reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-3 - Request for an application packet

Current through Vol. 41, No. 20, July 1, 2024
(a) Any eligible person may request an
				application packet for a handgun license from the OSBI. To determine
				eligibility see Title 21 O. S. 1995, Sections
				1290.9
				through
				1290.11.
(b) An application may be requested by phone,
				in person by e-mailing sda@osbi.state.ok.us or by regular mail, postage
				prepaid, at the following address: Oklahoma State Bureau of Investigation, Self
				Defense Act Licensing Unit, 6600 North Harvey, Suite 300, Oklahoma City,
				Oklahoma 73116. The application and law book are also available for download on
				the OSBI website at www.ok.gov/osbi.
(1) An
				application packet may be requested in person between the hours of 8:30 a.m.
				and 4:30 p.m. Monday through Friday (excluding state holidays). In the event
				the OSBI is unable to furnish an application packet immediately, the person
				requesting an application packet shall provide his or her mailing
				address.
(2) A request for an
				application packet which is delivered by mail must include the mailing address
				of the person requesting the packet.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-4 - Submission of application form

Current through Vol. 41, No. 20, July 1, 2024
(a) The application shall be submitted to the
				sheriff of the county wherein the applicant resides. The procedure for
				submitting the application is found in Title 21 O.S. 1995, Section
				1290.12.
				It shall be unlawful for any sheriff to fail or refuse to accept an application
				for a handgun license.
(b) The
				sheriff shall submit the completed application, certificate of training (see
				Title 21 O.S. 1995, Section
				1290.14
				) or an exemption certificate (see Title 21 O.S.1995, Section
				1290.15
				), photographs, fingerprints, processing fee, and the report prepared by the
				sheriff to the OSBI within 14 days of receiving the completed application. It
				shall be unlawful for any sheriff to fail or refuse to process or submit the
				completed application and required materials to the OSBI within the time
				prescribed. These materials shall be returned to the OSBI in the
				self-addressed, postage paid envelope provided.
Added at 13 Ok Reg 833, eff 11-16-95 (emergency); Added at
					 13 Ok Reg 3015, eff 7-11-96; Amended at 30 Ok Reg 1805, eff
					 8-1-13
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-4.1 - Withdrawal of application

Current through Vol. 41, No. 20, July 1, 2024
An application for a concealed handgun license may be
				  withdrawn by an applicant at any time prior to the issuance of the license or
				  letter denying the license. Provided, however, that all fingerprint and
				  processing fees are nonrefundable even if an application is withdrawn. The OSBI
				  will retain on file the original application form and other pertinent
				  information on the applicant.
Added at 14 Ok Reg 3476,
				  eff 8-11-97
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-5 - Investigation of license applications and issuance or denial of license

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of
				the application and required materials from the sheriff, the OSBI shall confirm
				that the application form has been filled out properly. If the form has been
				properly filled out, the OSBI shall conduct its investigation pursuant to Title
				21 O.S. 1995, Section
				1290.12
				(10-11).
(b) Issuance or denial of
				license shall be pursuant to Title 21 O.S. 1995, Section
				1290.12(12).
(1) A license shall be valid in this state
				for a period of 5 or 10 years, unless subsequently suspended or revoked as
				provided by law.
(2) Once issued a
				license, the licensee shall be required to have possession of his or her valid
				handgun license and a valid driver license or a State photo identification at
				all times when in possession of an authorized pistol. See Title 21 O.S. 1995,
				Section
				1290.8.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-5.1 - Failure to properly complete SDA application

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications which have been denied by
				OSBI prior to August 1, 1996, for failure to properly complete the application
				as required by Title 21 O. S. §
									1290.12(12)
				will be reviewed by the OSBI. If the applicant is otherwise qualified, and the
				information omitted is criminal history information only and does not otherwise
				preclude the applicant from licensure under the SDA, the OSBI will issue the
				license in the normal course of business.
(b) Applications which are incomplete and are
				processed by the OSBI on and after August 1, 1996, will be reviewed by OSBI,
				and a license will be issued after the OSBI receives the omitted information
				from the applicant or from official government sources, and after the OSBI
				determines the omitted information would not preclude the issuing of the
				license and the applicant is otherwise qualified. OSBI may require the
				applicant to complete an amendment page for the application to make the
				application complete and accurate. Failure by the applicant to provide OSBI
				with the completed amendment page within OSBI statutory time limits for
				application processing will result in denial of the application.
(c) This rule shall not relieve the applicant
				of the licensure preclusion created by Title O. S. §1290.10(4) if the
				applicant makes a false or misleading statement on the application.
Added at 13 Ok Reg 4069,
				  eff 9-18-96 (emergency); Added at 14 Ok Reg 1837, eff
				  5-27-97
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-5.2 - Physician statement

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Whenever it is deemed necessary by the OSBI that a physician statement(s) is
				required for approval of a handgun application pursuant to Section 1290.11 of
				the Oklahoma Self-Defense Act, said statement shall contain:
(1) The physician's license number assigned
				by an official State of Oklahoma licensing board;
(2) A notarized certification attesting to
				the authenticity of the physician's signature on the said statement;
				and,
(3) Any specifically required
				statutory language as contained in Section 1290.11 of the Oklahoma Self-Defense
				Act.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-6 - Application for firearms instructors [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 833,
				  eff 11-16-95 through 7-14-96 (emergency)
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-96 (after the 7-14-96 expiration of the emergency action), the text of
				  375:251-6 was no longer effective. For the official text of the emergency rule
				  that was in effect from 11-16-95 through 7-14-96, see 13 Ok Reg
				  833.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-7 - Application for renewal of handgun license

Current through Vol. 41, No. 20, July 1, 2024
(a) A license may be renewed in the manner
				provided for in Title 21 O.S. 1995, Section
				1290.5.
(b) No person shall have any authority to
				continue to carry a handgun under the authority of the Oklahoma Self Defense
				Act in this state when a license is allowed to expire or when a license has
				been suspended or revoked for any reason.
Added at 13 Ok Reg 833, eff 11-16-95 (emergency); Added at
					 13 Ok Reg 3015, eff 7-11-96; Amended at 26 Ok Reg 1680, eff 6-26-09; Amended at
					 30 Ok Reg 1806, eff 8-1-13
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-8 - Issuance of replacement or updated licenses

Current through Vol. 41, No. 20, July 1, 2024
In the event a person needs a replacement or updated license
				  the procedures and costs are listed in Title 21 O.S. 1995, Section
				  1290.21.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-9 - Suspension and revocation of license

Current through Vol. 41, No. 20, July 1, 2024
(a) The OSBI shall have the authority to
				suspend or revoke any handgun license. Any handgun license suspended or revoked
				shall be immediately returned to the OSBI by the licensee. See Title 21 O. S.,
				Section 1290 . 17 for provisions.
(b) A licensee who changes state residency to
				a state other then Oklahoma, or who simply no longer desires to have a
				Self-Defense Act license may voluntarily surrender their license to the OSBI.
				The surrender of a license may be accomplished in person or by mail. The
				individual surrendering a license, whether in person or by mail, must provide
				to OSBI a letter stating that the individual is voluntarily surrendering the
				license to the OSBI and is voluntarily forfeiting all fees paid to date. The
				letter shall be dated and signed by the licensee and the license being
				surrendered shall be enclosed with the letter to the OSBI. The surrender of a
				license by an individual shall not be deemed an agency action and the
				individual surrendering the license shall be deemed to have waived any claim to
				appeal pursuant to the Administrative Procedures Act. A licensee who has an
				administrative case pending for a fine may not surrender the license to avoid
				incurring liability for the fine.
Added at 13 Ok Reg 833, eff 11-16-95 (emergency); Added at
					 13 Ok Reg 3015, eff 7-11-96; Amended at 16 Ok Reg 3326, eff 7-26-99, Amended at
					 30 Ok Reg 1806, eff 8-1-13
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 1 - Application for Concealed Handgun License › Section 375:25-1-10 - Deposit of application fees

Current through Vol. 41, No. 20, July 1, 2024
All money submitted by sheriffs to the OSBI as processing
				  fees for license applications shall be deposited into the OSBI Revolving
				  Fund.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter have been adopted for the
				  purpose of complying with the relevant provisions of 75 O.S. Sections
				  250 et
				  seq. (The Oklahoma Administrative Procedures Act) and 21 O.S. Sections
				  1290.1 et
				  seq. (The Oklahoma Self-Defense Act). The rules contained in this subchapter
				  outline the procedures for conducting administrative hearings under the
				  Oklahoma Self-Defense Act.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-2 - Scope of rules

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter apply to all administrative
				  hearings conducted by the OSBI as required by Title 21 O. S. 1995, Sections
				  1290.1 et
				  seq. (The Oklahoma Self-Defense Act). Administrative hearings shall be
				  conducted upon:
(1) The suspension or
				revocation of a handgun license, or the assessment of an administrative fine,
				as provided in the Oklahoma Self-Defense Act; and
(2) The filing of an appeal by an applicant
				for a handgun license whose application has been denied.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 15
				  Ok Reg 3243, eff 7-13-98
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-3 - General rules regarding hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) In any case where a procedure
				inconsistent with this chapter is required by statute, the statute shall govern
				to the extent of such inconsistency.
(b) Hearings may be afforded persons not
				otherwise qualified under these rules, at the discretion of the
				Director.
(c) Unless a hearing is
				required by statute, any person entitled to a hearing must demand the hearing
				in writing and in compliance with this chapter.
(d) A person is not entitled to a hearing
				when the action taken by the OSBI is made mandatory by law or when the person
				has previously been afforded an opportunity with notice for hearing.
(e) Every party shall have the right to
				present his or her case or defense by oral or documentary evidence, to submit
				evidence in rebuttal and to conduct such cross-examination as may be required
				for a full and true disclosure of the facts. The hearing examiner may limit
				cross examination which is cumulative, repetitive, or interfered with the
				conduct of the hearing.
(f) When
				two (2) or more hearings are to be held, and the same or substantially similar
				evidence is relevant and material to the matters in issue at each hearing, the
				examiner may fix the same time and place for each hearing and conduct the
				hearings jointly. Where joint hearings are held, a single record of the
				proceedings may be made; the evidence introduced in one case may be considered
				as introduced in the other, and a separate or joint decision may be made as
				appropriate.
(g) Where the OSBI is
				not represented by counsel as an advocate, it shall be the duty of the hearing
				examiner to neutrally inquire into each material and essential element which
				the OSBI is obligated to prove, by questions of the witnesses.
(h) Hearing examiners may take judicial
				notice of any relevant document which is a record of the OSBI, or which has
				been received by the OSBI in the usual and ordinary course of
				business.
(i) Continuances may be
				allowed at the discretion of the hearing examiner.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-4 - Time and place of hearing

Current through Vol. 41, No. 20, July 1, 2024
The Director or the Director's designee shall set the time
				  and location of the hearing. The time and location shall be stated in the
				  hearing notice sent to the appropriate party or the party's
				  attorney.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-4.1 - Location of hearings/security measures [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 17 Ok Reg 152,
				  eff 6-7-99 through 7-14-00
				  (emergency)1
1This emergency action expired
				  without being superseded by a permanent action. Upon expiration of an emergency
				  action enacting a new Section, the Section is no longer effective. Therefore,
				  on 7-15-00 (after the 7-14-00 expiration of the emergency action), the text of
				  375:25-3-4.1 was no longer effective. For the official text of the emergency
				  rule that was in effect from 6-7-99 through 7-14-00, see 17 Ok Reg
				  153.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-5 - Withdrawal of hearing request or dismissal of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) With the approval of the hearing
				examiner, at any time prior to the mailing of notice of decision, a demand for
				a hearing may be withdrawn by the party or parties filing the demand for
				hearing.
(b) A party may request
				withdrawal by filing a written notice with the examiner or orally stating the
				request at the hearing. The hearing examiner may request written notice for the
				file.
(c) A party may be deemed to
				have abandoned a demand for hearing if the party fails to timely appear at the
				place fixed for hearing, and prior to the time for hearing, the party has not
				shown good cause why he or she cannot appear. The hearing examiner may enter an
				order of default judgment.
(d) The
				hearing examiner may, on his or her own motion, dismiss a hearing demand,
				either entirely or as to any stated issue, under any of the following
				circumstances:
(1) Where the doctrine of res
				judicata is applicable because of a final decision either by the OSBI or by
				judicial affirmance.
(2) Where the
				party demanding a hearing is not a proper party or does not otherwise have a
				right to a hearing. This would include, but is not limited to, cases in which
				an individual has been convicted of an offense following which revocation of
				the license is mandatory under an applicable statute.
(3) Where the party has failed to file a
				timely hearing demand.
(4) Where
				the hearing examiner, in his or her opinion, finds that a petition filed in any
				proceeding does not raise a question of fact or the claim or appeal is
				frivolous.
(5) As a sanction for
				disrespectful conduct, or any conduct which interferes with the hearing
				examiner's ability to conduct a hearing.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-6 - Effect of dismissal

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Notice of dismissal by the hearing examiner may be hand delivered to the
				parties or mailed to them at their last known address.
(b) The dismissal of a demand for hearing is
				final and binding unless vacated.
(c) The action of dismissal may be in the
				form of an order by the examiner which may contain a statement of facts and the
				reason for the dismissal. No such order shall be necessary where all parties
				have filed an application for dismissal in writing.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-7 - Initiation of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				notice of a violation requiring the suspension or revocation of a handgun
				license, or the assessment of an administrative fine, as provided in the
				Oklahoma Self-Defense Act, the General Counsel shall cause the filing of the
				initial Pleading in the case which shall be entitled
NOTICE OF HEARING ON
				THE MERITS:
the caption of the Notice requesting the hearing as
				petitioner. The Notice shall provide the petitioner with reasonable notice of
				the time and place of the hearing, and the matter to be considered at that
				time.
(b) An applicant or licensee
				who is entitled to a hearing before the OSBI under the terms of the Oklahoma
				Self-Defense Act may file a demand for hearing, except when such hearing is
				automatic as an operation of law or these rules. The request shall include a
				brief statement stating the petitioner's position. The General Counsel shall
				file a response.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-8 - Hearing examiners

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				appointed hearing examiners may have the following powers, in addition to any
				other powers specified in this chapter or by law:
(1) To give notice concerning reviews and
				hearings;
(2) To administer oaths
				and affirmations;
(3) To summon
				witnesses;
(4) To examine witnesses
				and take testimony;
(5) To issue
				subpoenas, to take depositions, or cause depositions or interrogatories to be
				taken;
(6) To rule upon offers of
				proof and to receive relevant evidence;
(7) To hold conferences, before or during a
				hearing, for the settlement or simplification of issues;
(8) To rule on motions and to dispose of
				procedural requests or similar matters;
(9) To make initial or final decisions as
				provided herein or by law; and
(10)
				To take any other action authorized by this chapter, The Administrative
				Procedures Act (75 O.S. Section
				250 et
				seq.), or by any other applicable statute or rule.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-9 - Representation and participation

Current through Vol. 41, No. 20, July 1, 2024
(a) A party to a proceeding may be self
				represented or may be represented by an attorney. The OSBI shall be represented
				by its General Counsel. Hearings shall be open to the public. However, when it
				is deemed necessary to maintain order, fairness, or decorum, the hearing
				examiner may limit attendance and may impose reasonable conditions to protect
				the hearing process.
(b) Where the
				respondent fails without good cause to procure legal representation or
				witnesses by the time of the hearing a continuance shall not be
				granted.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-10 - Pleadings

Current through Vol. 41, No. 20, July 1, 2024
(a) As used in these
				Rules, "to file" means personal or certified mail delivery of the document to
				the OSBI. To file personally or by certified mail shall be done at the
				following address: Oklahoma State Bureau of Investigation, Self Defense Act
				Licensing Unit, 6600 North Harvey, Suite 300, Oklahoma City, Oklahoma 73116.
				Upon receipt of the documents presented in person or by mail for filing, a
				person designated by the Director shall file-stamp the document received on the
				date of receipt and shall retain the original document so filed.
(b) Subsequent pleadings shall be captioned
				identically as the initiating document, signed by the party or his or her duly
				authorized representative, and filed in a timely manner; a party filing
				subsequent pleadings shall mail a copy of each document so filed to all parties
				by regular mail or by hand delivery, and certify such act.
(1)
Replies and Responses
to
				pleadings are permitted at the discretion of the hearing examiner.
(2)
Motions
filed seven (7) days
				prior to the hearing on the merits may be specially set for hearing if not
				heard at a pretrial conference unless the movant submits a Notice of
				Hearing.
(3)
Legal
				Briefs
may be required by the hearing examiner upon his or her own
				motion or upon the motion of any party, or may be voluntarily submitted by
				counsel. The hearing examiner may limit the length of any brief he or she
				requests.
(4)
Amendments
to the pleadings may be made orally on the record in a
				case and noted in the report of the hearing examiner where justice and
				expediency are served; otherwise, an amended document may be filed in the case
				and treated as the original document amended. No amendment shall be permitted
				which alters the original caption in any manner.
(5)
Dismissal
of a case is
				accomplished by the filing of the appropriate document. Any dismissal shall set
				forth the status of the case and state whether the matter is dismissed with or
				without prejudice. The petitioner may at any time prior to the opening of the
				record dismiss the action. Such dismissal shall be signed by the OSBI General
				Counsel. After the record in any case has been opened, and pursuant to
				successful argument of a motion to dismiss, the hearing examiner may dismiss
				the case with or without prejudice. The prevailing party shall submit an order
				dismissing the case for the signature of the hearing examiner and the OSBI
				General Counsel.
(6)
Intervention, Joinder and Consolidation of Parties or Proceedings
may be accomplished by motion of any person interested in the subject matter of
				the case.
(7)
Appeals
from orders of the hearing examiner to State courts must be taken within thirty
				(30) days after the appellant is notified of the examiner's order.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-11 - Conduct of hearings

Current through Vol. 41, No. 20, July 1, 2024
Hearings before the hearing examiner shall be conducted under
				  the following procedures:
(1) The
				OSBI's General Counsel shall issue a brief statement of fact outlining the
				reason for denial of the licensee or the alleged violation on the part of the
				licensee.
(2) The applicant or
				licensee, or the attorney for the applicant or licensee, shall be given an
				opportunity to state his or her position.
(3) Any pleading or other documents which
				either party may wish to have filed may be presented.
(4) The evidenced supporting the issuance of
				the citation or the denial of the application for a license shall be first
				presented, at the conclusion of which the applicant or licensee, or his or her
				attorney, may present evidence in support or his or her previously stated
				position.
(5) Both parties, in
				presenting testimony, shall stay within the rules of evidence as defined by
				Oklahoma law and court decisions. The parties may make objections and the
				hearing examiner will rule on them.
(6) Arguments shall then be permitted by the
				hearing examiner and, if the hearing is concluded, the hearing examiner shall
				announce his or her decision, or that a decision will be reached at a later
				time, not to exceed fifteen (15) days from the date of the hearing, unless both
				parties agree in writing that such decision may be delayed.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 16
				  Ok Reg 3326, eff 7-26-99
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-12 - Decision of hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) The decision of the hearing examiner
				shall include a statement of findings of fact and conclusions of law.
(b) Copies of the decision shall be sent by
				certified mail, return receipt requested, to each party of record, or his or
				her attorney of record within fifteen (15) days from the date of the hearing,
				unless both parties agree in writing that such decision may be
				delayed.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-13 - Witnesses and penalty for false statements

Current through Vol. 41, No. 20, July 1, 2024
The hearing examiner may require the parties to indicate the
				  persons they expect to call as witnesses. The testimony of witnesses shall be
				  made under oath or affirmation, and the making of false statements may subject
				  a witness to penalties of perjury. Parties and witnesses shall appear at the
				  appointed time and place of the hearing and shall be present in the hearing
				  chamber where they shall remain unless and until the rule of sequestration is
				  invoked.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-14 - Evidence, official notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Incompetent, irrelevant, immaterial or unduly repetitive evidence may be
				excluded by the hearing examiner. The rules of evidence as applied in nonjury
				civil cases in Oklahoma state courts shall be followed except where it is
				necessary to ascertain facts not reasonably susceptible of proof under those
				rules. In such event, evidence not admissible thereunder may be admitted,
				unless precluded by statute if it is of a type commonly relied upon by
				reasonably prudent persons in the conduct of their affairs. The hearing officer
				may allow hearsay evidence when pertinent and where allowed by
				statute.
(b) The hearing examiner
				may, upon the request of any party or upon his or her own motion, take official
				notice of matters which judges of the state courts of Oklahoma can judicially
				notice and of facts within his or her own personal knowledge or within the
				specialized knowledge or expertise of the OSBI. Such official notice must state
				upon the record sufficient information to enable the hearing examiner to comply
				with the request.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 16
				  Ok Reg 3326, eff 7-26-99
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-15 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings may be
				recorded. A party may have a court reporter present when he or she has made
				arrangements regarding the court reporter's attendance and cost for the
				reporter's service.
(b) Costs for
				transcripts of the record or of any portion thereof shall be borne by the party
				or parties requesting the transcript.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-16 - Order issuing from a hearing on the merits

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to the hearing on the merits in
				any case, the hearing examiner shall timely prepare and file with the Director
				his or her decision, containing findings of fact, conclusions of law, and the
				disposition of the case.
(b) The
				decision of the hearing examiner constitutes the final disposition of the case.
				The decision is not subject to an administrative appeal, and shall become final
				if not appealed to a State court within thirty (30) days of receipt.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-17 - Default judgement

Current through Vol. 41, No. 20, July 1, 2024
Where it is proved upon the record that a respondent licensee
				  has been provided legally adequate notice of the action pending against him or
				  her, and where the respondent fails to appear at the hearing on the merits or
				  any subsequent proceeding, all allegations asserted by the OSBI not disproved
				  by the respondent shall be entered against the respondent, assessing the
				  penalty allowed by law under the circumstances.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-18 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
In computing the period of time prescribed or allowed by this
				  subchapter, by notice, order, rule of the OSBI or by statute, the period shall
				  begin to run on the day after the act, event, or default identified and shall
				  conclude on the last day of such computed period, unless it be a Saturday,
				  Sunday, or state holiday, in which event, the period runs until the end of the
				  next day which is neither a Saturday, Sunday, or state
				  holiday.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-19 - Extension of time

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				time for doing any act prescribed or allowed under these Rules may be extended
				by the hearing examiner upon written motion filed prior to the expiration of
				the applicable period of time. The motion shall state good cause for such
				extension of time.
(b) A respondent
				must seek and obtain a continuance after receiving the Notice of Hearing on the
				Merits form the OSBI, if the date of hearing is inconvenient. If the respondent
				requests additional continuances, it shall be granted for good cause shown. The
				respondent shall file a written request with the OSBI noting the reason for the
				additional continuances. In cases involving denial or suspension of a license
				pursuant to §1290.11 (A)(1) of the Act, the existence of a pending
				expungement case (pursuant to 22 O. S. §18-19) shall not constitute good
				cause for continuance.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff 7-11-96; Amended at 16
				  Ok Reg 3326, eff 7-26-99
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-20 - Service

Current through Vol. 41, No. 20, July 1, 2024
(a) Service of a
				Notice of Hearing on the Merits, described herein, shall require personal
				delivery or delivery by certified mail.
(1)
				Personal delivery is hand delivered to the last known residence or last known
				place of business of the party to be served or his representative of record, to
				a person fifteen (15) years of age or older. The process server shall certify
				such delivery, setting forth the circumstances under which service was
				accomplished.
(2) Certified mail
				shall be addressed to the last known residential or business address of the
				party to be served or his or her representative of record, and requires the
				return of a signed, dated receipt of delivery.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-21 - Burden, standard of proof, order of proof

Current through Vol. 41, No. 20, July 1, 2024
(a)
Burden of proof.
In all
				proceedings, unless otherwise provided by law, the burden of proof shall be
				upon the petitioner to make a prima facie case against the respondent. If, upon
				hearing, the petitioner fails to prove his or her case, the hearing officer may
				dismiss the case for lack of sufficient evidence.
(b)
Standard of proof.
In
				proceedings involving licensed instructors only, unless otherwise provided by
				law, petitioner shall be required to prove by clear and convincing evidence the
				respondent has violated provisions of the Oklahoma Self-Defense Act. In all
				other proceedings involving license denial, suspension, revocation, or
				administrative fine, the petitioner shall be required to prove by a
				preponderance of the evidence that the respondent's license should be denied,
				suspended or revoked or that the respondent should be administratively
				fined.
(c)
Order of
				proof.
The order of proof in cases brought by the OSBI as follows:
(1) Opening statement by the petitioner and
				respondent
(2) Presentation of the
				petitioner's case
(3) Responsive
				presentation by the respondent followed by cross-examination
(4) Rebuttal by the petitioner
(5) Surrebuttal by the respondent
(6) Closing arguments by the petitioner and
				respondent.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-22 - Action of the hearing officer when the licensee fails to appear

Current through Vol. 41, No. 20, July 1, 2024
Any licensee who fails to appear before the hearing examiner,
				  as directed, after having been first given proper Notice of Hearing on the
				  Merit, proof of Service of such notice having been duly made, may be determined
				  to have waived his or her right to present a defense to the offense alleged in
				  the notice. A suspension, revocation or denial of the license of any such
				  person may be ordered by the hearing examiner if it appears, after having heard
				  the evidence, that the violation alleged did in fact occur, whether or not such
				  licensee appears before the hearing examiner on the date of the
				  hearing.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-23 - Licensees who refuse to give testimony

Current through Vol. 41, No. 20, July 1, 2024
(a) A refusal on the part of any licensee
				under the Oklahoma Self-Defense Act to answer questions under oath, when
				requested by the hearing examiner, shall constitute grounds upon which to
				immediately suspend or revoke any license issued to such person.
(b) This rule shall in no way limit or modify
				the authority of the District Court in any proceeding for contempt where any
				such licensee has refused to answer any questions propounded to him or her by
				the hearing examiner.
Added at 13 Ok Reg 833,
				  eff 11-16-95 (emergency); Added at 13 Ok Reg 3015, eff
				  7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 25 - Oklahoma Self-Defense Act › Subchapter 3 - Hearings › Section 375:25-3-24 - Reinstatement of suspended licenses

Current through Vol. 41, No. 20, July 1, 2024
A person whose license has been suspended by the OSBI will
				  remain suspended until the person applies for reinstatement and that
				  reinstatement application is approved in accordance with the following
				  procedure:
(1) The person must obtain
				the designated reinstatement form from the OSBI at the following address:
				Oklahoma State Bureau of Investigation, Self-Defense Act Unit, 6600 N. Harvey,
				Suite 300, Oklahoma City, Oklahoma 73116. A person may request the OSBI mail
				the reinstatement form to them, or the reinstatement form may be picked up at
				the OSBI's address listed above.
(2) The reinstatement form must be completed
				and returned to the OSBI at the address listed above.
(3) The reinstatement form will request, in
				part, the following information:
(A) A
				certified court document that demonstrates the condition or preclusion which
				was the basis for the suspension has lapsed and is no longer in effect, if
				available and/or applicable;
(B) In
				the event a certified court document is not available and/or applicable, the
				person may submit other pertinent documentation to demonstrate the condition or
				preclusion which was the basis for the suspension has lapsed and is no longer
				in effect.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 1 - General Provisions › Section 375:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the relevant provisions of 75 O.S., Sections 250 et seq. (The
				  Oklahoma Administrative Procedures Act). The rules contained in this Chapter
				  outline the procedures for submitting samples or evidence to the Oklahoma State
				  Bureau of Investigation Laboratory and the disposition of such samples or
				  evidence after analysis or testing by the Oklahoma State Bureau of
				  Investigation Laboratory.
Added at 13 Ok Reg 3021,
				  eff 7-11-96; Amended at 17 Ok Reg 2542, eff
				  6-26-00
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 3 - Collection and Submission of DNA Samples from the Oklahoma Department of Corrections › Section 375:30-3-1 - Function; scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter outlines the procedures outlined in Title 22
				  O. S.1994, Section
				  991a
				  et seq., for collection and submission of DNA from offenders to the CODIS
				  laboratory.
Added at 13 Ok Reg 3021,
				  eff 7-11-96; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 3 - Collection and Submission of DNA Samples from the Oklahoma Department of Corrections › Section 375:30-3-2 - Training of personnel to collect DNA offender samples

Current through Vol. 41, No. 20, July 1, 2024
Agencies authorized shall designate employees to collect and
				  preserve DNA offender samples. All employees who are authorized to collect DNA
				  offender samples shall receive training from the CODIS laboratory on the proper
				  methods and procedures for the collection, handling, and preservation of DNA
				  offender samples.
Added at 13 Ok Reg 3021,
				  eff 7-11-96; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 3 - Collection and Submission of DNA Samples from the Oklahoma Department of Corrections › Section 375:30-3-3 - Collection of and submission of DNA offender samples

Current through Vol. 41, No. 20, July 1, 2024
The OSBI shall promulgate rules concerning the collection and
				  submission of DNA offender samples. The OSBI shall determine the type of
				  equipment, collection procedures, and reporting documentation to be used by
				  authorized collection facilities.
(1)
				Collection of DNA offender samples.
(A)
				Authorized personnel shall collect DNA offender samples from all offenders
				individuals.
(B) The CODIS
				laboratory shall provide kits to be used for collection of DNA offender
				samples.
(C) Immediately after a
				DNA offender sample is collected:
(i) The
				sample shall be preserved by the same person who collected the
				sample.
(ii) The person collecting
				the sample shall adhere to all kit instructions.
(iii) The person collecting the DNA offender
				sample shall preserve and label the sample before collecting another DNA
				offender sample.
(D) DNA
				offender samples not properly collected or labeled may be be rejected and
				returned.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 5 - Collection and Submission of Forensic Evidence for DNA Profiling › Section 375:30-5-1 - Function; scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter outlines the procedures for submitting body
				  fluids and other forensic evidence from a crime scene to OSBI for DNA
				  profiling.
Added at 13 Ok Reg 3021,
				  eff 7-11-96
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 5 - Collection and Submission of Forensic Evidence for DNA Profiling › Section 375:30-5-2 - Submission of DNA samples to the OSBI

Current through Vol. 41, No. 20, July 1, 2024
(a)
Agencies eligible to submit
				samples.
Any agency authorized by statute to request the assistance of
				the OSBI may submit samples of body fluids or other materials from items of
				evidence to the DNA laboratory.
(b)
Types of samples which may be submitted.
All samples of body fluid
				submitted to the DNA laboratory for DNA analysis shall be in dried form or an
				appropriate substrate.
(c)
Required information.
(1) All
				agencies submitting a sample to the DNA laboratory for DNA analysis shall
				provide the following information with each sample submitted.
(A) The full name of the requesting
				agency.
(B) The address of the
				requesting agency.
(C) The name of
				the requesting officer (contact person).
(D) Email and telephone number of requesting
				officer.
(E) The type of body fluid
				or other material the submitting agency believes the sample to be (blood,
				semen, hair, etc.).
(F) A brief
				summary of the case under investigation in connection to which the sample is
				being submitted.
(G) Information on
				how the sample was collected and the location that the sample was collected
				from.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 5 - Collection and Submission of Forensic Evidence for DNA Profiling › Section 375:30-5-3 - Referral of cases to outside laboratories

Current through Vol. 41, No. 20, July 1, 2024
(a) The DNA laboratory may submit evidence to
				an outside laboratory for DNA analysis if special circumstances exist making
				the outside laboratory better equipped to examine the evidence.
(b) Payment arrangements for DNA analysis by
				outside laboratories must be made in advance by the submitting
				agency.
Added at 13 Ok Reg 3021,
				  eff 7-11-96; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 5 - Collection and Submission of Forensic Evidence for DNA Profiling › Section 375:30-5-4 - Notification of parties when a potential DNA database match occurs

Current through Vol. 41, No. 20, July 1, 2024
(a) When the DNA
				analysis of evidence submitted to the DNA laboratory matches the DNA profile of
				an offender in the CODIS database:
(1) the
				CODIS laboratory shall re-examine the DNA offender sample according to current
				CODIS policy and procedures to verify the result,
(2) the OSBI shall attempt to verify the
				identity of the sample donor fingerprint submitted with the DNA offender
				sample.