reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-28 - County Jail Improvement Act

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to carry out the duties
					 prescribed or implied pursuant to administration of the County Jail Improvement
					 Program. [74:5028, 5029]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-29 - Trade Development Program

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to perform the duties
					 prescribed or implied pursuant to the Oklahoma Trade Development Program.
					 [2:5-59]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-30 - Enterprise Zone Act

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to perform the duties
					 required or implied pursuant to the Oklahoma Enterprise Zone Act.
					 [62:690.1-690.16]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-31 - Energy conservation; weatherization

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to perform the duties
					 prescribed or implied in order to administer state and federal Energy
					 Conservation Programs and Weatherization Programs. [74:5017.1, 5030, 5032, and
					 63:2901-2903]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-32 - State Data Center

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to operate the Oklahoma
					 State Data Center and to perform such acts as may be necessary to implement and
					 continue its operation. [74:5018, 5019]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-33 - Capitol Straight Line [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2003, eff 6-26-95
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-34 - Small Business Incubators' Incentives Act

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to perform the duties
					 prescribed or implied pursuant to the Small Business Incubators' Incentives
					 Act. [74:5071-5079]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-35 - Export Trading Company Act

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to carry out those
					 duties prescribed or implied pursuant to the Export Trading Company Act.
					 [74:2101-2109]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-36 - Inventors Assistance Act

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have the power to carry out the duties
					 and responsibilities prescribed or implied in the Inventors Assistance Act.
					 [74:5064.1-5064.9]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-37 - SSC Authority [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2003, eff 6-26-95
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 3 - Powers and Duties of Agency › Part 3 - ADMINISTRATION OF VARIOUS ACTS; PROGRAMS › Section 150:1-3-38 - Office of Federal Assistance Management [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2003, eff 6-26-95
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 1 - GENERAL › Section 150:1-5-1 - Chief Executive Officer

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to carry out the responsibilities of the Chief Executive Officer
					 of the Oklahoma Department of Commerce.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 1 - GENERAL › Section 150:1-5-2 - Hiring

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to determine the persons to be employed by the Department and
					 their classifications and business activities in the Annual Business
					 Plan.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 1 - GENERAL › Section 150:1-5-3 - Chief Executive Officer, Futures

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve as the Chief Executive Officer for Oklahoma Futures and
					 to carry out his responsibilities resulting from that official status.
					 [74:5002.3]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 1 - GENERAL › Section 150:1-5-4 - Administrator of economic development organizations

Current through Vol. 41, No. 20, July 1, 2024
The Director shall have the power to serve as administrator
					 of any association created for the pursuit of the economic development of the
					 State of Oklahoma, at his discretion and within limitations as may be
					 prescribed by law. [74:5003.5]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 1 - GENERAL › Section 150:1-5-5 - Promulgated rules

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department shall have the power and
					 duty to promulgate rules and regulations for programs as required or permitted
					 by law.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 1 - GENERAL › Section 150:1-5-6 - Cabinet Secretary

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power to serve as Secretary of the Department of Commerce Cabinet at the
					 discretion of the Governor. [74:10.3]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-21 - Member OIFA Board

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve on the Board of the Oklahoma Industrial Finance
					 Authority. [10 OK Const. 33.A; 74:854]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-22 - Member OCAST Board

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve on the Board of the Oklahoma Center for the Advancement
					 of Science and Technology. [74:5060.6]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-23 - Member ODFA Board

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve on the Board of the Oklahoma Development Finance
					 Authority. [74:5062.6]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-24 - Member Executive Bond Oversight Commission

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve on the Board of the Executive Bond Oversight
					 Commission. [62:695.5]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-25 - Member Ordnance Works Authority

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve on the Board of the Oklahoma Ordnance Works Authority.
					 [60:164, 176, 177]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-26 - Member Council on Juvenile Justice

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall serve on
					 the Board (or at his discretion, may appoint a designee) of the Oklahoma
					 Council on Juvenile Justice. [10:601.7]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-27 - Member TISRAD

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce shall have the
					 power and duty to serve on the Trucking Industry Self Funded Research and
					 Development Committee (TISRAD). [47:1162]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-28 - Member Private Prisons Industries Board [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
					 2345, eff 6-27-96
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-29 - Member Agroindustry Policy Commission [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
					 2345, eff 6-27-96
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-30 - Oklahoma Indian Affairs Commission

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce or his designee,
					 shall have the power and duty to serve as a nonvoting, ex officio member of the
					 Oklahoma Indian Affairs Commission. [74:1201]
Added at 12 Ok Reg
					 2003, eff 6-26-95
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-31 - Oklahoma International Trade Development Council

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce or his designee,
					 shall have the power and duty to serve as an ex officio member of the Oklahoma
					 International Trade Development Council. [2:3003]
Added at 12 Ok Reg
					 2003, eff 6-26-95
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 5 - Powers and Duties of Director › Part 3 - MEMBERSHIP ON VARIOUS BOARDS › Section 150:1-5-32 - Oklahoma Homeless Prevention Committee

Current through Vol. 41, No. 20, July 1, 2024
The Director of the Department of Commerce or his designee,
					 shall have the power and duty to serve as a member of the Oklahoma Homeless
					 Prevention Committee. [74:2900.1a]
Added at 12 Ok Reg
					 2003, eff 6-26-95
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-1 - Offices

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Oklahoma Department of Commerce
				  is 900 North Stiles Avenue, Oklahoma City, Oklahoma 73104-3234. All mail shall
				  be received at the present address; provided, the Department may change its
				  principal office as required pursuant to law. The Department may maintain
				  subsidiary offices as may be needed to accomplish its
				  programs.
Amended at 18 Ok Reg
				  3495, eff 9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-2 - Hours

Current through Vol. 41, No. 20, July 1, 2024
Public business hours of the Department of Commerce shall be
				  from 8:00 a.m. to 5:00 p.m., unless otherwise designated by the Director of the
				  Department, Monday through Friday, inclusive excepting legal holidays
				  established by statute or by proclamation of the Governor.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-3 - Exercise of powers

Current through Vol. 41, No. 20, July 1, 2024
The Department may exercise its powers at any location deemed
				  necessary to transact the business of the Oklahoma Department of Commerce both
				  nationally, internationally, and within the state.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-4 - Communications

Current through Vol. 41, No. 20, July 1, 2024
All communications to the Department of Commerce shall be
				  addressed to the Director of the Department at the principal office designated
				  herein. Provided, other correspondence more properly addressed directly to
				  another employee of the Department pursuant to the terms of the Annual Business
				  Plan should be so addressed.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-5 - Notices

Current through Vol. 41, No. 20, July 1, 2024
All notices and agendas of public meetings which are staffed
				  by the Department of Commerce shall be posted on the bulletin board of the
				  Department of Commerce on the first floor or on the second floor. Such notice
				  shall be posted in compliance with the Oklahoma Open Meetings Act.
				  [25:301-314]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-6 - Duties of personnel

Current through Vol. 41, No. 20, July 1, 2024
The Division Directors, supervisors, and offices designated
				  in the Annual Business Plan shall perform the duties set out in the plan and
				  shall manage the business of their divisions and offices in accordance with the
				  plan, the rules of this title and enabling statutes.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-7 - Annual reports

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Commerce shall summarize its
				  activities in its annual report which shall be published in accordance with 74
				  O.S., Sections 3106.1 and 5003.8.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-8 - Required reports

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				development of performance criteria, the Department shall prepare an annual
				performance review which shall be submitted to the Legislature to assist the
				appropriation process on or before February 1 of each year.
				[74:5003.9]
(b) Additionally, the
				Department shall make budget reports as required by law regarding quarterly
				expenditures. Such reports shall be directed to the Governor and the
				Legislature. [S.B. 61 of the first session of the 41st Legislature and
				74:500.2, 500.18]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-9 - Audits

Current through Vol. 41, No. 20, July 1, 2024
The Department shall have an annual audit performed by a
				  certified public accountant or a licensed public accountant of all the funds,
				  accounts and fiscal affairs of the Department in accordance with federal and
				  state laws.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 7 - General Course and Methods of Operations › Section 150:1-7-10 - Process Service

Current through Vol. 41, No. 20, July 1, 2024
Any and all service of process upon the Oklahoma Department
				  of Commerce concerning the Department and its employees shall be served upon
				  the Director, Deputy Director, or General Counsel. Service will be received
				  during public business hours only.
Amended at 12 Ok Reg
				  2003, eff 6-25-95; Amended at 18 Ok Reg 3495, eff
				  9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-1 - Location of records

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Commerce shall maintain all
				  records at its official offices. Records shall include those materials which
				  are defined as "records" in the Open Records Act, 51 O.S., Sections 24A.1
				  through 24A.18. Notwithstanding the foregoing sentence, the records shall
				  include the rules of this title, the Annual Business Plan, the Annual Report,
				  performance review reports and all statements of policy or interpretations
				  formulated or used by the Department.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-2 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may inspect any record that is
				not deemed confidential by law at the offices of the Department of Commerce
				during regular business hours.
(b)
				The person requesting inspection of any record shall complete a Request for
				Inspection/Copies form detailing the record(s). The person making the request
				shall include on the form the name, address, and telephone number and a
				specific description of the record to be inspected.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-3 - Copies

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person wishing to obtain copies of
				any records may do so by completing a Request for Inspection/Copies of Records
				form which details the records and which sets out the name, address and
				telephone number of the person requesting a copy of such records. The
				description of the record requested for copying should be as specific as
				possible.
(b) In the event more
				than twenty (20) copies are requested, the Department may arrange to mail the
				copies to the applicant, within ten (10) days.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-4 - Charges

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department of Commerce shall charge
				for copies of records and may charge for staff time spent in obtaining the
				records after staff time of more than one hour for the same record or group of
				related records has been necessary in order to retrieve such records for
				inspection or copying.
(b) The
				search fee charges and copying charges shall be posted on the bulletin boards
				of the Department of Commerce and shall be on file at the Oklahoma County
				Courthouse. Provided, charges for particular materials or copies set by law
				shall be in accordance with statute.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-5 - Search fees

Current through Vol. 41, No. 20, July 1, 2024
The search fee shall only be applicable to materials
				  requested solely for commercial purposes or when clearly an excessive
				  disruption of the essential function of the Department has or will occur,
				  unless it is determined by the Director, in his discretion, that the public
				  interest is served to such an extent that no charge should be
				  applicable.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-6 - Receipt of requests

Current through Vol. 41, No. 20, July 1, 2024
The Director shall designate a public information officer as
				  the individual authorized to receive Request for Inspection/Copies forms and to
				  forward the request to the custodian of the specific record for response
				  thereto. In the absence of the designated public information officer, the
				  designees of said officer shall act in his absence.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-7 - Notices to requestors

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of
				a request for inspection or copy of any records held by the Department of
				Commerce, the custodian of the record shall, within five (5) days of receipt of
				the request, notify the person requesting the record of one of the following:
(1) That the request is granted and the
				estimated charge of (50%) of the costs may be required if costs exceed one
				hundred fifty dollars ($150) or the person or party requesting the copy(s) owes
				the Department in excess of that amount for copies and services already
				rendered.
(2) That the request is
				denied and the reasons for the denial. Such denial shall be on a form which
				provides statutory citation or other reasons for denial.
(3) That the request is granted but that due
				to circumstances specified in the notice, the inspection of the document or the
				copy must be delayed. The reasons for the delay shall be specified in the
				notice sent by the public information officer.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-8 - Private copier

Current through Vol. 41, No. 20, July 1, 2024
In the event essential business of the Department prevents
				  copying activities impossible or impracticable within ten (10) days of the
				  written receipt of the request, Department personnel may provide materials to
				  be copied by a private copier at the expense of the person or entity requesting
				  the copies after arrangements have been made by the applicant with the private
				  copier.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-9 - OKNET

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Commerce provides economic
				  development entities and others interested in economic development activities
				  access to certain electronic information through OKNET. The OKNET program
				  allows users to access various data sources maintained by the Department upon
				  payment of an installation fee of Two Hundred and Fifty Dollars ($250.00) and
				  an annual subscription fee of One Hundred and Fifty Dollars
				  ($150.00).
Added at 11 Ok Reg 3129,
				  eff 7-1-94
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 9 - Records and Inspections › Section 150:1-9-10 - Destruction of records

Current through Vol. 41, No. 20, July 1, 2024
The Director of Administrative Services and the Purchasing
				  Officer, in consultation with Executive Director and the General Counsel, will
				  develop a process for the destruction of records that is in compliance with the
				  rules and requirements of the programs administered by the Oklahoma Department
				  of Commerce. Financial records of the Oklahoma Department of Commerce shall be
				  destroyed after five (5) to seven (7) years, depending upon the financial
				  records and applicable rules and regulations, after the applicable audits have
				  been completed and all applicable audit reports have been accepted and resolved
				  by all applicable federal and state agencies and provided no legal actions are
				  pending. If legal action is pending the affected records are to be destroyed
				  two (2) years after exhaustion of all legal remedies provided the records meet
				  all stipulated retention requirements.
Added at 24 Ok Reg 1201,
				  eff 5-25-07
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-1 - Interpretation

Current through Vol. 41, No. 20, July 1, 2024
All individual proceedings shall be governed by this
				  subchapter and the Oklahoma Administrative Procedures Act, 75 O.S., Section 301
				  et seq., as amended. The rules of this subchapter shall be given the most
				  reasonable meaning, taken in its total context and will be construed to secure
				  due process in the proper resolution of every controversy. It may not be
				  construed to limit legal rights or obligations of any party.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-2 - Petition for hearing; form of petition

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or entity adversely affected
				by an act or decision by Oklahoma Department of Commerce is entitled to an
				individual hearing and shall file a Petition for Hearing before the Oklahoma
				Department of Commerce, 900 North Stiles Avenue, Oklahoma City, Oklahoma,,
				73104-3234 Attention: General Counsel.
(b) A request for hearing shall be made in
				writing in the form of a petition captioned as set forth in Appendix A of this
				Chapter.
(c) The Petition must
				include a statement of the facts leading up to the Petition. The Petition must
				specify the particular program and the statute or rule the petitioner believes
				serves as the basis for the petition.
(d) The Petition must contain names known to
				the petitioner of any other parties who may be affected if such relief or
				remedy by the Department of Commerce is granted and a short statement of the
				effects of such known parties, if applicable. Joinder of interested parties is
				permissible only if an identified, pecuniary interest of the party to be joined
				is threatened. The Petition must contain a statement of the relief requested.
				The relief requested must be within the lawful authority and power of the
				Department of Commerce. Alternative or several different types of relief may be
				requested.
(e) An instrument which
				does not include the basic allegations required herein may not constitute a
				valid petition and may be dismissed upon request of the applicable division of
				the Department.
Amended at 18 Ok Reg
				  3495, eff 9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-3 - Filing

Current through Vol. 41, No. 20, July 1, 2024
(a) The date of filing for a petition for a
				hearing shall be the date on which the petition is received in the main office
				according to the date and time stamp of the Department.
(b) The Department must receive a petition in
				regard to an action or decision of the Department within thirty (30) days of
				the Department action adversely affecting the individual petitioner in order
				for the petition to be valid. If the petition is not timely filed, it may be
				dismissed by the Department.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-4 - Pre-hearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a) Usually within
				thirty (30) days after receipt of a petition for a hearing, there shall be
				mailed to all participating parties a notice of pre-hearing conference if all
				outstanding preliminary motions have been resolved.
(b) The pre-hearing conference is for the
				purpose of informally resolving the conflict, if possible. It will be conducted
				by the hearing examiner. In the event resolution is not accomplished, the
				pre-hearing conference should result in identification of the legal issues and
				disputed facts; resolution of scheduling of discovery; and exchange of names of
				witnesses and exhibits list. A pre-hearing conference order form addressing
				these issues will accompany the pre-hearing conference and should be completed
				by the parties to the extent possible, before the pre-hearing
				conference.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-5 - Pre-hearing conference order

Current through Vol. 41, No. 20, July 1, 2024
Date of hearing on the merits shall be determined at the
				  prehearing conference but may be changed for good cause shown by any party or
				  by the hearing examiner. The pre-hearing conference order shall set forth the
				  date and all agreements reached by the parties. The order shall also set
				  forth:
(1) A statement of the time,
				place, and nature of the hearing;
(2) A statement of the legal authority and
				jurisdiction under which the hearing is to be held;
(3) Specific reference to statutes or rules
				which may be involved;
(4) A short
				and plain statement of the issues asserted in as much detail as possible at the
				time of the notices; and
(5) A
				statement that any interested party may appear and be represented by an
				attorney, who shall be paid at their expense.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-6 - Hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing
				examiner for administrative appeals regarding individual proceedings shall be
				the General Counsel of the Department of Commerce unless it is determined that
				a conflict exists regarding the particular matter at issue.
(b) In the event the hearing examiner must
				disqualify, the Executive Director shall appoint an alternate hearing examiner
				who must be a licensed attorney at law.
(c) Any party may request disqualification of
				the hearing examiner by filing an affidavit with the Executive Director,
				stating the specific grounds upon which the request is made.
(d) The Director shall promptly make a
				determination either granting or denying the request. Denial of the request is
				not an appealable order.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-7 - Depositions; subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma
				Department of Commerce or any other party, upon notice, may take depositions of
				witnesses in the same manner as provided for in civil proceedings before the
				district court. The depositions may be admitted into evidence in the same
				manner as other evidence. Costs of depositions shall be borne by the deposing
				party(s).
(b) The Oklahoma
				Department of Commerce through its General Counsel or the appointed hearing
				examiner may issue subpoenas and subpoenas duces tecum for the production of
				witnesses and documents. The Oklahoma Department of Commerce and any other
				party, upon written motion, may request that subpoenas be issued. The party
				requesting the subpoena shall fill it in before issuance.
(c) In order to allow sufficient time, a
				request for subpoenas must be received by the Department of Commerce at least
				five (5) days prior to any hearing or deposition at which attendance of a
				witness is required. Subpoenas may be served by the Marshall of the agency at
				his discretion, who is the Director of Procurement Services or his designee or
				as subpoenas are served in civil actions. The party requesting the subpoena
				shall bear the costs of serving it and any fees.
(d) Obedience of any subpoena may be enforced
				by the Department of Commerce in the District Court.
(e) In the event questions arise regarding
				discovery procedures, the Oklahoma Discovery Code, 12 O.S., Sections 3201 et
				seq., shall apply.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-8 - Default orders

Current through Vol. 41, No. 20, July 1, 2024
(a) If a party
				fails to attend or participate in a pre-hearing conference, hearing, or other
				stage of an adjudicative proceeding, the hearing examiner may service upon all
				parties written notice of a proposed default order, including a statement of
				the grounds.
(b) Within seven (7)
				days after service of a proposed default order, the party against whom it was
				issued may file a written motion requesting that the proposed default order be
				vacated, stating the grounds relied upon. During the time within which a party
				may file a written motion under this subsection, the hearing examiner may
				adjourn the proceedings or conduct them without the participation of the party
				against whom a proposed default order was issued, having due regard for the
				interests of justice and the orderly and prompt conduct of the
				proceedings.
(c) The hearing
				examiner shall either issue or vacate the default order promptly after
				expiration of the time within which the party may file a written
				motion.
(d) After issuing a default
				order, the hearing examiner shall conduct any further proceedings necessary to
				complete the adjudication without the participation of the party in default and
				shall determine all issues in the adjudication, including those affecting the
				defaulting party.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-9 - Petition for intervention

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing
				examiner shall grant a petition for intervention if:
(1) The petition is submitted in writing to
				the hearing officer, with copies mailed to all parties named in the hearing
				officer's notice of the hearing, at least three days before the
				hearing;
(2) The petition states
				facts demonstrating that the petitioner's legal rights, duties, privileges,
				immunities, or other legal interests may be substantially affected by the
				proceeding or that the petitioner qualifies as a intervener under any provision
				of law; and
(3) The hearing
				examiner determines that the interests of justice and the orderly and prompt
				conduct of the proceedings will not be impaired by allowing the
				intervention.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-10 - Evidence; privilege; procedural questions

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of evidence and confidential
				privilege established in the Oklahoma Administrative Procedures Act, 75 O.S.
				Sections
				309
				through
				326 shall
				govern all hearings. The hearing examiner may admit and give probative effect
				to evidence which possesses probative value commonly accepted by reasonably
				prudent men in the conduct of their affairs.
(1) The rules of privilege are to be given
				effect in individual proceedings and evidence excluded because of any privilege
				recognized by the courts of this State shall not be admitted into
				evidence;
(2) Incompetent,
				irrelevant, immaterial and unduly repetitious evidence may be excluded by the
				hearing examiner;
(3) Unless
				otherwise provided by law, the burden of proof shall be upon the petitioner to
				show in what manner the act or decision affecting petition is incorrect;
				and
(4) Upon a hearing, if a
				petitioner fails to show a prima facie case for lack of sufficient evidence,
				the hearing examiner may recommend dismissal of a petition forthwith to the
				Director, upon grounds of failure to prove sufficient facts which would entitle
				petitioner to relief requested. The Director may dismiss a petition based upon
				the recommendation
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-11 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will consider motions and
				applications for Orders. All such motions and/or applications must be in
				writing and must set forth the facts giving rise to the motion, any legal
				authority to support the motion and the requested remedy if the motion is
				granted.
(b) Parties involved in
				the appeal or in the action will have twenty (20) days after receipt of the
				motion to set forth in writing reasons why the motion should not be granted
				unless the motion on its face demonstrates that it must be granted forthwith or
				irreparable harm will result.
(c)
				In the event such a motion is immediately granted, any adverse party may object
				to the granting of the motion and such objection will be considered
				immediately, and an answer in writing delivered expeditiously.
(d) All resolutions of motions, applications
				or objections, shall be issued by the hearing examiner, in writing.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-12 - Hearing examiner reports

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing
				examiner shall prepare a report setting forth findings of fact and conclusions
				of law in an expeditious manner following the close of the hearing.
(b) The report shall be mailed to each party
				and their representatives. The date the report is mailed is the date of its
				issuance and shall be stated on the order. If the hearing examiner requests it
				and receives proposed orders, then the final order shall also include a ruling
				on each proposed finding proffered in the proposed orders.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-13 - Objections

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party aggrieved by a report may
				submit motions and briefs to the Director objecting within ten (10) days of the
				date of issuance of the report. The Director will reconsider the report of the
				hearing examiner in light of the written objections.
(b) In any event, the Executive Director
				shall determine whether or not whether to grant the application objecting to
				the report within sixty days (60) and issue a final order.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-14 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of an application for rehearing, the Executive
				  Director or his designee may remand the proceeding to the original hearing
				  examiner or to a newly appointed hearing officer at his discretion for further
				  evidence or argument; the Director may reject the application; or the Director
				  may grant the application in part or in its entirety.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-15 - Appeal of final orders; transcripts; transmittal of confidential materials

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party
				aggrieved by a final order may appeal to the district within thirty (30) days
				of the issuance of a final order or thirty (30) days from a final disposition
				of a properly filed application for rehearing.
(b) A transcript of oral testimony at the
				hearing shall be provided to the court by the Oklahoma Department of Commerce
				upon payment of the costs of preparation of the transcript by the appealing
				party. Requests for transcripts shall be made in writing and filed with the
				Department of Commerce. Costs shall be assessed as provided in Subchapter 9 of
				this chapter-one dollar ($1.00) for each page of the certified original and ten
				dollars ($10.00) per hour for creation of the document after the first
				hour.
(c) In the event the record
				of the hearing must be transmitted to a District Court for review, those parts
				of the record containing confidential materials shall be segregated and the
				court shall be notified at the time of transmission of the confidential nature
				of the records; the Department shall move the court to issue a protective order
				so that the materials will not be available to the extent that disclosure of
				any of the information would harm any financial interests or become
				broadcast.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-16 - Stay of Order

Current through Vol. 41, No. 20, July 1, 2024
In the event a stay of any Department order or decision is
				  requested by any party affected or prejudiced by the Order pending a Motion for
				  Reconsideration or a Petition for Judicial Review of the Order, the Department
				  shall stay the order unless it is demonstrated or apparent from the record that
				  the stay of the order will result in irreparable harm and unreasonable delay of
				  any Department action or irreparable harm to any party or
				  person.
Amended at 18 Ok Reg
				  3495, eff 9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 11 - Individual Proceedings › Section 150:1-11-17 - Ex parte communications

Current through Vol. 41, No. 20, July 1, 2024
No ex parte communications concerning individual proceedings
				  shall be made to the Director or the hearing examiner during the pendency of
				  the administrative proceedings or judicial review.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 13 - Requests for Declaratory Rulings › Section 150:1-13-1 - Requests; petition contents

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				requests for declaratory rulings as to the applicability of any rule or order
				of the Department shall be made by filing a petition with the Department
				requesting such a ruling.
BEFORE THE
OKLAHOMA DEPARTMENT OF COMMERCE
IN RE (nature of proceeding, or - - e.g. request for
							 request for declaratory ruling)
)))))
Case No.__________ (to be completed by staff)
(b)
				The petition shall identify the rule or order questioned, the date on which
				rule or order became effective, and shall set forth the contents of the rule or
				order.
(c) The petition shall
				include a brief statement of the issue or issues raised by the rule or order
				which caused such a request to be made, and a statement as to the petitioner's
				personal interest in the ruling of the Department and how much a ruling by the
				Department will affect those interests.
(d) The petition shall set forth names known
				to petitioner of persons or entities who may have an interest in the outcome.
				The Department's hearing examiner may entertain oral presentation or argument
				on the request of petitioner, and the Department may, on its own motion,
				request argument, briefing or presentation from the petitioner and from
				Department personnel.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 13 - Requests for Declaratory Rulings › Section 150:1-13-2 - Consideration of petition

Current through Vol. 41, No. 20, July 1, 2024
On considering a petition for declaratory ruling, the hearing
				  examiner may in sound discretion refuse to issue a declaratory ruling or may
				  decide the issues and determine the validity of the applicability to the
				  petitioner of the rule or order.