reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 13 - Geologic Carbon Sequestration › Section 155:30-13-1 - Filing of applications for geologic carbon sequestration verification

Current through Vol. 41, No. 20, July 1, 2024
A request for verification of geologic carbon sequestration may be filed anytime during the calendar year immediately following the calendar year, or portion thereof, in which sequestration occurred (i.e. applications must be filed on or before December 31, 2011 for any sequestration that occurred during any portion of the calendar year of 2010). Notwithstanding the foregoing, requests for verification of carbon dioxide or its equivalent sequestered prior to the effective date of these rules, but after the effective date of the Act, shall be made on or before December 31, 2010.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 13 - Geologic Carbon Sequestration › Section 155:30-13-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
An applicant filing an application under this subchapter shall pay the following fees and expenses:
(1)
Document verification fee.
The application shall be accompanied by payment of a fee equivalent to fifteen dollars ($15.00) per injection well that was utilized during the injection of carbon dioxide or its equivalent for which verification is requested, with a minimum fee of one hundred fifty dollars ($150.00) per application, as payment for the in-office review of documents and preparation of reports that record whether sequestration of carbon dioxide or its equivalent has occurred.
(2)
Field verification fee.
When applicable, thirty dollars ($30.00) per hour charged for time spent visiting the project location, including travel time to and from the project location. An applicant may indicate on the application a request to be contacted prior to verification and to be told the estimated amount of time that will be needed to conduct verification.
(3)
Field verification expenses.
The government rate in effect on the date of travel will be charged to cover travel or lodging costs incurred during travel associated with field verification. An applicant may indicate on the application a request to be contacted prior to verification and to be told the estimated amount of time that will be needed to conduct verification.
(4)
State certification fee.
Ten cents ($.10) per metric ton of carbon dioxide for each ton under and including fifty thousand (50,000) metric tons, and three cents ($.03) per metric ton of carbon dioxide for each ton over fifty thousand (50,000) metric tons, is assessed for the preparation and issuance of a certificate and report evidencing that carbon sequestration occurred and was verified by the Oklahoma Conservation Commission or other state approved verifier not to exceed $10,000 per application. The applicant will be invoiced this fee per application after the Commission has verified that carbon sequestration occurred.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 13 - Geologic Carbon Sequestration › Section 155:30-13-3 - Geologic sequestration application requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to the requirements in Subchapters 1 and 3 for applications, an application for the verification of geologic carbon sequestration shall include the following:
(1)
Resource management plan (RMP).
An applicant shall provide an explanation of the activities that will increase sequestration of, or maintain sequestration of, carbon dioxide or its equivalent in the reservoir, and shall include a brief description of the following:
(A) The source(s) of the carbon dioxide or equivalent that was injected or maintained;
(B) The method used to capture the carbon dioxide or equivalent from the source(s); and
(C) The purity level of the carbon dioxide contained in the stream of gas or in the supercritical fluid injected, and a statement indicating whether the applicant took that purity level into account when calculating the volume or weight of carbon dioxide for which verification is requested in the application.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 13 - Geologic Carbon Sequestration › Section 155:30-13-4 - Commission action on applications for geologic carbon sequestration verification

Current through Vol. 41, No. 20, July 1, 2024
Within ninety (90) days of the filing of an application for geologic carbon sequestration verification, the Commission shall either approve or deny the application and shall notify the applicant in writing of the Commission's determination. The Commission shall notify an applicant if more time is needed to make a determination and indicate the approximate date the determination will be made.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 30 - Oklahoma Carbon Sequestration Certification Program › Subchapter 13 - Geologic Carbon Sequestration › Section 155:30-13-5 - Geologic carbon sequestration projects eligible for verification

Current through Vol. 41, No. 20, July 1, 2024
Only geologic carbon sequestration projects utilizing anthropogenic carbon dioxide that are in compliance with all applicable UIC agency requirements, and air quality agency requirements when applicable, shall be considered for verification.
(For information about related emergency rules, see Editor's Note at beginning of Chapter); Added at 26 Ok Reg 1388, eff 7-1-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 35 - Coordination of Oklahoma's Geographic Information › Section 155:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) This Chapter sets forth statutory requirements for the coordination of Oklahoma's Geographic Information pursuant to 82 O. S. Ann. §§ 1501-205 and 27 O. S. Ann. §§ 3-2-107 of the Oklahoma Statutes. The purpose of coordination is to promote the collaboration and sharing of geographic information, eliminate duplication of efforts and to insure the consistency of geographic information data elements through the adoption of applicable standards and procedures. The result is the development and maintenance of a fully-functioning Oklahoma Spatial Data Infrastructure that supports governments, educational institutions, organizations, businesses and individuals in the State through better decision-making, service and responsiveness to the citizens.
(b) The state's pollution complaint data that is collected by various state agencies is a specific classification of geographic information that the Commission is charged with the responsibility of making this information accessible to the public. This is being accomplished through coordination with the various agencies and by creating and maintaining a central database for the purpose of reporting and making this information available to the public.
Added at 26 Ok Reg 804, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 35 - Coordination of Oklahoma's Geographic Information › Section 155:35-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Database or Data Base"
means a structured collection of data which is managed to meet the needs of a community of users..
"Council"
means the State Geographic Information Council.
"Geographic Database"
means a database designed to store, query and manipulate geographic information and spatial data.
"Geographic Information"
or
"Geospatial Data"
means any data or databases in which location or spatial distribution is an essential element, including, but not limited to, land, air, water, and mineral resources, the distribution of plant, animal, and human populations, real property interests, zoning and other land development regulations, and political, jurisdictional, ownership, and other artificial divisions of geography.
"Geographic Information System"
or
"GIS"
or
"Geographic Database System"
means a computer system(s) that allow the analysis of data or databases containing geographic information.
"Oklahoma Spatial Data Infrastructure"
means the technology, policies, and people necessary to promote geospatial data sharing throughout all levels of government, the private and non-profit sectors, and academia.
"Statewide Data"
means geographic information whose spatial extent is defined by the geographic boundary of the state of Oklahoma.
Added at 26 Ok Reg 804, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 35 - Coordination of Oklahoma's Geographic Information › Section 155:35-1-3 - State Geographic Information Council, Geographic Information Revolving Fund and Office of Geographic Information

Current through Vol. 41, No. 20, July 1, 2024
(a) State agencies have pursued using Geographic Information System (GIS) technology to support capturing, managing, manipulating, analyzing, and displaying spatially referenced data for solving complex planning and management problems since the early 1980's. Legislation in 1994 created the State Geographic Information System Council to coordinate the preparation of a Strategy for Developing a Geographic Information for the State of Oklahoma, focusing on, but not limited to, natural resources.
(b) In May of 1996 the Council presented to the Legislature a Geographic Information Systems (GIS) Strategy for the State of Oklahoma. Through volunteer efforts of Council member agencies many of the action items identified within the document have at least been partially implemented. However, due to the rapid adoption of GIS in decision-making and the accelerating availability of digital geographic information, legislation in 2004 expanded the membership of the Council as well as established the Office of Geographic Information to address the state's responsibility to efficiently coordinate the development and management of this critical infrastructure. This legislation removed the word "System" from the Council's title and increased the membership to 19 by adding representatives outside the natural resource arena.
(c) An important role of the Council and the Office of Geographic Information is to lead and encourage continued development and use of the Oklahoma Spatial Data Infrastructure (OSDI). The OSDI is modeled after the National Spatial Data Infrastructure (NSDI) and is, in fact, the Oklahoma component of the NSDI. In a sense, the Council can be viewed as the policy arm of geographic information coordination while the Office of Geographic Information is the implementor of that policy.
(d) The Conservation Commission will use its leadership position on the Council and the Office of Geographic Information to further develop the OSDI using the requirements and guidelines spelled out in 82 O. S. Ann. §§ 1501-205.1 - 205.3 for the betterment of the citizens of this state.
Added at 26 Ok Reg 804, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 35 - Coordination of Oklahoma's Geographic Information › Section 155:35-1-4 - Pollution complaint reporting system

Current through Vol. 41, No. 20, July 1, 2024
The Conservation Commission will utilize the requirements and responsibilities identified in 27 O. S. Ann. §§ 3-2-107 to develop and maintain a geographic database system for reporting and making available to the public pollution complaint information collected by state agencies that receive and manage such data. The Commission will coordinate with the agencies to develop a common system that can be easily accessed by the public as well as governmental agencies.
Added at 26 Ok Reg 804, eff 4-25-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 40 - Water Quality Programs › Section 155:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter was adopted for three purposes. The first and primary reason is to formally meet the statutory requirement for Water Quality Standards Implementation Plan development. The second reason is to formally declare the general plan whereby the Commission will conduct its assigned responsibilities for the state's Nonpoint Source Management Program. And finally, the Commission wishes to formally convey general programmatic policies regarding the Water Quality Division's Nonpoint Source Education and Outreach Program referred to as Blue Thumb.
Added at 26 Ok Reg 1018, eff 5-11-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 40 - Water Quality Programs › Section 155:40-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"319"
or
"319 program"
or
"Section 319"
or
"Section 319(h)"
means that section of the federal Clean Water Act dealing with nonpoint source pollution. Administered by the EPA, this section assists state and tribal nonpoint source programs with funding, technical support and programmatic guidance.
"Beneficial Uses"
means a classification of the waters of the state, according to their best uses in the interest of the public; these are assigned in OAC Title 785, Chapter 45, Oklahoma Water Quality Standards.
"Blue Thumb"
or
"BT"
means the Blue Thumb program.
"CWA" or "Clean Water Act"
means that section of the U.S. Federal Law known in familiar terms as the Clean Water Act.
"EPA"
means the Environmental Protection Agency.
"Nonpoint Source"
or
"NPS"
means nonpoint source pollution or a source of pollution without a well defined point of origin.
"OCC"
or
"Commission"
means the Oklahoma Conservation Commission.
"OWRB"
means the Oklahoma Water Resources Board.
"Water Quality Standards"
, when capitalized, means Chapter 45 of OAC Title 785, Oklahoma Water Quality Standards. Whenever this term is not capitalized or is singular, it means the most stringent of the criteria assigned to protect the beneficial uses designated for a specified water of the State.
"Water Quality Standards Implementation Plan"
or
"WQSIP"
means a Water Quality Standards Implementation Plan developed and promulgated by a state environmental agency as required by 27A O.S. § 1-1-202 .
Added at 26 Ok Reg 1018, eff 5-11-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 40 - Water Quality Programs › Section 155:40-1-3 - Water Quality Standards Implementation Plan

Current through Vol. 41, No. 20, July 1, 2024
Subsection B of Section 1-1-202 of Title 27A of the Oklahoma Statutes specifies that each state environmental agency shall promulgate a Water Quality Standards Implementation Plan (WQSIP) for its jurisdictional areas of environmental responsibility. The rules in this chapter are in direct fulfillment of this requirement.
(1) In fulfillment of the statutory mandate for a WQSIP, the OCC hereby adopts by reference a WQSIP policy document (dated December 22, 2008) on file and available via the OCC website, the OCC office, and the OCC Water Quality Division office. This document has undergone extensive review and comment by the Commission, OWRB, and the WQSIP working group comprised of members of other agencies required to produce the document.
(2) In accordance with the statutory mandate for WQSIP, the OCC will review the WQSIP policy document at least every three years from the promulgation of this rule to determine whether revisions are necessary. The OCC WQSIP policy document review will comprise both an intra-agency review and edit (as necessary), which will be followed by a peer review and comment process through the WQSIP working group or similar review panel.
(3) As a general statement of agency policy, programs and activities within the Oklahoma Conservation Commission (OCC) will be managed and conducted to protect the beneficial uses of the state's waters and to maintain water quality standards, including enforcement of the anti-degradation clause specified therein.
Added at 26 Ok Reg 1018, eff 5-11-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 40 - Water Quality Programs › Section 155:40-1-4 - Nonpoint Source Management Plan

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Statutes, §27A-1-3-101, Subsection F assigns to the Oklahoma Conservation Commission (OCC) multiple jurisdictional areas of environmental responsibility. Several of these delegations deal with nonpoint source pollution (NPS). The purpose of this chapter is to declare the plan whereby the OCC will conduct its assigned responsibilities for the state's NPS program.
(1) The OCC is declared the state's technical lead agency for NPS categories as defined in Section 319 of the Federal Clean Water Act (319 program) or other subsequent federal or state nonpoint source programs, except for activities related to industrial and municipal stormwater or as otherwise provided by state law. As such, the OCC is responsible to monitor, evaluate, and assess waters to determine the condition of streams and rivers being impacted by NPS pollution and conduct NPS management programs and activities to abate it.
(2) Section 319(h) of the CWA authorizes funding support to implement an NPS program. States must have an EPA approved NPS Management Program Document to receive this funding, and this document must clearly describe the elements and activities of the NPS Program. Pursuant to its statutory assignments and in accordance with the 319 program mandate, the OCC drafted and hereby adopts by reference Oklahoma's Nonpoint Source Management Program and Nonpoint Source Assessment Report which describes the processes by which the State addresses NPS pollution in its waters. This document is on file and available via the OCC website, the OCC office, and the OCC Water Quality Division office.
(3) Oklahoma's Nonpoint Source Management Program document is amended periodically as needed and includes participation and review by the State NPS Working Group, a broader instate review and comment period by state environmental agencies, a public review and comment period, and a final review and approval by EPA necessary to obtain 319 funding.
Added at 26 Ok Reg 1018, eff 5-11-09
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 1 - General Provisions › Section 155:45-1-1 - Purpose and Authority

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are promulgated for the purpose of establishing and administering the Oklahoma Controlled Burn Indemnity Fund, pursuant 2 O.S. §
									16-28.3. This program will provide landowners, who perform properly planned and executed controlled burns, compensation for eligible losses incurred from a fire that spreads beyond the control of the burner except for losses covered by insurance.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 1 - General Provisions › Section 155:45-1-2 - Program intent

Current through Vol. 41, No. 20, July 1, 2024
Participation in this program is voluntary and does not in anyway preclude or prevent a person from conducting a lawful burn pursuant to 2 O.S. §§
									16-24.1 and 16-28.1. The intent of the program is to encourage the use of prescribed fire to manage grasslands for brush encroachment and maximum forage production in a manner and to a level of completion which will protect the public health, safety and welfare and minimize damage to the environment and property.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 1 - General Provisions › Section 155:45-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms when used in this chapter shall have the following meaning unless the context clearly indicates otherwise:
"Applicant"
means a person making an application.
"Application"
means a petition or any written request for authority, approval, determination, permission, or other Commission action or relief pursuant to these rules. An application also includes the standard state form for applying for pre-qualification, including any supplemental materials, additions, revisions, or modifications to the forms.
"Claim"
means a properly submitted petition or written request for the investigation, determination, verification, approval, or other Commission action for payment from the Fund to person's suffering losses determined eligible for payment pursuant to these rules. A claim includes the standard state form for payment from the Fund, and shall also include any supplemental materials, additions, revisions, attachments, or modifications.
"Commission"
means the Oklahoma Conservation Commission.
"Controlled burn or burning" or "prescribed burn or fire"
means the act of utilizing fire for land management purposes for which advance preparations are made to limit the spread of fire onto adjoining lands.
"Controlled Burn Plan"
means a detailed document prepared with the assistance of the local conservation district and the NRCS based on NRCS guidelines for the purpose of planning the appropriate precautionary safety measures to insure that a controlled burn is contained to a predetermined area.
"Fund"
means the Controlled Burn Indemnity Fund.
"Landowner"
means any and all persons who holds title to the property on which a controlled burn is to be conducted. It also includes a consortium, a joint venture, a commercial entity, and the United State Government.
"NRCS"
means the Natural Resource Conservation Service of the United states Department of Agriculture.
"Person"
means any institution, individual, public or private corporation, partnership, proprietorship, association, firm, company, limited partnership, limited liability company, joint venture, public trust, joint-stock company, syndicate, trust, organization, estate, governmental entity, tribe, or any other legal entity or an agent, employee, representative, assignee or successor.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 1 - General Provisions › Section 155:45-1-4 - Informal complaint process

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may complain to the Commission about any matter regarding this program under the Commission's authority. A complaint shall be in writing, and it shall include the following information:
(1) The name, address, and telephone number of the person making the complaint;
(2) The name, address, and telephone number of the organization the person represents, if applicable;
(3) The name, address, telephone number, and title of any representative of the person filing the complaint;
(4) A brief, clear description of each charge, problem, or issue that is the basis for the complaint including names, dates, places, and actions;
(5) The numbers and headings of the laws and rules that may apply;
(6) The remedy, if any, the person making the complaint seeks;
(7) The signature of the person making the complaint; and
(8) The date of the complaint.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 3 - Pre-Qualifying Application Process › Section 155:45-3-1 - Application

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pre-qualification.
To pre-qualify for coverage under the Program an applicant must apply to the Program prior to performing the prescribed burn.
(b)
Obtaining an application.
An applicant may obtain an application from the Commission.
(c)
Contents.
Applications shall be submitted on a form provided or in a format designated by the Commission. The application shall contain, at a minimum, the following information:
(1) The name, address, and phone number of the applicant;
(2) A copy of the applicable controlled burn plan;
(3) Statement clarifying applicant's authority to apply a lawful burn to the property;
(4) A statement, signed by the title holder of the property, that acknowledges awareness of the controlled burn plan and applicant's intent to utilize fire on the property; and
(5) Any other records or documents requested by the Commission.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 3 - Pre-Qualifying Application Process › Section 155:45-3-2 - Commission action on applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Approval.
When the Commission is satisfied that all requirements for pre-qualification have been met, then an approval letter shall be issued to the applicant.
(b)
Denial.
Any denial of an application shall be stated in a denial letter and provided to the applicant, along with the reasons that the application was denied. The denial letter shall also advise the applicant of their right of appeal.
(c)
Withdrawal
. Any application may be withdrawn by the applicant at any time by submitting a written request to the Commission. The applicant's application will be automatically withdrawn upon receipt of the request by the Commission. Any fees paid in connection with any application that is later withdrawn under this rule shall not be refunded to the applicant.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-1 - Qualification for claim coverage

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pre-approval.
The applicant must have received an approval letter from the Commission prior to conducting the prescribed burn.
(b)
Implementation of burn plan.
The applicant must have strictly adhered to the pre-approved controlled burn plan.
(c)
Losses.
Applicant must have unintentionally lost control of the fire resulting in losses to another person's property not already covered by insurance.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-2 - Claims

Current through Vol. 41, No. 20, July 1, 2024
(a)
Obtaining a claim form.
Claimants may obtain a claim form from the Commission.
(b)
Contents.
Claims shall be submitted on a form provided or in a format designated by the Commission. The claim shall contain, at a minimum, the following information:
(1) Copy of the pre-approved Controlled Burn Plan with supporting documents and other information verifying compliance of the plan at the time of the controlled burn;
(2) Copy of the pre-qualification approval letter;
(3) Detailed description and summary of the burn event resulting in the filing of the claim;
(4) Non-Ownership/Participation Affidavit;
(5) Losses statement along with an itemized list of the losses;
(6) Any and all documentation and photos showing and verifying the losses;
(7) List of insurance policies or other financial mechanisms that could
(8) Information deemed by the Commission to substantiate a claim of a person suffering a loss other than the applicant/claimant; and
(9) Any other information requested by the Commission when deemed warranted supporting the verification of the claim.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-3 - Filing period

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time to file.
A claimant must submit the claim to the Commission within sixty (60) calendar days of the damage or loss. If the claim of loss is not presented within the time and in the manner required, the claim shall be forever barred and denied and the landowner shall forfeit all rights to remuneration or payment.
(b)
Extension request.
A claimant may request in writing an additional sixty (60) calendar day extension for filing the claim to the Commission. The extension request must be received by the Commission at least ten (10) calendar days before the end of the original sixty (60) days and it must show that the claimant was not provided notification and reasonable time to file the claim.
(c)
Extension request review.
Upon receipt of the extension request the Commission shall review the request and make a determination in writing as to its approval or denial within five (5) calendar days. Any denial of an extension request shall include the reasons that the request was denied.
(d)
Withdrawal
. Any claim may be withdrawn by a claimant at any time by submitting a written request to the Commission. The claim will be automatically withdrawn upon receipt of the request by the Commission.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-4 - Eligible losses

Current through Vol. 41, No. 20, July 1, 2024
Eligible losses include but are not limited to the following:
(1) Vehicles and equipment;
(2) Buildings and structures;
(3) Personal Property;
(4) Crops;
(5) Pasture/grass;
(6) Animals (excluding wildlife);
(7) Hay;
(8) Fences;
(9) Other appurtenances;
(10) Veterinary bills for injury to animals; and
(11) Other losses as determined by the Commission.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-5 - Non-eligible losses

Current through Vol. 41, No. 20, July 1, 2024
Non-eligible damages include but are not limited to the following:
(1) Controlled burns on state or federal lands or conducted by state or federal governments;
(2) Any person who has received, or is eligible, for reimbursement from any other state or federal agency, insurance company, or third party payor for losses claimed;
(3) Loss of time;
(4) Loss of business;
(5) Smoke damage;
(6) Loss of wildlife habitat;
(7) Injury to or loss of human life;
(8) Any damages or punitive damages awarded against claimant or applicant in any legal proceeding;
(9) Attorney or legal fees;
(10) Losses from an unapproved controlled burn; and
(11) Other losses as determined by the Commission.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-6 - Commission action on claims

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of a claim the Commission shall investigate and verify the claim using protocols established by or approved by the Commission and issue a determination in writing of the losses eligible for payment under the Fund within ninety (90) calendar days. If more time is needed to make a determination then the Commission shall notify a claimant of the need and indicate in writing the new estimated date for determination of the claim.
(b) The Commission shall pay from the Fund all persons suffering eligible losses as soon as practicable and not later than one (1) year following the date that the claim was filed.
(c) The price of losses per acre of land shall be established on the day of the loss and shall be for the full market value on that day.
(d) If there is an insufficient amount of funds in the Fund to cover all claims for a certain year, payments shall be made on a pro rata basis up to one hundred percent (100%) of the total loss to each person.
(1) If payment is not received in the amount of one hundred percent (100%) of total loss for a certain year, then additional amounts shall be paid as funds become available in succeeding years until repayment of one hundred percent (100%) of total loss is attained.
(2) If, at any time, a person receives payment totaling more than one hundred percent (100%) of total loss, the excess payment shall be returned to the Fund within thirty (30) days.
(3) Upon final payment of a claim from the Fund, the person receiving the payment shall subrogate the interest to the Conservation Commission in a cause of action against any and all parties, to the amount of loss that the person was reimbursed by the Fund.
Oklahoma Administrative Code › Title 155 - Oklahoma Conservation Commission › Chapter 45 - Controlled Burn Indemnity Fund › Subchapter 5 - Claims Process › Section 155:45-5-7 - Withholding payment

Current through Vol. 41, No. 20, July 1, 2024
The Commission may withhold payment from the Fund if any of the following apply:
(1) Offsetting charges;
(2) Conflicting, duplicate or unclear assignments;
(3) Subrogation of payments;
(4) Pending legal action pertaining to the payment of claims;
(5) Clarification of possible third party payors; or
(6) Investigation or pending investigation of suspected illegal or improper activity.
Added at 27 Ok Reg 2483, eff 8-2-10
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 1 - Description of Organization › Section 158:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) These rules
				implement the Administrative Procedures Act, 75 O.S. §
									250, et
				seq ., as amended ("APA"). These rules govern formal proceedings of the
				Construction Industries Board and may be supplemented by procedural rules
				within a particular departmental division or unit area. Informal proceedings
				may be held as announced by the Construction Industries Board or as agreed with
				any person or entity.
(b) These
				rules are adopted to simplify procedure, avoid delays, save reduce expenses,
				and facilitate the administration of the Construction Industries Board Act of
				Oklahoma and all other regulatory laws and rules administered by the
				Construction Industries Board. To that end, the provisions of these rules shall
				be given a fair and impartial construction.
Added at 19 Ok Reg 1243, eff 2-1-02 (emergency) ; Added at
					 19 Ok Reg 1258, eff 5-28-02 ; Amended at 30 Ok Reg 1530, eff
					 7-11-13
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 1 - Description of Organization › Section 158:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context otherwise requires, singular words shall
				  be deemed to include the plural, and masculine words to include the feminine,
				  and vice versa. The following words or terms, when used in this Chapter, shall
				  have the following meaning unless the context clearly indicates
				  otherwise:
"Act"
means the Construction Industries Board
				  Act as found at 59 O.S. § 1000.1,
et seq
.
"Administrator"
means the Administrator of the
				  Board as described in the Act.
"Administrative Law Judge"
means a person
				  appointed by the Construction Industries Board to conduct an individual hearing
				  under the Administrative Procedures Act and may be an employee or a private
				  attorney with whom the Construction Industries Board has a contract for
				  services, who may also be referred to as a hearing examiner or a hearing
				  officer.
"Board"
means the Oklahoma Constructions
				  Industries Board.
"Employees"
means the administrative staff of
				  the Board referenced in 59 O.S. 2011 § 1000.4(B)(5) who were previously
				  codified as unclassified employees in Senate Bill 354, effective July 1,
				  2001.
"Petition"
means a pleading initiating an
				  individual proceeding under the Administrative Procedures Act and may be in the
				  form of an individual petition or a citation.
"Respondent"
means the person(s) or legal
				  entity(ies) named in a petition for an individual proceeding, against whom
				  relief is sought.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02; Amended at 24 Ok
				  Reg 1210, eff 5-25-07
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 1 - Description of Organization › Section 158:1-1-3 - Organization

Current through Vol. 41, No. 20, July 1, 2024
The employees of the Board shall be unclassified, organized
				  and divided into such divisions or units, as the Board deems desirable for
				  efficiency. Such organization and division may be revised by the Board as it
				  finds necessary or expedient. Copies of the organizational chart are available
				  upon request to the Office of the Administrator.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 1 - Description of Organization › Section 158:1-1-4 - Administrator

Current through Vol. 41, No. 20, July 1, 2024
(a)
Appointment and term.
The Construction Industries Board shall hire
				the Administrator.
(b)
Removal.
The Board may, by majority vote, terminate the employment
				of the Administrator.
(c)
Duties.
The duties of Administrator shall include, but are not
				limited to:
(1)
Keep a record of all
				proceedings of the Board and certify to actions of the
				Board
;
(2)
oversee
				the receipt and deposit of all monies received by the Board in the appropriate
				revolving funds
;
(3)
submit, at the first regular meeting of the Board after the end of each
				fiscal year, a full itemized report of the receipts and disbursements for the
				prior fiscal year, showing the amount of funds on hand
;
(4)
perform such other duties as are
				prescribed in this act or as may be prescribed by the Board;
				and
,
(5)
assist
				the Construction Industries Board in the performance of its duties and shall
				report directly to the Board.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-1 - Address

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Board is 2401 N.W. 23rd, Suite,
				  2F, Oklahoma City, Oklahoma 73107.
Added at 19 Ok Reg 1243, eff 2-1-02 (emergency) ; Added at
					 19 Ok Reg 1258, eff 5-28-02 ; Amended at 21 Ok Reg 760, eff 4-26-04 ; Amended
					 at 30 Ok Reg 1530, eff 7-11-13
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-2 - Office hours

Current through Vol. 41, No. 20, July 1, 2024
Office hours are from 8:00 a.m. to 4:30 p.m., unless
				  otherwise designated by the Administrator, each day except Saturday and Sunday
				  and legal holidays established by statute or by the Governor.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff 5-28-02; Amended at 23 Ok
				  Reg 1211, eff 5-25-06
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-3 - Writing to the Board

Current through Vol. 41, No. 20, July 1, 2024
Written communication to the Board shall be addressed to the
				  Administrator at the principal office.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-4 - Board statements, orders and forms

Current through Vol. 41, No. 20, July 1, 2024
All records not privileged from disclosure by law are
				  subject to the provisions of the Oklahoma Open Records Act, 51 O.S. §
									24A.1,
et seq
. Copies will be provided upon payment of a fee as
				  allowed under the Oklahoma Open Records Act.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-6 - Administrative Law Judges and clerks

Current through Vol. 41, No. 20, July 1, 2024
(a)
Administrative Law Judge.
The Administrator may designate a person to serve as anAdministrative Law Judge
				for any proceeding properly filed with the Board. Administrative Law Judges
				shall be familiar with the rules of procedure and generally familiar with the
				substantive rules governing the matter, and shall not have had prior
				involvement in the matter other than as an Administrative Law Judge. The
				Administrative Law Judge so designated shall have full authority to conduct all
				aspects of the hearing.
(b)
Hearing clerks.
The Administrator shall designate a person to
				serve as hearing clerk for the Board. The clerk shall maintain the
				administrative hearing files and dockets.
(c)
Authority.
The
				Administrative Law Judge shall have complete authority to conduct the
				proceedings and may take any action not inconsistent with the provisions of the
				rules of this Chapter or of the APA for the maintenance of order at hearings
				and for the expeditious, fair, and impartial conduct of the proceedings. The
				Administrative Law Judge may also:
(1)
				arrange and issue notice of the date, time and place of hearings and
				conferences;
(2) establish the
				methods and procedures to be used in the presentation of the
				evidence;
(3) administer oaths and
				affirmations;
(4) regulate the
				course of the hearing and govern the conduct of participants;
(5) examine witnesses;
(6) rule on, admit, exclude and limit
				evidence;
(7) establish the time
				for filing motions, testimony, and other written evidence, briefs, findings,
				and other submissions, and hold the record open for such purposes;
(8) rule on motions and other pending
				procedural matters; and
(9) divide
				the hearing into stages or combine interests of parties whenever the number of
				parties is large or the issues are numerous and complex.
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-7 - Requesting individual proceedings and rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a)
APA governs.
The
				Administrative Procedures Act, 75 O.S. §
									250, et
				seq et ., governs individual proceedings and rulemaking undertaken by the
				Board.
(b)
Petitions.
All initial requests for hearings or other adjudicatory, declaratory or
				rulemaking action of the Board should be made in the form of a petition, unless
				otherwise provided by specific statute or rule.
(c)
Petitioner(s).
The Board or
				the Administrator, and other petitioners when authorized by law, may initiate
				petitions for individual proceedings and for rulemaking.
(d)
Motions.
All requests for
				action in a matter already before the Board shall be made in the form of a
				motion.
(e)
Must state reason
				and sign.
All requests must state clearly and with specificity the
				reason and basis for the request, and the action or relief sought. The request
				shall be signed by the person presenting the same, or his attorney pursuant to
				75 O.S. §
									310(5),
				and in all cases shall include the signer's address and phone number.
(f)
Where filed.
All requests
				shall be filed with the hearing clerk.
(g)
Response.
The Board or the
				Administrator shall timely respond to such petitions or motions, either by
				initiating proceedings or by denying the request in writing. The Administrator
				may refer rulemaking petitions, and petitions requesting declaratory rulings on
				the applicability of any rule, to appropriate advisory councils and committees
				for their recommendations, and shall do so when required by statutes. Any
				petition for rulemaking will be deemed to be denied if the Administrator has
				not initiated rulemaking proceedings within thirty (30) calendar days after the
				petition is filed with the hearing clerk.
Added at 19 Ok Reg 1243,
				  eff 2-1-02 (emergency); Added at 19 Ok Reg 1258, eff
				  5-28-02
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-8 - Fee for dishonored checks

Current through Vol. 41, No. 20, July 1, 2024
The Construction Industries Board may charge and collect a
				  fee of $25.00 from any licensee, registrant or other obligor of a fee, fine, or
				  other payment for each return by a bank or other depository institution of a
				  dishonored check, negotiable order of withdrawal or share draft issued by the
				  licensee, registrant or other obligor.
Added at 26 Ok Reg 2448,
				  eff 7-11-09
Oklahoma Administrative Code › Title 158 - Construction Industries Board › Chapter 1 - Procedures of the Oklahoma Construction Industries Board › Subchapter 3 - General Operation and Procedures › Section 158:1-3-10 - Acceptance of Military education, training, and experience toward qualification for licensure or endorsement examination

Current through Vol. 41, No. 20, July 1, 2024
(a)
Licensure or endorsement - military service.
The Board shall, upon
				satisfactory evidence of substantially equivalent education, training and
				experience by an applicant for licensure, registration, or endorsement, accept
				the education, training and experience completed by the applicant as a member
				of the Armed Forces or Reserves of the United States, National Guard of any
				jurisdiction, the Military Reserves of any jurisdiction, or the Naval Militias
				of any jurisdiction, and apply it in the manner most favorable toward
				satisfying the applicant's qualifications for examination and license or
				endorsement issuance.
(1) An applicant
				applying under this paragraph must complete and submit the following:
(A) Appropriate application(s).
(B) Satisfactory evidence of education,
				training and experience obtained by the applicant as a member of the military
				Armed Forces or Reserves of the United States.
(C) License, registration, or endorsement
				certification(s) from jurisdiction(s) in which the applicant has held or
				currently holds a license, registration, or endorsement, if applicable.
(D) Criminal history background
				application, finger print card and fee, if applicable.
(E) Successful completion of the appropriate
				examination.