reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 8 - Administrator in Training (AIT) Internship Program for Nursing Home Administrators and Certified Assistant Administrators [TRANSFERRED] › Section 490:10-8-14 - AIT Internship exempt status [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2129,
				  eff 6-11-92; Amended at 15 Ok Reg 1764, eff 7-15-98; Amended at 16 Ok Reg 2007,
				  eff 7-1-99; Amended at 18 Ok Reg 1747, eff 7-1-01; Amended at 20 Ok Reg 1741,
				  eff 7-1-03; Amended at 24 Ok Reg 1608, eff 7-1-07; Amended at 26 Ok Reg 2707,
				  eff 7-25-09; Amended at 29 Ok Reg 1334, eff
				  7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 8 - Administrator in Training (AIT) Internship Program for Nursing Home Administrators and Certified Assistant Administrators [TRANSFERRED] › Section 490:10-8-15 - Admission to national and state exams [AMENDED AND RENUMBERED TO 490:10-3-4]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2129,
				  eff 6-11-92; Amended at 18 Ok Reg 1747, eff 7-1-01; Amended and renumbered to
				  490:10-3-4 at 24 Ok Reg 1608, eff 7-1-07
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 8 - Administrator in Training (AIT) Internship Program for Nursing Home Administrators and Certified Assistant Administrators [TRANSFERRED] › Section 490:10-8-16 - Refusal to approve or renew preceptor or intern assignment [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2129,
				  eff 6-11-92; Amended at 23 Ok Reg 1470, eff 7-1-06; Amended at 24 Ok Reg 1608,
				  eff 7-1-07; Amended at 26 Ok Reg 2707, eff
				  7-25-09
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 8 - Administrator in Training (AIT) Internship Program for Nursing Home Administrators and Certified Assistant Administrators [TRANSFERRED] › Section 490:10-8-17 - Supervision of AIT interns/trainees [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2129,
				  eff 6-11-92; Amended at 23 Ok Reg 1470, eff 7-1-06; Amended at 24 Ok Reg 1608,
				  eff 7-1-07; Amended at 25 Ok Reg 2569, eff 7-11-08; Amended at 26 Ok Reg 2707,
				  eff 7-25-09
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 9 - License Status [Revoked] › Section 490:10-9-1 - License status [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  3799, eff 7-12-93; Amended at 23 Ok Reg 1470, eff 7-1-06; Revoked at 24 Ok Reg
				  1608, eff 7-1-07
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 9 - License Status [Revoked] › Section 490:10-9-2 - Reinstatement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 1470,
				  eff 7-1-06; Added at 23 Ok Reg 2996, eff 7-13-06; Revoked at 24 Ok Reg 1608,
				  eff 7-1-07
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 10 - Fee Schedule [Revoked] › Section 490:10-10-1 - Fee Schedule [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 2007,
				  eff 7-1-99; Amended at 18 Ok Reg 1747, eff 7-1-01; Amended at 21 Ok Reg 1110,
				  eff 7-1-04; Amended at 23 Ok Reg 1470, eff 7-1-06; Amended at 23 Ok Reg 2996,
				  eff 7-13-06; Revoked at 24 Ok Reg 1608, eff
				  7-1-07
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 13 - Standards for Administrators [TRANSFERRED] › Section 490:10-13-1 - Administrator Code of Ethics [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered
				  from 490:10-1-8 at 24 Ok Reg 1608, eff 7-1-07; Amended at 26 Ok Reg 2707, eff
				  7-25-09; Amended at 29 Ok Reg 1334, eff
				  7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 13 - Standards for Administrators [TRANSFERRED] › Section 490:10-13-2 - Administrator responsibilities [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Amended and renumbered
				  from 490:10-1-6 at 24 Ok Reg 1608, eff 7-1-07; Amended at 25 Ok Reg 2569, eff
				  7-11-08; Amended at 26 Ok Reg 2707, eff 7-25-09; Amended at 29 Ok Reg 1334, eff
				  7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 10 - Long Term Care Administrators [TRANSFERRED] › Subchapter 13 - Standards for Administrators [TRANSFERRED] › Section 490:10-13-3 - Requirements for administrators who serve as the Administrator-of-Record of two (2) or more licensed long term care (nursing) facilities employing Certified Assistant Administrators [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2569,
				  eff 7-11-08; Amended at 26 Ok Reg 2707, eff 7-25-09; Amended at 29 Ok Reg 1334,
				  eff 7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 1 - Certification of Long Term Care Assistant Administrators [TRANSFERRED] › Section 490:15-1-1 - Purpose [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2577,
				  eff 7-11-08; Amended at 26 Ok Reg 2721, eff
				  7-25-09
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 1 - Certification of Long Term Care Assistant Administrators [TRANSFERRED] › Section 490:15-1-2 - Definitions [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2577,
				  eff 7-11-08
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 1 - Certification of Long Term Care Assistant Administrators [TRANSFERRED] › Section 490:15-1-3 - Minimum qualifications for an individual applicant to meet certification requirements for a Certified Assistant Administrator (CAA) [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2577,
				  eff 7-11-08; Amended at 26 Ok Reg 2721, eff 7-25-09; Amended at 29 Ok Reg 1350,
				  eff 7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 1 - Certification of Long Term Care Assistant Administrators [TRANSFERRED] › Section 490:15-1-3.1 - Evidence requirements [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 26 Ok Reg 2721,
				  eff 7-25-09; Amended at 29 Ok Reg 1350, eff
				  7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 1 - Certification of Long Term Care Assistant Administrators [TRANSFERRED] › Section 490:15-1-4 - Conditions of employment for individuals 'certified' by the Board as having met the minimum qualifications required for them to serve as an Assistant Administrator [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2577,
				  eff 7-11-08; Amended at 26 Ok Reg 2721, eff 7-25-09; Amended at 29 Ok Reg 1350,
				  eff 7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 3 - Application for Certification and Requirements for Continued Eligibility [TRANSFERRED] › Section 490:15-3-1 - Application process [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2577,
				  eff 7-11-08; Amended at 26 Ok Reg 2721, eff
				  7-25-09
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 3 - Application for Certification and Requirements for Continued Eligibility [TRANSFERRED] › Section 490:15-3-2 - Approval process [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2577,
				  eff 7-11-08; Amended at 26 Ok Reg 2721, eff 7-25-09; Amended at 29 Ok Reg 1350,
				  eff 7-1-12
Oklahoma Administrative Code › Title 490 - Oklahoma State Board of Examiners for Long Term Care Administrators › Chapter 15 - Long Term Care Certified Assistant Administrators [TRANSFERRED] › Subchapter 3 - Application for Certification and Requirements for Continued Eligibility [TRANSFERRED] › Section 490:15-3-3 - Requirements for certified assistant administrators [TRANSFERRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 29 Ok Reg 1350,
				  eff 7-1-12
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 505:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These set out the makeup of the Board, the administration of the Board's duties, the procedure and affect of enacted rules and the procedure for individual proceedings. These rules were enacted so that the Board can carry out its statutory duties.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-1 - General Board purpose and method of operation

Current through Vol. 41, No. 20, July 1, 2024
The general purpose and method of the Board's operation is prescribed by the Legislature, and the Board acts as the agency in the exercise of the police powers of the State of Oklahoma for the protection of the health, safety and welfare of the people of the State, for the purpose of licensing and regulating the practice of Optometry in the State by administrative and disciplinary procedures whereby licenses are issued, denied, suspended or revoked, in accordance with the Oklahoma Administrative Procedures Act, and to maintain personal data records on each licensee in this State.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-2 - Powers and duties of the Board

Current through Vol. 41, No. 20, July 1, 2024
The Board shall have the following powers and duties, which shall include, but not limited to:
(1) Conducting examinations required by law to determine the qualifications of persons seeking a license to practice optometry in the State of Oklahoma;
(2) To promulgate rules and regulations to control applications for examinations and the taking of examinations and the preparation and grading of examination;
(3) To issue, or refuse to issue, a license to practice optometry for any cause specified by law;
(4) To revoke or suspend, if necessary, for cause any license issued by the Board, after an opportunity for a hearing has been granted.
(5) To design and provide the forms of applications for licenses and the information to be shown thereon, and of all reports which it deems necessary in administering the law.
(6) To hire personnel to advise and assist in the performance of its duties;
(7) To collect and assess all fees prescribed by law and to deposit said fees in the "Board of Examiners in Optometry Revolving Fund", and to pay from said fund all necessary expenses incurred in the performance of its duties;
(8) To maintain personal data records on each applicant or licensee;
(9) To maintain proceedings to enjoin persons unlicensed from the practice of Optometry; and
(10) To perform any other duties or functions specified by law or deemed necessary for the proper administration and enforcement of the laws and rules and regulations governing the practice of Optometry.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-3 - Board composition and officers

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Board of Examiners in Optometry is an administrative body consisting of five (5) members who are appointed by the Governor. The Board shall elect a President, Vice-President and Secretary-Treasurer. The President shall perform such duties as prescribed by the Board and by law.
(b) The Oklahoma Board of Examiners in Optometry consists of five (5) members, four (4) of whom shall be optometrists. The term of each licensed Optometrist member of the Board, one (1) being appointed each year, shall be five (5) years, or until a qualified successor is appointed. The lay member of the Board shall serve a term coterminous with that of the governor and shall serve at the pleasure of the governor.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-4 - Board meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) Time and place of meetings. The Board meets quarterly, as official business requires and conducts examinations of applicants for certification as Optometrists. The time and place of a meeting is fixed by a majority of the members of the Board. All Board Meetings comply with the Open Meetings Act.
(b) Special meetings. Special meetings may be called by the President, or whenever petitioned for by members of the Board.
(c) Quorum. Three (3) members of the Board shall constitute a quorum.
(d) Adoption of Roberts' Rules of Order. The Board will follow Roberts' Revised Rules of Order at its meetings, whenever any objection is made as to the manner in which it proceeds at a meeting.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-5 - Official Board records

Current through Vol. 41, No. 20, July 1, 2024
The operations or business transacted by the Board can be obtained from any of the five (5) members of the Board, but the official records of the Board are kept at the official office of the Board at such location as the Board may from time to time designate.
Amended at 15 Ok Reg 3654, eff 7-27-98; Amended at 25 Ok Reg 993, eff 5-11-08
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-6 - Availability of records and manner of obtaining information

Current through Vol. 41, No. 20, July 1, 2024
All files, records, minutes, proceedings, rules and regulations, documents, decisions and opinions, written statements of policy, orders, instructions, and written materials of any other nature required by law to be maintained by the Board are available for public inspection in the Office of the Board. Any person desiring any information concerning the Board, its policies or procedures, or any pertinent information concerning said organization or licensee may make submission or request to the Board, either in person or by regular mail, electronic mail, or facsimile, by directing such submissions or requests to the Office of the Oklahoma Board of Examiners in Optometry, at such location as the Board may from time to time designate.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95; Amended at 15 Ok Reg 3654, eff 7-27-98; Amended at 16 Ok Reg 3395, eff 8-12-99; Amended at 25 Ok Reg 993, eff 5-11-08
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-7 - Availability of Board rules, regulations, policy Statements

Current through Vol. 41, No. 20, July 1, 2024
Rules and regulations of the Board, will be available in the office of the Board for public inspection from 9:00 o'clock a.m. to 4:00 o'clock p.m., daily, except Saturdays, Sundays and legal holidays or on the Board website. All other written statements of policy or interpretations, formulated, adopted, or used by the Board in the discharge of its functions and all final orders, decisions and opinions of the Board will be available. in the office of the Board for public inspection from 9:00 o'clock a.m. to 4:00 o'clock p.m., daily, except Saturdays, Sundays and legal holidays.
Amended at 25 Ok Reg 993, eff 5-11-08
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-8 - Office of the Board is deemed to be the Office of the Executive Director

Current through Vol. 41, No. 20, July 1, 2024
The office of the Board of Examiners in Optometry is deemed to be the office of the Executive Director for all purposes under the rules of the Board. Any application, pleading, document or other matter which, under the rules of the Board, must be in any way filed with, submitted to, or requested of, the Executive Director shall be addressed to the Executive Director at the Board's office. Similarly, documents or records required to be kept by the Executive Director shall be kept at the Board's office and shall be available to the Executive Director for the performance of his or her duties.
Added at 25 Ok Reg 993, eff 5-11-08
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 3 - Board Organization and Administration › Section 505:1-3-9 - Examination and Annual License Fee

Current through Vol. 41, No. 20, July 1, 2024
(a) The fee for examination of candidates for persons desiring to commence the practice of optometry is set at $200.00. This fee shall apply to those initially taking the examination, and to any persons retaking the examination as may be allowed by law or by the rules of the Board.
(b) The annual license fee is set at $300.00 for each fiscal year beginning July 1, 2010.
Added at 11 Ok Reg 4163, eff 6-29-94 (emergency); Added at 12 Ok Reg 1799, eff 6-12-95; Amended at 25 Ok Reg 993, eff 5-11-08; Amended at 27 Ok Reg 1273, eff 5-27-10
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-1 - Opportunity for hearing

Current through Vol. 41, No. 20, July 1, 2024
Prior to the adoption, amendment, or repeal of any rule, the Board affords any interested person a reasonable opportunity to submit data, views, or arguments, orally or in writing to the Board concerning the proposed action on the rule. Should the proposed action on a rule affect ones substantive rights, the opportunity for an oral hearing will be granted if requested in writing by at least twenty-five (25) members, if no substantive rights are involved, the opportunity for oral argument or views is within the discretion of the Board.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-2 - Petition for rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person may petition the Board requesting promulgation, amendment, or repeal of a rule. The petition shall be filed with the Executive Director of the Board and shall set forth in writing, clearly and concisely, all matters pertaining to the requested action and the reasons for the request. The request should, also, state whether there is someone, known to the petitioner, who is concerned with the subject and should be notified of the hearing.
(b) The Board at its next regularly scheduled meeting or at a special meeting specified in the notice will hear the petition and notify the petitioner of the ruling within twenty (20) days after the decision. In either event, a hearing on said petition shall be held within sixty (60) days after received in proper form by the Executive Director. For just cause, the Board may postpone the discussion and ruling on the petition until a subsequent meeting and all parties shall be notified of the postponement, if necessary.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-3 - Notice

Current through Vol. 41, No. 20, July 1, 2024
In any rulemaking action, initiated by petition, at least twenty (20) days' notice shall be given to the party filing the petition for rulemaking that his or her request will be heard by the Board. The notice shall state, the time and place, and the manner in which interested persons may present their views. Should the Board decide to proceed with rulemaking, it shall comply with the terms of the Administrative Procedures Act to do so.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-4 - Rulemaking hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A rulemaking hearing before the Board shall be informal, but in an orderly manner. The attendance of witnesses and production of records may be required in accordance with 505:1-7-13(a).
(b) Minutes shall be kept of the official meetings of the Board. Transcripts of all matters pertaining to rulemaking shall be open for public inspection at the office of the Board of Examiners in Optometry.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-5 - Effective date

Current through Vol. 41, No. 20, July 1, 2024
Each rule adopted shall be effective twenty (20) days after filing, unless a later date is required by statute or specified in the rule, or unless the rule is adopted as an emergency rule.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-6 - Emergency rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Emergency rules may be adopted by the Board without the prescribed notice and hearing if the Board, stating in writing its reasons, finds that imminent peril to the public health, safety, or welfare requires this shortened procedure. However, the sufficiency of the reasons is subject to judicial review.
(b) Emergency rules become effective immediately upon filing with the State Officials, as required by law, and upon their approval as provided for the by Administrative Procedures Act. Emergency rules shall remain effective as provided for by the Administrative Procedures Act, but the Board may adopt an identical rule under the general rulemaking procedures prescribed in Rules 505:1-5-1 through 505:1-5-5.
(c) The Board shall distribute a copy of the emergency rules to those persons who have requested to be notified of the rulemaking activities, and shall take other appropriate measures, where reasonable and practical, to notify other persons who may be affected by the rule.
Amended at 22 Ok Reg 2606, eff 7-11-05
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 505:1-5-7 - Request for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Any person affected by any rule or order promulgated or issued by the Board, or wishing to determine the validity or applicability of a Board rule, or one of its authorized agents may request in writing to the Board an interpretation or declaratory ruling regarding the application of such a rule or order to the facts furnished with the request.
(1)
Filing and contents of petition.
The petition shall be styled similarly to an ex parte petition filed in a court of law in this State, and shall be filed with the Executive Director of the Board in triplicate. It shall state fully, clearly and concisely the rule or order involved or affected, and state the facts giving rise to the need for such ruling, giving all pertinent data necessary for consideration.
(2)
Consideration of petition by Board; refusal to issue ruling.
(A) The Petition will be considered preliminarily at the next regular meeting of the Board or at a special meeting called to hear the petition, but in either event, a hearing shall be held on said petition within ninety (90) days after received by the Executive Director, and the petitioner shall be notified promptly of the date by the Executive Director and shall be entitled to be present in person or represented by counsel. At this meeting the Board shall determine whether or not to issue a ruling or to continue the matter for hearing upon the petition. The Board may refuse to entertain a petition for a declaratory ruling if it determines:
(i) that the facts stated in the petition do not afford an adequate basis therefore, or
(ii) that the experience under the rule or order is not adequate to enable it to make an effective or proper ruling, or
(iii) that the request is premature, or
(iv) that the request is one that should be handled through rule-making procedure, or that there exist other conditions rendering a declaratory ruling in opportune.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
All words which are defined in 75 O.S. 1981 Sec. 301 are used in accordance with such meanings, or any other appropriate definition.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-3 - Initiation of petition for individual proceeding

Current through Vol. 41, No. 20, July 1, 2024
An individual proceeding, may be initiated by the Board or by an individual filing a verified petition containing a brief statement, setting forth the relief requested, and the facts alleged to give rise to the right of relief, and naming the persons against whom relief is sought.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-4 - Notice to parties

Current through Vol. 41, No. 20, July 1, 2024
As soon as possible after the filing of an individual proceeding petition, the Executive Director shall notify the persons named therein of the filing and of the date set for hearing. The notice shall contain:
(1) A statement of the time, place and nature of the hearing, and of the relief demanded;
(2) A brief statement, which may be in the words of the petition or in adequate condensation, of the matters asserted as grounds for relief;
(3) A citation of the statutes, rules or other legal foundation for the proceeding and for the Board's jurisdiction, giving specific citation and statement of the provisions basic to the proceedings;
(4) A statement that the persons notified may appear at the hearing and be heard, in person or other counsel, and that they may file such answer or other pleading as they may deem appropriate including a request for more detailed statements of the matters asserted, if this is necessary to define the issues;
(5) A statement that, in the default of appearance, the relief demanded may be granted.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-5 - Service of notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Methods of serving notice.
All notices or other papers, service of which is required in individual proceedings shall, be served in one of the following manners;
(1) Personally upon the notice, by any person appointed to make service by the Executive Director of the Board, and in any manner authorized by the law of this state for the personal service of summons in proceedings in the state courts; or
(2) By certified mail, mailed by the Executive Director of the Board, or by such other person at such post office address as he may have filed with the Board, or if no such address has been filed, at the noticee's last known post office address;
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-6 - Time of hearing; request for extension

Current through Vol. 41, No. 20, July 1, 2024
The time set for an individual proceeding hearing shall be specified in the notice thereof. If the noticee deems that the date specified gives inadequate time for preparation for the hearing, the noticee may apply in writing for an extension, stating the time desired and the reasons for the request. The application shall be acted upon promptly by the Executive Director, and if the extension is denied, the party may renew the request and make proper showing for a continuance at the hearing.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-7 - Conduct of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearing procedures; presiding officer.
The hearing for an individual proceeding shall be conducted in an orderly manner by the Board. The order of procedure will follow generally that which obtains in civil proceedings at law. However, strictness of procedures shall not be required, the objective being that fairness and orderliness prevail to afford a full hearing which protects the rights of all concerned. The rules of evidence shall be those specified by the Oklahoma Administrative Procedures Act. The President of the Board shall be the presiding officer at the hearing or proceeding. However, in his absence the Vice-President shall serve as presiding officer. The Board may at their discretion select a Hearing Officer to conduct any hearings.
(b)
Assistance of Counsel of Board.
The Board may seek the assistance of the Attorney General or an Assistant Attorney General, if requested and available at the time of the hearing, to sit with the Board as a law member. Nothing contained herein shall, however, prevent the Board from employing outside counsel when in the opinion of the Board it is necessary to do so in order to administer and enforce the provisions of the law governing the practice of Optometry and the Rules and Regulations promulgated thereunder.
(c)
Testimony of Witnesses.
The testimony of witnesses and documentary evidence may be admitted on behalf of any party at the hearing, subject to objections as to relevancy by the opposing party. A party may conduct cross-examination required for a full and true disclosure of the facts.
(d)
Right of Counsel.
Any party shall at all times have the right to be represented by counsel duly licensed to practice law in the State of Oklahoma.
(e)
Administration of oaths; ruling upon Offers of Evidence.
The President of the Board or any members presiding at a hearing shall administer oaths or require affirmations for the purposes of the hearing. He or the Hearing Officer, shall rule upon the motions, objections, offers of proof of other incidents of the hearing, but his ruling may be overruled by a majority of the membership conducting the hearing, and upon request of a party or his attorney, the presiding officer shall submit the sustention or rejection of his ruling to the Board.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-8 - Record of Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The report of a hearing shall be set forth in such forms and detail as the President or Board may direct, unless the hearing is fully transcribed, and shall be placed on file in the office of the Executive Director. The record shall include all pleadings, motions, and intermediate rulings; evidence received or considered; a statement of matters officially noticed; questions and offers of proof, objections, and rulings thereon; and decision opinion, or report by the officer presiding at the hearing; all staff memoranda or data submitted to the hearing officer or members of the agency in connection with their consideration of the case.
(b) The full proceedings of any hearing shall be transcribed on the request of any party. The fee for the reporter shall be paid by the party requesting the services of a reporter, but may be taxed as costs to another party at the direction of the Board in appropriate circumstances.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-9 - Findings of fact

Current through Vol. 41, No. 20, July 1, 2024
All findings of fact made by the Board in an individual proceeding shall be made in compliance with the Administrative Procedures Act based exclusively on the evidence, on matters officially noticed during the hearing, and if deemed reliable upon the information received by the Board through investigation and examination made by its agents or staff prior to or during the hearing as allowed pursuant to the Administrative Procedures Act.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-10 - Notice of facts

Current through Vol. 41, No. 20, July 1, 2024
The Board shall give notice to all parties in an individual proceeding, prior to or at the hearing, of any facts of which it proposes to take official notice. Any party or his attorney may request that official notice be taken of any fact qualified for such notice by the Statutes of this State. If such official notice is taken, it shall be stated in the record, and all parties shall have opportunity to contest and give evidence in rebuttal or derogation of the official notice.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-11 - Final orders, proposed finding of facts and conclusions of law

Current through Vol. 41, No. 20, July 1, 2024
All final orders in any individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law separately stated. Any party to a proceeding before the Board may file proposed findings of fact and conclusions of law; and if proposed findings of fact are filed, the final order of the Board shall include a ruling upon each proposed finding. All parties shall be notified either in person or by mail of any order. Upon request, a copy of the order shall be delivered or shall be mailed forthwith to each party and to his attorney at the address specified in the request.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-12 - Communication with parties

Current through Vol. 41, No. 20, July 1, 2024
Unless required for the disposition of ex parte matters authorized by law, the President and the members of the Board or the agents of the Board shall not communicate, directly or indirectly, in connection with any issue of fact, with any person or party or his representative except upon notice and an opportunity for all parties to participate. The President and members of the Board may communicate with one another and have the aid and advice of one or more personal assistants. Advice may also, be secured from the attorney by the Board.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-13 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance and service of subpoena.
Subpoenas for the attendance of witnesses, or for the furnishings of information required by the Board, or for the production of evidence or records of any kind shall be issued by any Board member at the direction of the President or upon order of the Board. In like manner, and for like purpose, subpoenas shall be issued by any Board Member at the request of any party to a proceeding before the Board for the attendance of witnesses or for the production of evidential materials at a hearing in such proceeding. The signature of any Board Member shall be sufficient authentication for any subpoena. Subpoenas shall be served in any manner prescribed by these rules for the service of notices.
(b)
Refusal to obey subpoena or to testify.
Upon the failure of any person to obey a subpoena, or upon the refusal of any witness to be sworn or make an affirmation or to answer a question put to him in the course of a hearing in any rulemaking proceeding, proceeding for a declaratory ruling, or in an individual proceeding, or in any other authorized action of the Board, the Board as soon as convenient shall consider the matter. By resolution, it may direct the institution of appropriate judicial proceedings under the law of the State for an order to compel compliance with the subpoena or the giving of testimony, as the case may be. Meanwhile, the hearing or other matters shall proceed, so far as is possible, but the Board at its discretion at any time may continue the proceedings for such time as may be necessary to secure a final ruling in the compliance proceedings.
(c)
Costs.
The costs covering the issuance and service of subpoenas and all witness fees incurred on behalf of a party to the proceedings, other than the Board, shall be borne by the party on whose behalf they are incurred, but the Board in its final order may tax such costs to some other party if justice so requires.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-14 - Requests for disqualification

Current through Vol. 41, No. 20, July 1, 2024
Requests for the disqualification of a member or members of the Board in an individual proceeding shall be embodied in an affidavit, stating with particularity the grounds alleged therefor. Such requests must be filed prior to the commencement of the hearing unless it is made to appear in the affidavit that the ground of disqualification was not previously known and that the application has been made promptly upon discovery. Upon the filing of such affidavit, the President of the Board or the Executive Director, if the affidavit is filed against the President, shall set the matters for the hearing at the earliest date at which the Board can be convened giving notice thereof personally or by telephone to the party or his counsel. The Board, or those members thereof qualified to sit at the hearing, shall take evidence and make prompt decisions. In the event the disqualification is sustained or in the event of a mandamus requiring disqualification, the hearing shall be continued to such time as is necessary for the appointment of members pro tem to proceed with the matters, and due notice of the continuance shall be given to all parties.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-15 - Rehearing, reopening or reconsideration

Current through Vol. 41, No. 20, July 1, 2024
A petition for rehearing, reopening or reconsideration of a final order in an individual proceeding must be filed with the Executive Director within ten (10) days from the entry of the order. It must be signed by the party or his attorney, and must set forth with particularity such of the statutory grounds upon which it is based. However, a petition based upon fraud practiced by the prevailing party or upon procurement of the orders by perjured testimony or fictitious evidence may be filed at any time. All petitions for rehearing, reopening, or reconsideration will be considered and ruled upon as soon as the convenient conduct of the Board's business will permit.
Amended at 11 Ok Reg 4163, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1799, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-16 - Informal hearing of a matter

Current through Vol. 41, No. 20, July 1, 2024
The parties to any individual proceeding may present the matter to the Board or to any authorized representative in informal conference, and upon mutual consent of all parties and of the Board, the matters may be submitted and determined and an order may be issued without resort to formal procedures. The order shall be in writing and shall be furnished to the parties as prescribed for orders issued after formal hearing in individual proceedings.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 1 - Administrative Operations › Subchapter 7 - Individual Proceedings › Section 505:1-7-17 - Stipulation of an order

Current through Vol. 41, No. 20, July 1, 2024
At any time in an individual proceeding the parties thereto may enter into stipulation for the issuance of an order, specifying its terms, or may enter into an agreement for settlement upon specified terms, or may consent to the issuance of an order upon specified terms. In either event the stipulation, the settlement agreement or the consent shall be reduced to writing duly executed by the parties, or shall be entered upon the record in open hearing. Orders made under this rule shall be in writing and shall be served as other orders are served.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 1 - General Provisions › Section 505:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules provide for the method of obtaining licensure by qualified applicants, and for regulation of licensed practitioners of optometry. The Rules are to ensure that the public safety and welfare is protected by requiring all licensees to be competent.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 1 - General Provisions › Section 505:10-1-2 - Forms and instructions

Current through Vol. 41, No. 20, July 1, 2024
The following forms and instructions for their use have been adopted by the Board and are in use by the Board:
(1) Application for License Examination.
(2) Application for Special Volunteer License.
(3) Annual License Renewal Certificate.
(4) Application for Branch Office.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 3 - Licensing Procedures › Section 505:10-3-1 - Application for license

Current through Vol. 41, No. 20, July 1, 2024
The application for a license to practice Optometry shall be on a form prescribed by the Board. This form is provided on the Board of Examiner 's website.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 3 - Licensing Procedures › Section 505:10-3-2 - Examination of Candidates

Current through Vol. 41, No. 20, July 1, 2024
(a)
Times of meeting.
The Board will meet during the month of July for the initial examination and then again in January for the re-examination of any applicant who fails to pass any part of the initial examination.
(b)
Filing of application for examination.
A candidate desiring to take the examinations may obtain the official form of application for such purpose from the Executive Director. The application and all necessary information must be filed with the Executive Director at least thirty (30) days before the date of the examination, and the application must be accompanied by an examination fee in the amount of $200.00. A failure to appear for an examination is cause for forfeiture of the examination fee.
(c)
Required passing grade.
A candidate must make a passing grade of at least 75 grade points in all subjects of the examination in order to receive a certificate of registration.
(d)
Retaking examination.
A candidate who fails to make the necessary passing grade at an examination may re-take the examination on the subjects failed at the January Board Meeting with the payment of an examination fee in the amount of $200.00 ; but if passing grades are not made on the second examination, a new application for the entire examination must be instituted and another examination fee of $200.00 must be paid.
Amended at 11 Ok Reg 4167, eff 6-29-94 (emergency); Amended at 12 Ok Reg 1803, eff 6-12-95
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 3 - Licensing Procedures › Section 505:10-3-3 - License requirements

Current through Vol. 41, No. 20, July 1, 2024
The specific requirements for the issuance of a license are set forth by statute, 59 O.S. 1981 Secs. 584, 586 and 587.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 3 - Licensing Procedures › Section 505:10-3-4 - Granting of license

Current through Vol. 41, No. 20, July 1, 2024
Where the information furnished on the application for the license, or for the renewal thereof, appears to establish all requirements for the grant thereof and there appears no reason to question its authenticity, the Board may issue the license, or renewal thereof, without a hearing. However, if there appears reason for a formal consideration of whether the license, or renewal, should be granted, the matter shall be treated as an individual proceeding, wherein the applicant is the petitioner, and the procedure applicable to individual proceedings thereafter shall be followed except as modified by statute or by these rules.
Oklahoma Administrative Code › Title 505 - Board of Examiners in Optometry › Chapter 10 - Licensure and Regulation of Optometrists › Subchapter 3 - Licensing Procedures › Section 505:10-3-5 - Reciprocity abolished

Current through Vol. 41, No. 20, July 1, 2024
Since reciprocity has been the cause of much turmoil in Oklahoma, the Oklahoma Board has discontinued reciprocity with other states.