record.
The Statements of the Case, hearing transcript, if any, inspection reports, and any other documents, records, or other evidence submitted by the respondent and the Executive Director for consideration by the hearing officer shall become part of the record.
(j)
Findings; order, notice.
The hearing officer shall make findings of fact and conclusions of law based on clear and convincing evidence at the close of a hearing, and shall enter an order thereon. The findings of fact, conclusions of law, and order shall be based upon the record and shall state clearly the actions to be taken by the Board, including any penalties to be imposed. A written order shall be given to all parties. Upon receipt of a written request, the hearing officer shall provide a copy of the order to any person appearing at the hearing. The order of the hearing officer shall become the final order of the Board if the order is not appealed.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-9 - Appeal of hearing officer's order

Current through Vol. 41, No. 20, July 1, 2024
By filing a notice of appeal with the Board within 10 calendar days of the issuance of the hearing officer's order, the respondent may appeal the hearing officer's order to the Board, which will review the order. In the notice of appeal, the respondent shall set forth a summary of the reasons why the Board should review and amend the hearing officer's order. The Board shall review the order based on the administrative record. The Board may affirm the hearing officer's order, revise the hearing officer's order and enter a new ruling or remand the cause to the hearing officer with instructions for the conduct of further proceedings. In either case, the Board will issue an order summarizing its findings of fact and the reasons why it affirms, revises, or remands the cause. An affirming or revised ruling issued by the Board will be the final Board order. If the Board remands the cause, the hearing officer will conduct further proceedings as instructed and will issue a new order. The hearing officer's order will be subject to review under this section.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-10 - Appeal of the Board's order

Current through Vol. 41, No. 20, July 1, 2024
The respondent may appeal the Board's order to a court of competent jurisdiction, pursuant to the Administrative Procedures Act provided the appeal is filed within thirty (30) days after the issuance of the Board's Final Order.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-11 - Penalties available to the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Revoke licenses.
After holding a hearing or if the respondent enters into a stipulation, agreed settlement, consent order, or default, the Board may revoke any or all licenses, registrations, or certificates issued by the Board.
(b)
Fines and penalties.
The Board may impose administrative fines and penalties as allowed by the Act.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-12 - Delegation by the Executive Director

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director may personally perform all duties assigned to the Executive Director under this Part, or the Executive Director may delegate any part of the Executive Director's duties under this Chapter to another person.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 10 - Licensing and Supervision of Commercial Pet Breeders › Subchapter 5 - Violations, Complaints, Investigations, and Enforcement › Section 532:10-5-13 - Investigators and inspectors qualifications and training

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
All Board investigators and inspectors must have a G.E.D. or high school diploma, valid driver's licenses issued by any state of the United States, the District of Columbia, or Puerto Rico, and must pass a background check. Investigations and inspectors may not have been convicted of any felonies, or any acts of domestic violence or animal cruelty, regardless of whether the conviction was a felony or misdemeanor.
(b)
Investigators.
Investigators shall be full time employees of the Board. Investigators shall have all of the authority granted to inspectors by the Act and Rules. Investigators shall have a minimum of 3 years experience with a law enforcement agency, and be certified as full-time peace officers by the Council of Law Enforcement Education and Training. Investigators shall obtain a minimum of 30 hours of continuing education annually, at least 4 hours of which must be dedicated to classes discussing animal cruelty, animal inspection, animal investigation, or animal welfare. Investigators shall comply with the annual Council of Law Enforcement Education and Training requirements to maintain their status as a full-time peace officer.
(c)
Inspectors.
Inspectors may be full-time or part time employees of the Board, or independent contractors. Inspectors shall maintain their professional standards according to their individual professional licensure, if any. Inspectors shall have a minimum of 3 years experience in their individual professions.
(d)
Board training.
The Board will offer to investigators and inspectors training on inspection of commercial pet breeders and the requirements of the Act and the standards and procedural requirements set forth in these Rules. The Board may require investigators and inspectors to take and pass an oral or written examination.
Added at 28 Ok Reg 2297, eff 7-25-11
Oklahoma Administrative Code › Title 532 - Board of Commercial Pet Breeders › Chapter 15 - Commercial Pet Breeder Operations Guidelines › Subchapter 1 - General Provisions › Section 532:15-1-1 - Minimum standards of care generally

Current through Vol. 41, No. 20, July 1, 2024
Commercial pet breeders shall provide that level of care to pets, including sufficient food and water, regular exercise, veterinary care, adequate grooming, natural or artificial light during daylight hours, adequate space in living quarters, protection from the elements and extreme temperatures, and adequate resting time between breeding cycles, that ensures the general health and well-being of all pets the commercial pet breeder owns. All commercial pet breeders shall comply with the standards of care set forth in this Chapter and shall at all times be able and encouraged to provide conditions improved beyond the minimum standards set forth by this Chapter. With regard to care elements not specifically addressed in this Chapter, commercial pet breeders shall be guided by the generally accepted standards of breeding and husbandry. The provisions of this Chapter are in addition to, and not in lieu of, any other state and federal laws regarding animal welfare. This Chapter is not intended to limit any state law or regulation governing the welfare of animals, nor shall anything in this section prevent a local governing body from adopting and enforcing its own animal welfare laws and regulations in addition to this section.
Added at 28 Ok Reg 2306, eff 7-25-11