reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 25 - Chiropractic Undergraduate Preceptorship Programs › Subchapter 3 - Preceptorship › Section 140:25-3-4 - Standards and qualifications for a preceptor

Current through Vol. 41, No. 20, July 1, 2024
A chiropractic physician who desires to participate in the
				  program as a preceptor shall meet the following standards and
				  qualifications:
(1) hold an original
				license and current renewal license;
(2) have a minimum of three (3) years of
				experience as a practicing chiropractic physician;
(3) have a chiropractic practice with a
				minimum of fifty (50) patient visits per week;
(4) have a chiropractic office, clinic or
				facility with a professional appearance. Such office, clinic or facility must
				be approved in writing by the intern's college and shall be subject to the
				approval and inspection by the Board and/or Advisory Committee;
(5) utilize the following procedures in the
				chiropractic practice:
(A) taking a patient's
				medical history;
(B) physical
				examination of a patient; and
(C)
				diagnostic procedures where indicated;
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 25 - Chiropractic Undergraduate Preceptorship Programs › Subchapter 3 - Preceptorship › Section 140:25-3-5 - Responsibilities of preceptor

Current through Vol. 41, No. 20, July 1, 2024
A preceptor shall have the following responsibilities to the
				  intern, the intern's college, and the Board:
(1) to confer with the designated
				representative of the college prior to the beginning of each experience to
				develop the organization, content, duration and weekly schedule of the intern's
				experience;
(2) to maintain
				complete records of the intern's performance and provide an evaluation to the
				college on a form provide by the college and approved by the Board;
(3) to permit, upon reasonable request, and
				inspection by the college or the Board, or both, of:
(A) the preceptor's chiropractic office,
				clinic, or facility;
(B) services
				available for the experience;
(C)
				the intern's records; and
(D) any
				other items related to the experience;
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 25 - Chiropractic Undergraduate Preceptorship Programs › Subchapter 3 - Preceptorship › Section 140:25-3-6 - Responsibilities of intern

Current through Vol. 41, No. 20, July 1, 2024
An intern shall have the following responsibilities to the
				  intern's college, the preceptor and the Board:
(1) to provide a current telephone number and
				address of his location in the state to the preceptor and the Board within a
				reasonable time after arrival, and to provide any change of telephone number or
				address to the preceptor and the Board within twenty-four (24) hours after any
				such change;
(2) to complete any
				appropriate forms requested by the college or the Board;
(3) to serve as an intern for the period of
				time specified by the college for the purpose of augmenting his competence in
				all areas of the practice of chiropractic;
(4) to follow all policies and procedures of
				the preceptor's chiropractic office, clinic or facility;
(5) to wear proper attire at the preceptor's
				chiropractic office, clinic or facility;
(6) to provide his own transportation and
				living arrangements;
(7) to report
				to the preceptor on time; and
(8)
				to refrain from submitting for publication any material related to the
				experience without prior written approval of the preceptor and the
				college.
(9) to provide immediate
				notice to the Board of Chiropractic Examiners of any change of status of intern
				during the course of the internship.
Added at 11 Ok Reg 4577,
				  eff 8-25-94; Amended at 24 Ok Reg 2704, eff
				  7-26-07
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 25 - Chiropractic Undergraduate Preceptorship Programs › Subchapter 3 - Preceptorship › Section 140:25-3-7 - Responsibility of college

Current through Vol. 41, No. 20, July 1, 2024
An intern's college shall have the following responsibilities
				  to the intern, the preceptor and the Board:
(1) to provide the complete name,
				biographical data (including work experience) and a report of the health status
				of the intern to the preceptor at least one (1) month before the beginning date
				of the experience;
(2) to supply
				any additional information related to the experience required by the preceptor
				prior to the arrival of the intern;
(3) to assure that the intern has
				satisfactorily completed the prerequisite portion, as determined by the
				college, of the curriculum at the college and disclose to the preceptor the
				nature and extent of such prerequisite portion;
(4) to designate a faculty member at the
				college as the college's designated representative, who shall jointly develop
				with the preceptor the organization, content, duration and weekly schedule of
				the intern's experience;
(5) to
				enforce rules and regulations governing the intern's conduct that are mutually
				agreed upon by the college and the preceptor, which rules and regulations shall
				include requirements that the intern:
(A)
				abide by all of the policies and procedures of the preceptor's chiropractic
				office, clinic or facility; and
(B)
				be well-groomed in appearance and courteous, at all times, in his relations
				with the preceptor's patients, the preceptor's staff and the public;
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 25 - Chiropractic Undergraduate Preceptorship Programs › Subchapter 3 - Preceptorship › Section 140:25-3-8 - Miscellaneous provisions

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				intern shall be allowed to perform only those duties which are lawful and
				ethical in the practice of chiropractic.
(b) Any incident reports related to an
				intern's experience shall be maintained by the preceptor and shall be the sole
				property of the preceptor, except as may be otherwise provided by law;
				provided, however, upon receipt of a written request by the intern's college or
				the Board, the preceptor shall provide to the college or the Board a copy of
				such report.
(c) A preceptor may
				request an intern's college to withdraw from an experience any intern:
(1) whose performance, conduct, demeanor, or
				willingness to cooperate with co-workers or to serve patients is
				unsatisfactory;
(2) whose personal
				characteristics prevent desirable relationships within the preceptor's
				chiropractic office, clinic or facility; or
(3) whose health status is a detriment to the
				intern's experience.
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 1 - General Provisions › Section 140:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to:
(1) Establish a certification system and
				standards for the education and training of certified chiropractic assistants;
				and
(2) Establish various
				requirements and prohibitions related to the certification of chiropractic
				assistants found by the Board to be in the best interest of health, safety and
				welfare of the public.
Added at 30 Ok Reg 2130, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 1 - General Provisions › Section 140:30-1-2 - 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:
"Act"
means the Oklahoma Chiropractic Practice
				  Act, 59 O.S. 1991, §§ 161.1 et seq.
"Board"
means the Board of Chiropractic
				  Examiners.
"Certified Chiropractic Assistant" (CCA)
means
				  an unlicensed member of a chiropractic physician's team of healthcare workers
				  who may assist a chiropractic physician in the performance of examination and
				  therapeutic procedures and techniques necessary to deliver healthcare services
				  to patients within the scope of chiropractic and has been certified by the
				  Board.
"Certified Chiropractic Assistant Applicant"
means a person who is undergoing training to become a certified chiropractic
				  assistant.
"Certified Chiropractic Assistant examination"
means the testing procedures approved by the Board.
"Executive Director"
means the Executive
				  Director of the Board.
"Nonclinical"
means of a business nature
				  including, but not limited to, practice management, insurance information, and
				  computer information. It shall also mean the discussion of philosophy as it
				  relates to the performance of chiropractic.
"Supervisory chiropractic physician"
means the
				  chiropractic physician who employs or supervises the certified chiropractic
				  assistant.
Added at 30 Ok Reg 2130, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-1 - Oversight Authority

Current through Vol. 41, No. 20, July 1, 2024
The Board shall have practice oversight authority over
				  certified chiropractic assistants. No chiropractic assistant shall represent to
				  the public that he/she is a certified chiropractic assistant unless said
				  chiropractic assistant is certified by the Board.
Added at 30 Ok Reg 2130, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-2 - Application for certification

Current through Vol. 41, No. 20, July 1, 2024
(a) Chiropractic assistants seeking certified
				chiropractic assistant status shall complete and submit an application on a
				form provided by the Board. The application shall contain the signature of the
				applicant's supervisory chiropractic physician and be accompanied by a
				nonrefundable application fee. The applicant must complete the certification
				process and pass the certification examination as set forth in these rules
				within twelve (12) months of the date of application.
(b) If an applicant is approved by the
				Executive Director, the applicant shall be notified by the Executive Director
				of such approval and will thereafter be eligible to take the certified
				chiropractic assistant examination.
(c) If an applicant is disapproved, the
				applicant shall be notified by the Executive Director of such disapproval by
				the return of the application along with the reason(s) for disapproval being
				fully stated in writing.
(d) A
				fraudulent or false statement as to any material fact which is contained in any
				application for the certification, or failure to provide any requested
				information, shall constitute sufficient cause for the disapproval of the
				application.
(e) The certified
				chiropractic assistant shall display his/her certificate in an area for public
				view.
Added at 30 Ok Reg 2130, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-3 - Certified chiropractic assistant examination

Current through Vol. 41, No. 20, July 1, 2024
(a)
				If an application to become a certified chiropractic assistant is approved by
				the Executive Director pursuant to
				140:30-3-2,
				they must have taken a twelve (12) hour training course approved by the Board
				before taking the certified chiropractic assistant exam. The Board will review
				all training courses to ensure that they are sufficient in providing adequate
				and competent clinical training to the applicant. The applicant will have three
				(3) opportunities to pass the exam. If the exam is failed three times, the
				applicant will be required to take another (12) hour course before he or she
				can retake the exam.
(b) A
				nonrefundable examination fee will be charged each time an applicant takes the
				certified chiropractic assistant examination.
(c) In order to pass the certified
				chiropractic examination, the applicant must receive a score of seventy percent
				(70%) or higher.
(d) After
				certification, that certification will remain with the assistant even if the
				assistant leaves the employment of the supervisory chiropractic physician who
				employed the assistant at the time of certification.
(e) If an applicant has a minimum of two
				thousand (2000) hours of full time employment as a chiropractic assistant
				employed by a licensed Oklahoma chiropractic physician, that applicant will be
				exempt from obtaining the twelve (12) hours of training prior to taking the
				examination the first time as required in paragraph (a) of this section. If the
				applicant is unable to pass the examination after three attempts, the applicant
				must, at that time, successfully complete twelve (12) hours of training
				obtained at an educational program approved by the Board before taking the
				certified chiropractic assistant examination a fourth time.
(f) If the applicant has taken and
				successfully passed the requirements to be certified in the Certified
				Chiropractic Assistant Program with the Federation of Chiropractic Licensing
				Boards, he or she shall be exempt from having to take the required certified
				chiropractic assistant examination offered by the Board.
Added at 30 Ok Reg 2130, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-4 - Continuing education

Current through Vol. 41, No. 20, July 1, 2024
(a) Each certified
				chiropractic assistant shall complete 6 hours of continuing education every two
				(2) years beginning the year following certification by the Board. Continuing
				education may be obtained by attending training offered by an accredited
				chiropractic college, or other educational program which has been approved by
				the Board.
(b) The Board shall
				create and approve a form to be used by an accredited chiropractic college, or
				other educational program who desires to apply for approval to present
				continuing education for certified chiropractic assistants.
(c) The Board in its discretion, may refer
				the application to the Advisory Committee or the Executive Director for review
				and/or information gathering.
(d)
				The Board shall consider, among other relevant factors, the content of the
				program and the cost for a certified chiropractic assistant to attend the
				program.
(e) The training course
				shall consist of four (4) clinical hours and two (2) non-clinical hours of
				subject matter referred to in 3(a) of this Subchapter.
Added at 30 Ok Reg 2131, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-5 - Certification renewal

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Chiropractic assistant certifications shall be renewed within two years of,
				their original certification issuance.
(b) All certified chiropractic assistants
				must complete and submit a renewal form and a renewal fee along with
				verification of completion of approved continuing education by January 1 of the
				required recertification year.
(1) Failure to
				renew by January 1 will result in a penalty of twenty-five dollars ($25.00).
(2) Failure to renew by March 1
				will result in forfeiture of certification and the employee must reapply and
				complete all the requirements for initial certification.
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-6 - Responsibility of supervisory chiropractic physician

Current through Vol. 41, No. 20, July 1, 2024
(a) The supervisory chiropractic physician
				shall only delegate services to a certified chiropractic assistant, and other
				employees which services are within the scope of practice of the chiropractic
				physician. Such delegation may only be made in a manner consistent with the
				Chiropractic Practice Act or Rules.
(b) The supervisory chiropractic physician is
				responsible for all acts or omissions of a certified chiropractic assistant,
				and other employees to whom duties are delegated.
(c) The supervisory chiropractic physician
				shall ensure at all times that a certified chiropractic assistant, and other
				employees have the necessary skills and training required to competently
				perform all delegated services.
Added at 30 Ok Reg 2131, eff
					 8-25-13
Oklahoma Administrative Code › Title 140 - Board of Chiropractic Examiners › Chapter 30 - Certified Chiropractic Assistants › Subchapter 3 - Certified Chiropractic Assistant › Section 140:30-3-7 - Prohibited acts

Current through Vol. 41, No. 20, July 1, 2024
(a) Certified
				chiropractic assistants and other employees to whom duties are delegated by the
				supervisory physician shall not:
(1) Perform
				independent patient examinations
(2) Diagnose conditions
(3) Determine or change a regimen of patient
				care/plan case management
(4)
				Perform chiropractic manipulation or adjustments
(5) Perform Acupuncture
(6) Unlawfully disclose patient information
(7) Violate any portion of the
				Chiropractic Practice Act or Rules
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to prescribe the policies
				  and procedures to be followed in implementing 62 O.S. Supp. 1993, § 139.47
				  as amended by Enrolled Senate Bill No. 1091, signed into law by the Governor on
				  26 May 1994, delegated to the Oklahoma Department of Emergency Management
				  (OEM).
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-3 - Policy

Current through Vol. 41, No. 20, July 1, 2024
It is the policy of OEM to provide an orderly and continuing
				  means of assistance by the State government to eligible Applicants in carrying
				  out their responsibilities to alleviate the suffering and damage that result
				  from major disasters and emergencies by:
(1) Providing State assistance programs for
				public losses and needs sustained in disasters;
(2) Encouraging the development of
				comprehensive disaster preparedness and assistance plans, programs,
				capabilities, and organizations by the State and local governments;
(3) Achieving greater coordination and
				responsiveness of disaster preparedness and relief programs;
(4) Encouraging individuals and local
				governments to obtain insurance coverage and thereby reduce their dependence on
				governmental assistance; and
(5)
				Encouraging hazard mitigation measures, such as development of land-use and
				construction regulations, floodplain management, protection of wetlands, and
				environmental planning, to reduce losses from disasters.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-4 - Assistance by other State agencies

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				any declared major disaster, the Director may direct any State agency to
				utilize its authorities and the resources granted to it under State law
				(including personnel, equipment, supplies, facilities, and managerial,
				technical, and advisory services) to support local assistance
				efforts.
(b) In any declared
				emergency, the Director may direct any State agency to utilize its authorities
				and the resources granted to it under State law (including personnel,
				equipment, supplies, facilities, and managerial, technical, and advisory
				services) to support emergency efforts by local governments to:
(1) save lives;
(2) protect property, public health and
				safety; and
(3) lessen or avert the
				threat of a catastrophe.
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-5 - Nonliability

Current through Vol. 41, No. 20, July 1, 2024
The State Government shall not be liable for any claim based
				  upon the exercise or performance of, or the failure to exercise or perform a
				  discretionary function or duty on the part of a State agency or an employee of
				  the State Government in carrying out the provisions of the
				  Act.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-6 - Use of local firms and individuals

Current through Vol. 41, No. 20, July 1, 2024
In the expenditures of State funds for debris removal,
				  distribution of supplies, reconstruction, and other major disaster or emergency
				  assistance activities which may be carried out by contract or agreement ,
				  consistent with State and Federal procurement procedures, with private
				  organizations, firms, or individuals, preference shall be given, to the extent
				  feasible and practicable, to those organizations, firms, and individuals
				  residing or doing business primarily in the area affected by such major
				  disaster or emergency. This shall not be considered to restrict the use of
				  State resources in the provision of major disaster assistance under the Act.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-7 - Nondiscrimination in disaster assistance

Current through Vol. 41, No. 20, July 1, 2024
(a)
				State financial assistance to eligible Applicants in this Act is conditioned on
				full compliance with 44 CFR part 7 Nondiscrimination in Federally-Assisted
				Programs.
(b) All personnel
				carrying out State major disaster or emergency assistance functions, including
				the distribution of supplies, the processing of the applications, and other
				relief and assistance activities, shall perform their work in an equitable and
				impartial manner, without discrimination on the grounds of race, color,
				religion, nationality, sex, age, or economic status.
(c) As a condition of participation in the
				distribution of assistance or supplies under the Act, or a receiving assistance
				under the Act, government bodies and other organizations shall provide a
				written assurance of their intent to comply with regulations relating to
				nondiscrimination.
(d) The State
				Agency shall make available to employees, applicants, participants,
				beneficiaries, and other interested parties such information regarding the
				provisions of this chapter and its applicability to the programs or activities
				conducted by the State Agency , and make such information available to them in
				such manner as the head of the agency finds necessary to apprise such persons
				of the protections against discrimination assured them by the Act and this
				chapter.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-8 - Standards and reviews

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director
				shall establish program standards and assess the efficiency and effectiveness
				of programs administered under the Act by conducting annual reviews of the
				activities of State agencies and the eligible Applicant(s) involved in a major
				disaster or emergency response efforts.
(b) In carrying out this provision, the
				Director may direct State agencies to submit reports relating to their disaster
				assistance activities. The Director may request similar reports relating to
				these activities on the part of the eligible Applicant(s). Additionally, the
				Director may conduct independent investigations, studies, and evaluations as
				necessary to complete the reviews.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-9 - Criminal and civil penalties

Current through Vol. 41, No. 20, July 1, 2024
(a)
Misuse of funds.
Any eligible Applicant that knowingly misapplies
				the proceeds of cash benefit obtained under the Act may be fined an amount
				equal to one and one-half times the misapplied amount of the proceeds or cash
				benefit.
(b)
Civil
				enforcement.
Whenever it appears that any eligible Applicant has
				violated or is about to violate any provision of the Act, including any civil
				penalty imposed under the Act, the Attorney General may bring a civil action
				for such relief as may be appropriate. Such action may be brought in an
				appropriate district court.
(c)
Referral to Attorney General.
The Director shall expeditiously
				refer to the Attorney General for appropriate action any evidence developed in
				the performance of functions under the Act that may warrant consideration for
				criminal prosecution.
(d)
Civil penalty.
Any eligible Applicant that knowingly violates any
				order or regulation issued under the Act may be subject to a civil penalty of
				not more than $5,000 for each violation.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-10 - Recovery of assistance

Current through Vol. 41, No. 20, July 1, 2024
Any eligible Applicant that intentionally causes a condition
				  for which State assistance is provided under the Act or under any other law as
				  a result of a declaration of major disaster or emergency under the Act shall be
				  liable to the State for the reasonable costs incurred by the State in
				  responding to such disaster or emergency to the extent that such costs are
				  attributable to the intentional act or omission of such Applicant which caused
				  such condition. Such action shall be brought in an appropriate District Court.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 1 - General › Section 145:10-1-11 - Audit and investigations

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Director shall conduct fiscal reviews and investigations as necessary to assure
				compliance with the Act, and in connection therewith may question such persons
				as may be necessary to carry out such audits and investigations.
(b) For purposes of audits and investigations
				under this section, OEM or State auditors, the Governor's Authorized
				Representative, the Director or their duly authorized representatives, may
				inspect any books, documents, papers, and records of any person relating to any
				activity undertaken or funded under the Act.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is the describe the process
				  leading to a Gubernatorial declaration of major disaster or an emergency and
				  the actions triggered by such a declaration.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
All definitions in
				  145:10-1-2 apply to
				  this Subchapter. In addition, the following words or terms, when used in this
				  Subchapter, shall have the following meaning, unless the context clearly
				  indicates otherwise:
"Appeal"
means a request for reconsideration of
				  a determination on any action related to State assistance. Specific procedures
				  for appeals are contained in the relevant subchapters of this chapter.
"Incident"
means any condition which meets the
				  definition of major disaster or emergency as set forth in
				  145:10-1-2 which
				  causes damage or hardship that may result in a Gubernatorial declaration of a
				  major disaster or an emergency.
"Incident period"
means the time interval during
				  which the disaster-causing incident occurs. No State assistance under the Act
				  shall be approved unless the damage or hardship to be alleviated resulted from
				  the disaster-causing incident which took place during the incident period or
				  was in anticipation of that incident period. The incident period will be
				  established by OEM.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-3 - Preliminary damage assessment

Current through Vol. 41, No. 20, July 1, 2024
The preliminary damage assessment (PDA) process is a
				  mechanism used to determine the impact and magnitude of damage and the
				  resulting unmet needs of the public sector, and the community as a whole. It is
				  in the best interest of all parties to combine State and local personnel
				  resources by performing a joint PDA prior to the initiation of a request, as
				  follows:
(1)
Preassessment by
				the State.
When an incident occurs, or is imminent, which the State
				official responsible for disaster operations determines may be beyond the
				eligible Applicant(s)capabilities to respond, the State will perform a joint
				PDA with the eligible Applicant .
(2)
Damage assessment teams.
Damage assessment teams will be composed of at least one representative of the
				eligible Applicant and one representative of the State. Other State agencies,
				may also be asked to participate, as needed. It is the State's responsibility
				to coordinate the PDA and to ensure that the participants receive timely
				notification concerning the schedule. An OEM official will brief team members
				on damage criteria, the kind of information to be collected for the particular
				incident, and reporting requirements.
(3)
Review of findings.
At the
				close of the PDA, OEM will consult with the eligible Applicant to discuss
				findings and reconcile any differences.
(4)
Exceptions.
The requirements
				for a joint PDA may be waived for those incidents of unusual severity and
				magnitude that do not require field damage assessments to determine the need
				for supplemental State assistance under the Act, or in such other instances
				determined by the Director upon consultation with the eligible Applicant. It
				may be necessary, however, to conduct an assessment to determine unmet needs
				for managerial response purposes.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-4 - Requests for emergency declarations

Current through Vol. 41, No. 20, July 1, 2024
(a) When an incident occurs or threatens to
				occur in the State, which would not qualify under the definition of a major
				disaster, the eligible Applicant's highest elected official, or his/her
				representative in his/her absence, may request that the Governor declare an
				emergency. The eligible Applicant's highest elected official should submit the
				request to the Governor through the Director to ensure prompt acknowledgment
				and processing.
(b) The basis for
				the eligible Applicant's highest elected officials request must be the finding
				that the situation:
(1) Is of such severity
				and magnitude that effective response is beyond the capability of the eligible
				Applicant(s) and
(2) Requires
				supplementary State emergency assistance to save lives and to protect property,
				public health and safety, or to lessen or avert the threat of a disaster.
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-5 - Requests for major disaster declarations

Current through Vol. 41, No. 20, July 1, 2024
(a) When a incident occurs in the State, the
				eligible Applicant's highest elected official of the affected jurisdiction or
				his/her representative may request a major disaster declaration. The eligible
				Applicant's highest elected official should submit the request to the Governor
				through the Director to ensure prompt acknowledgment and processing.
(b) This basis for the request shall be a
				finding that:
(1) The situation is of such
				severity and magnitude that effective response is beyond the capabilities of
				the eligible Applicant(s); and
(2)
				State assistance under the Act is necessary to supplement the efforts and
				available resources of the eligible Applicant(s), and compensation by insurance
				for disaster-related losses.
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-6 - Processing requests for declarations of a major disaster or emergency

Current through Vol. 41, No. 20, July 1, 2024
(a)
Acknowledgment.
The Director
				shall provide written acknowledgment of the eligible Applicant's request.
(b)
OEM
				recommendation.
Based on all available information, the Director shall
				formulate a recommendation which shall be forwarded to the Governor or his/her
				representative with the eligible Applicant's request.
(1)
Major disaster
				recommendation.
The major disaster recommendation will be based on a
				finding that the situation is or is not of such severity and magnitude as to be
				beyond the capabilities of the eligible Applicant(s). It will also contain a
				determination of whether or not supplemental State assistance under the Act is
				necessary and appropriate. In developing a recommendation, OEM will consider
				such factors as:
(A) the amount and type of
				damages:
(B) the impact of
				damages;
(C) the availability of
				resources;
(D) the extent and type
				of insurance in effect to cover losses;
(E) assistance available from other State
				programs and other sources;
(F)
				imminent threats to public health and safety;
(G) recent disaster history in the State;
(H) hazard mitigation measures
				taken by the State or the eligible Applicant(s), especially implementation of
				measures required as a result of previous major disaster declarations; and
(I) other factors pertinent to a
				given incident.
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-7 - Gubernatorial determination

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				eligible Applicant's request for a major disaster declaration may result in
				either a Governor's declaration of a major disaster or denial of the request.
(b) The eligible Applicant's
				request for an emergency declaration may result in either a Governor's
				declaration of an emergency or denial of the request.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-8 - Notification

Current through Vol. 41, No. 20, July 1, 2024
(a) The eligible Applicant's highest elected
				official will be promptly notified by the Director or his/her designee of a
				declaration by the Governor that an emergency or a major disaster exists. OEM
				also will notify other state agencies and other interested parties.
(b) The eligible Applicant's highest elected
				official will be promptly notified by the Director or his/her designee of a
				determination that the request does not justify the use of the authorities of
				the Act.
(c) Following a major
				disaster or emergency declaration, the Director will promptly notify the
				eligible Applicant's highest elected official of the designations of assistance
				and areas eligible for such assistance.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-9 - Designation of affected areas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Areas eligible to receive assistance.
The Director has been
				delegated authority to designate areas eligible for supplementary State
				assistance under the Act.
(b)
Requests for additional designations after a declaration.
After a
				declaration by the Governor, requests that additional areas or types of
				supplementary State assistance may be authorized by the Director. Such requests
				shall be accompanied by appropriate verified assessments and commitments by
				eligible Applicant(s) to demonstrate that the requested designations are
				justified and that the unmet needs are beyond local capabilities without
				supplementary State assistance.
(c)
Time limits to request.
In
				order to be considered, all supplemental requests under subsection (b) of this
				section must be submitted within 30 days from the termination date of the
				incident period. The 30-day period may be extended by the Director provided
				that a written request is made by the eligible Applicant's highest elected
				official during this 30-day period. The request must include justification of
				the local's inability to meet the deadline.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-10 - Appointment of disaster officials

Current through Vol. 41, No. 20, July 1, 2024
(a)
State Coordinating Officer.
Upon a declaration of a major disaster
				or of an emergency, the Governor shall designate a State Coordinating Officer
				(SCO) who shall coordinate all State assistance.
(b)
Governor's Authorized
				Representative.
The Governor shall designate the Governor's Authorized
				Representative (GAR), who shall administer disaster assistance programs on
				behalf of the Governor. The GAR is responsible for the State and local
				compliance.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-11 - Responsibilities of coordinating officers

Current through Vol. 41, No. 20, July 1, 2024
Following a declaration of a major disaster or an emergency,
				  the SCO shall:
(1) Make an initial
				appraisal of the types of assistance most urgently needed;
(2) Establish field offices as necessary to
				coordinate and monitor assistance programs and disseminate information.
(3) Coordinate the administration
				of relief.
(4) Undertake
				appropriate action to make certain that all of the State agencies are carrying
				out their appropriate disaster assistance roles under their own legislative
				authorities and operational policies; and
(5) Take other action, consistent with the
				provisions of the Act, as necessary to assist citizens and public officials in
				promptly obtaining assistance to which they are entitled.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-12 - Emergency support teams

Current through Vol. 41, No. 20, July 1, 2024
The State Coordinating Officer may activate emergency
				  support teams, composed of State program and support personnel, to be deployed
				  into an area affected by a major disaster or emergency. These emergency support
				  teams assist the SCO in carrying out his/her responsibilities. Any State Agency
				  can be directed to detail personnel within the agency's administrative
				  jurisdiction to temporary duty with SCO approval. Each detail shall be without
				  loss of seniority, pay, or other employee status.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 3 - The Declaration Process › Section 145:10-3-13 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Denial of declaration
				request.
When a request for a major disaster declaration or for any
				emergency declaration is denied, the eligible Applicant's highest elected
				officialmay appeal the decision. An appeal must be made within 30 days after
				the date of the letter denying the request. This one-time request for
				reconsideration, along with appropriate additional information, is submitted to
				the Governor through the Director.
(b)
Extension of time to appeal.
The 30-day period referred to in subsection (a) of this section may be extended
				by the Director provided that a written request for such an extension, citing
				reasons for the delay, is made during this 30-day period, and if the Director
				agrees that there is a legitimate basis for extension of the 30-day period.
				Only the eligible Applicant's highest elected official may request a time
				extension for appeals covered in subsection (a) of this section.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 5 - Public Assistance Project Administration › Section 145:10-5-1 - General

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This subchapter
				establishes procedures for the administration of Public Assistance grants
				approved under the provisions of the Act.
(b)
Policy.
It is a requirement
				of the Act that, in the administration of the Public Assistance Program,
				eligible assistance be delivered as expeditiously as possible consistent with
				State laws and regulations.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95
Oklahoma Administrative Code › Title 145 - Oklahoma Department of Emergency Management › Chapter 10 - Gubernatorial Declarations for Disaster Assistance › Subchapter 5 - Public Assistance Project Administration › Section 145:10-5-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
" Eligible Applicant"
means an incorporated
				  city, town or county submitting an application for assistance under the State's
				  grant.
"Emergency work"
means that work which must be
				  done immediately to save lives and to protect improved property and public
				  health and safety, or to avert or lessen the threat of a major disaster.
"Facility"
means any publicly owned building,
				  works, system, or equipment, built or manufactured, or an improved and
				  maintained natural feature. Land used for agricultural purposes is not a
				  facility.
"Grant"
means an award of financial assistance.
				  The grant award shall be based on the total eligible State share of all
				  approved projects.
"Grantee"
means the eligible Applicantto which a
				  grant is awarded which is accountable for the use of the funds provided.
"Hazard mitigation"
means any cost effective
				  measure which will reduce the potential for damage to a facility from a
				  disaster event.
"Permanent work"
means that restorative work
				  that must be performed through repairs or replacement, to restore and eligible
				  facility on the basis of its predisaster design and current applicable
				  standards.
"Predisaster design"
means the size or capacity
				  of a facility as originally designed and constructed or subsequently modified
				  by changes or additions to the original design. It does not mean the capacity
				  at which the facility was being used at the time the major disaster occurred if
				  different from the most recent designed capacity.
"Project Worksheet (PW)
" means an OEM document
				  capturingall work performed at a single or multiple sites and eligible for
				  assistance under this Act.
"Project Worksheet
approval" means the process
				  where the Director signs an approval of work and costs on a PW. Such approval
				  is also an obligation of funds to the Grantee.
Added at 11 Ok Reg 4611,
				  eff 8-26-94 (emergency); Added at 12 Ok Reg 3320, eff
				  8-11-95