reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 1 - Administrative Operations › Section 185:1-1-12 - Testimony of witness

Current through Vol. 41, No. 20, July 1, 2024
If the claimant wishes to present testimony of others in support of his/her claim, the claimant shall comply with the following procedure:
(1) Complete appropriate information on Invitation to Appear form including names and addresses of witnesses, telephone numbers, and nature of testimony.
(2) In an appeal of a Board decision, the witnesses' names, addresses, telephone numbers and nature of testimony must be included in the letter from the claimant stating his/her desire to appeal.
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 1 - Administrative Operations › Section 185:1-1-13 - Subpoena of witnesses and/or records and documents

Current through Vol. 41, No. 20, July 1, 2024
If the claimant wishes to have the Board issue subpoenas on his/her behalf either at the time of the initial Board consideration of the claim or at the time of appeal, the claimant shall:
(1) Indicate on the Invitation to Appear form that you wish to have witnesses subpoenaed on your behalf.
(2) In an appeal, the claimant must state whether he/she wishes the Board to subpoena any witnesses. In order to preserve the Victims Compensation Revolving Fund for its intended use, the Board will not be responsible for paying witness fees.
(3) If the claimant requests subpoenas be issued to witnesses, it will be the responsibility of the requesting party to deliver the subpoenas. If witnesses are unable to appear, it shall be the decision of the claimant as to whether or not the claim is considered as scheduled, or passed to the next regular meeting.
(4) In order to allow sufficient time for the Board to issue subpoenas and for service to be obtained on the witness, the claimant must deliver the completed request for a subpoena to the Board office no later than seven (7) working days prior to the hearing or appeal.
Amended at 11 Ok Reg 1153, eff 2-28-94
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 1 - Administrative Operations › Section 185:1-1-14 - Initial Board consideration

Current through Vol. 41, No. 20, July 1, 2024
Any Board member may question the claimant and claimant's witnesses at any time during the hearing. The Board may also limit the time for witnesses testimony and or discussion. The procedure for claim consideration and Board decision will be as follows:
(1) Chairperson announces the claim to be considered.
(2) The Administrative Staff or Victim-Witness Coordinator answers any questions the Board may have relative to the facts of the case.
(3) Claimant and/or counsel presents testimony (if present).
(4) Board questions claimant and/or counsel.
(5) Claimant and/or counsel presents witnesses (if present).
(6) Board questions witnesses.
(7) The Board goes into executive session, as necessary, for discussion of confidential information.
(8) Board renders decision.
Amended at 11 Ok Reg 1153, eff 2-28-94; Amended at 22 Ok Reg 1062, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 1 - Administrative Operations › Section 185:1-1-16 - Filing of support statements

Current through Vol. 41, No. 20, July 1, 2024
If a claimant wishes to file a written statement regarding a claim, which was not attached to the claim submitted to the Board, the claimant's name and claim number shall be written at the top, right hand corner of each page and submitted to the Administrator at least ten (10) days prior to the Board meeting wherein the claim is to be considered.
Amended at 11 Ok Reg 1153, eff 2-28-94; Amended at 22 Ok Reg 1062, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 1 - Administrative Operations › Section 185:1-1-17 - Claimant notification of Board decision

Current through Vol. 41, No. 20, July 1, 2024
Claimants will be mailed a decision and order within twenty (20) calendar days of the meeting wherein the decision is rendered.
Amended at 11 Ok Reg 1153, eff 2-28-94; Amended at 22 Ok Reg 1062, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 1 - Administrative Operations › Appendix A - Invitation to Appear [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg 1153, eff 2-28-94; Revoked at 19 Ok Reg 2640, eff 7-25-02
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S. 250 et seq. The purpose of the Board shall be to hear and decide matters relating to the Crime Victims Compensation claims. The Board or administrator shall award compensation to victims of crime for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 22 Ok Reg 1064, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-2 - Title of the Act

Current through Vol. 41, No. 20, July 1, 2024
The title of the Act under which the rules of this Chapter are being promulgated is known as the Oklahoma Crime Victims Compensation Act, hereinafter referred to as the Act. It is codified in the Oklahoma Statutes as Title 21 O.S. 142.1 et seq. as amended.
Amended at 11 Ok Reg 1157, eff 2-28-94
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-5 - Types of compensation available

Current through Vol. 41, No. 20, July 1, 2024
Compensation is available for economic loss sustained by a victim or dependent arising from criminally injurious conduct of another. Economic loss would include: Allowable expenses (i.e. medical, psychiatric, dental, optical, rehabilitation; work loss, caregiver work loss, replacement services loss; and, if injury causes death, expenses related to burial or cremation, crime scene clean up, economic loss and replacement services loss of a dependent, vehicle impound fees. Future economic loss is also compensable but may be reduced or discontinued if recipients circumstances change. Compensation is limited to the amounts set forth by Statute.
Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 19 Ok Reg 2646, eff 7-25-02; Amended at 25 Ok Reg 1900, eff 6-26-08
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-7 - Garnishment and assignment of award

Current through Vol. 41, No. 20, July 1, 2024
(a) An award shall not be subject to execution, attachment, garnishment or other process, except for child support and further, except that an award for allowable expense shall not be exempt from a claim of a creditor to the extent such creditor has provided products, services or accommodations, the costs of which are included in the award.
(b) An assignment by the claimant to any future award is unenforceable, except:
(1) For work loss to assure payment of court-ordered alimony, maintenance or child support; or
(2) For allowable expense to the extent that the benefits are for the cost of products, services or accommodations necessitated by the injury or death.
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-9 - Advance (emergency) award of compensation

Current through Vol. 41, No. 20, July 1, 2024
In the event a claimant requests advance claim consideration or requests an emergency award, the Administrator shall review said request and determine, based on the evidence of hardship so written and described, whether or not the claim shall be expedited and placed on the next Board docket. If the claim is expedited, the Board may review the claim for an emergency award, provided that elements of eligibility appear met, and out-of-pocket loss is verified. The decision of the Administrator as to whether or not a claim is expedited for Board review is not appealable. Notice requirements may be waived with written consent of the claimant.
Amended at 11 Ok Reg 1157, eff 2-28-94
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-10 - Appeals procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) In the event a claim for compensation is denied, the Crime Victims Compensation Board staff shall notify the claimant within twenty (20) days.
(b) The claimant shall have the right to appeal and may do so by notifying the Crime Victims Compensation Board Administrator, in writing, of the intent to appeal within thirty (30) calendar days of the date of the notification letter setting forth the Board or administrative decision.
(c) If the claimant is not satisfied with the decision, he/she shall then be entitled to a hearing before the Board. The hearing shall be held within one hundred twenty (120) calendar days of the date of the notice from the claimant stating intent to appeal.
(d) In an appeals hearing, all parties shall be afforded an opportunity to appear and be heard. A record of the proceedings shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the Board. Transcription requests must be made within sixty (60) days of proceeding.
(e) The Board may, without a hearing, settle a claim by stipulation, agreed settlement, consent order or default.
(f) The Board shall render its decision in writing, relative to the appeal within twenty (20) calendar days of the hearing.
(g) In the event the claimant remains dissatisfied with the decision of the Board subsequent to the appeals hearing, the claimant may file a petition with the District Court of Oklahoma County or in the county wherein the claimant currently resides.
Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 22 Ok Reg 1064, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-11 - Subrogation rights of the Board

Current through Vol. 41, No. 20, July 1, 2024
Upon an award of compensation by the Board or administrator, the Board shall be subrogated to the rights of the claimant to the extent of the award.
Amended at 11 Ok Reg 1157, eff 2-28-94; Amended at 19 Ok Reg 2646, eff 7-25-02; Amended at 22 Ok Reg 1064, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-12 - Penalty for false claims

Current through Vol. 41, No. 20, July 1, 2024
The filing of a false claim for compensation pursuant to the Oklahoma Crime Victims Compensation Act shall constitute a misdemeanor, and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the county jail for a term not to exceed one (1) year, or by both such fine and imprisonment.
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-14 - Life insurance as a collateral source [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 1157, eff 2-28-94; Revoked at 22 Ok Reg 1064, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 10 - Crime Victims Compensation Program › Section 185:10-1-15 - Prorating expenses

Current through Vol. 41, No. 20, July 1, 2024
In the event the expenses submitted by the claimant exceed the maximum allowable award, the Board may or may not prorate an award evenly.
Added at 11 Ok Reg 1157, eff 2-28-94
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Sexual Assault Examination Fund is to provide the victim of sexual assault with a forensic medical examination for the procurement of evidence to aid in the investigation and prosecution of a sexual assault offense and to provide to the victim medications as directed by the medical authority conducting the examination. Medications provided to the victim by the medical authority conducting the examination may only be provided to said victim on a one-time initial basis for the immediate trauma and medical examination of said victim. In no event shall payment from the Sexual Assault Examination Fund exceed the statutory maximum. The effective date of the Act authorizing the Sexual Assault Examination Fund was July 1, 1981.
Amended at 9 Ok Reg 3301, eff 8-15-92
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-2 - 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.
"Fund"
means the Sexual Assault Examination Fund as established in Title 21 of the Oklahoma Statutes, Sections 142.19 and 142.20.
"Qualified Registered Nurse"
To be considered qualified to perform a forensic sexual assault examination and receive payment through the Sexual Assault Examination Fund, Registered Nurses must be registered with the State Board of Nurse Registration and receive at least 40 hours of in-service training in the field of forensic evidence collection and rape trauma.
"Sexual assault"
means:
(A) rape or rape by instrumentation, as defined in Title 21 of the Oklahoma Statutes; or
(B) forcible sodomy, as defined in Title 21 of the Oklahoma Statutes.
"Sexual assault forensic examination"
means procedures performed by a physician or a Qualified Registered Nurse to collect from the body of the victim, evidence of the sexual assault. This may include vaginal swabbing, vaginal wash, taking of blood samples, pubic combing, and any other procedures requested by the investigating law enforcement agency to obtain evidence of the crime of sexual assault.
Amended at 9 Ok Reg 3301, eff 8-15-92; Amended at 19 Ok Reg 2649, eff 7-25-02; Amended at 22 Ok Reg 1069, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-3 - Application by victim

Current through Vol. 41, No. 20, July 1, 2024
(a) In order to be eligible for payment by the fund for expenses of a sexual assault forensic examination, the victim of the crime must sign, prior to the examination, the portion of the Official Sexual Assault Examination Application provided by the Oklahoma Crime Victims Compensation Board. If the victim is under the age of 18, or under the supervision of a legal guardian, the parent or guardian of the victim must sign the application form.
(b) The victim's application must be accompanied by a copy of an itemized statement from the medical facility where the examination was conducted and/or from the Physician or Qualified Registered Nurse, if applicable.
(c) Should medications be prescribed by the medical authority conducting the sexual assault examination, a receipt will be required prior to reimbursement of said medication. Medication fees may be included in the hospital bill, providing the medication was dispensed at the hospital.
Amended at 9 Ok Reg 3301, eff 8-15-92; Amended at 19 Ok Reg 2649, eff 7-25-02; Amended at 22 Ok Reg 1069, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-4 - Duties of the physician or qualified registered nurse

Current through Vol. 41, No. 20, July 1, 2024
(a) The physician or qualified registered nurse who conducts the forensic examination of the victim must complete and sign the portion of the Official Application for Sexual Assault Examination Payment designated ". Examining Physician or Qualified Registered Nurse."
(b) The physician or qualified registered nurse is responsible for collecting the evidence in a professional manner and preserving the evidence for shipment to a law enforcement forensic laboratory in the manner designated by the law enforcement officer in charge of investigating the sexual assault of the victim.
Amended at 9 Ok Reg 3301, eff 8-15-92; Amended at 19 Ok Reg 2649, eff 7-25-02; Amended at 22 Ok Reg 1069, eff 5-26-05
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-5 - Duties of the District Attorney [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg 3301, eff 8-15-92; Amended at 19 Ok Reg 2649, eff 7-25-02; Amended at 22 Ok Reg 1069, eff 5-26-05; Revoked at 25 Ok Reg 1904, eff 6-26-08
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-6 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
(a) The payment of a sexual assault examination will be made, regardless of whether the victim is medically insured.
(b) In order to provide anonymity to the sexual assault victim and maintain confidentiality, any victim who has obtained a forensic sexual assault examination, will not be required to provide information to the Board relative to employment or insurance; and, shall not be required to file a claim with any private insurance company for the payment of a forensic sexual assault examination.
(c) If the victim or claimant chooses to file an insurance claim for the sexual assault examination, reimbursement should be made to the Sexual Assault Examination Fund upon payment from the insurance company.
(d) For sexual assault exams performed on adults and children, Medicaid or any other federally funded program is considered a collateral source and payment will not be made unless the denial of benefits is provided.
Amended at 9 Ok Reg 3301, eff 8-15-92; Amended at 22 Ok Reg 1069, eff 5-26-05; Amended at 25 Ok Reg 1904, eff 6-26-08
Oklahoma Administrative Code › Title 185 - Crime Victims Compensation Board › Chapter 15 - Sexual Assault Examination Fund › Section 185:15-1-7 - Limitation of payment by the fund

Current through Vol. 41, No. 20, July 1, 2024
(a) In all cases, the maximum payment by the fund for any one forensic sexual assault examination shall not exceed the statutory maximum.
(b) Payments from the Fund shall be made directly to the medical facility where the examination was performed.
(c) Under no circumstances shall the Fund make any payment for the expenses of medical treatment of the victim, or for any other expense other than the expense of the forensic sexual assault examination, unless authorized by statute.
(d) In the event there is a fee from the physician or a qualified registered nurse, as well as a bill from the hospital, the statutory maximum shall be prorated between both service providers if both bills are submitted at the same time.
Amended at 9 Ok Reg 3301, eff 8-15-92; Amended at 22 Ok Reg 1069, eff 5-26-05
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 1 - Organization, Operation, and Purposes › Subchapter 1 - Purpose and Definitions › Section 195:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Board of Dentistry is a constitutionally created
				  and statutorily codified Board created for the purposes specified within 59
				  O.S. § 328.1 et. seq., the State Dental Act.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 1 - Organization, Operation, and Purposes › Subchapter 1 - Purpose and Definitions › Section 195:1-1-2 - Board authority and purposes, composition and duties, quorum

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon statehood, the Board of Dentistry
				was created in Article 5 section 39 and required to be statutorily codified.
				The Oklahoma legislature has declared in 59 O.S. § 328.2 that dentistry in
				the state of Oklahoma affects the public health safety and welfare of its
				citizens. This Boardis duty bound by the Constitution and legislature to
				protect the public health, safety and welfare of all the people of Oklahoma
				through the powers vested in the Board as listed in 59 O.S. § 328.1 et.
				seq.
(b) The Oklahoma legislature
				has authorized and empowered the Board to enact Rules as may be necessary to
				regulate the practice of Dentistry, pursuant to 59 O.S. §
				328.15.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 1 - Organization, Operation, and Purposes › Subchapter 1 - Purpose and Definitions › Section 195:1-1-3 - Rules promulgated by the Board

Current through Vol. 41, No. 20, July 1, 2024
In keeping with its authority and purposes, this Board has
				  promulgated separate schedules of rules which are: Internal Operation and
				  Procedure; Examination and Licensing of Dentists, Dental Hygienists, and Dental
				  Specialists; Rules and Regulations for Dental Assistants, Dental Hygienists,
				  and Dentists; Official Board Interpretations and Declaratory Rulings and
				  Resolutions; Public Rules of Hearings and Procedures of the
				  Board.
Amended at 20 Ok Reg
				  2336, eff 7-11-03
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 1 - Organization, Operation, and Purposes › Subchapter 1 - Purpose and Definitions › Section 195:1-1-4 - Board office

Current through Vol. 41, No. 20, July 1, 2024
The office of the Board of Governors of the Registered
				  Dentists of Oklahoma is in Oklahoma City, Oklahoma. Regular office hours shall
				  be maintained each day except Saturday and Sunday and any day authorized by
				  State Officials to be closed.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 1 - Organization, Operation, and Purposes › Subchapter 1 - Purpose and Definitions › Section 195:1-1-6 - Public inspection of certain records

Current through Vol. 41, No. 20, July 1, 2024
All public records of the Board shall be made available for
				  public inspection pursuant to the Oklahoma Open Records Act 51 O.S. §
				  24A.5. at the office during regular office hours. Copies of public records of
				  the Board shall be made and certified upon pre-payment of the copying fee set
				  forth in the fee schedule enacted by the Board.
Amended at 14 Ok Reg
				  1539, eff 7-1-97; Amended at 20 Ok Reg 2336, eff 7-11-03; Amended at 25 Ok Reg
				  1102, eff 7-1-08
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 2 - Internal Operations and Purposes › Section 195:2-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter set forth the procedure for the
				nomination and election of regular Board members as well as the procedures for
				the nomination and selection of advisory Board members. These rules also
				establish procedures for the registration of retired dentists and dentists in
				the Armed Forces. Finally, these rules provide for an annual Board
				meeting.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 2 - Internal Operations and Purposes › Section 195:2-1-2 - Nominations, petitions, and elections of Board members

Current through Vol. 41, No. 20, July 1, 2024
(a)
Return of petitions.
All
			 petitions for nomination of Board members to be placed on the ballots must be
			 returned personally or by certified mail to the Secretary of the
			 Board.
(b)
Balloting.
Balloting instructions and ballots will be mailed to members entitled to vote
			 at least thirty (30) days before the meeting of the Board, when ballots are to
			 be counted. A certain date, time limit for the ballots to be returned to the
			 Office of the Board will be included in the balloting instructions. Ballot
			 instructions and ballots will be mailed in plain Board envelopes with an
			 enclosed return envelope addressed to the Office of the Board. Ballots will be
			 numbered. A careful check of the record of membership, as of the date ballots
			 are mailed, will be made to verify that only those members entitled to vote
			 will receive a ballot. There will be no evidence of the members name on the
			 instructions for balloting or on the ballot. The Office of the Board will keep
			 no record of the member receiving the numbered ballot. The sealed envelopes
			 containing the ballots from the members will not be opened upon their return to
			 the Office of the Board. The seal on the envelopes containing the ballots will
			 be broken at the meeting of the Board, and the votes counted. Candidates whose
			 names appear on the ballots, and their representatives, will be invited to be
			 present when the seals are broken and the votes counted.
(c)
Counting of ballots.
At the
			 time of counting the ballots, the one receiving the highest number of votes
			 cast will be declared the new Board Member from that district.
(d)
Votes.
In case of a tie
			 vote, a new ballot will be printed and sent to the eligible members listing
			 only the names of those candidates who receive the highest number of
			 votes.
(e)
Oath of
			 office.
A newly elected member of the Board must take the Oath of Office
			 before he is officially seated on the Board. The Oath will be administered by
			 the President as the first order of business of the new Board.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 2 - Internal Operations and Purposes › Section 195:2-1-5 - Annual meeting of the Board

Current through Vol. 41, No. 20, July 1, 2024
A regularly scheduled meeting of the Board will be held in the
				second quarter of each calendar year. Board member positions up for election
				shall be elected. Newly elected Board members shall serve in an ex-officio
				capacity until the beginning of the next fiscal year pursuant to 59 O.S. §
				328.10.
Amended at 20 Ok Reg 2337,
				eff 7-11-03
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 2 - Internal Operations and Purposes › Section 195:2-1-7 - Fees

Current through Vol. 41, No. 20, July 1, 2024
Fees charged by the Board are hereby set as follows:
FEES:
(1) Theoretical
			 or Written Only Re-Examination
Dentist or Hygienist - $10.00
(2) Copies of Public Records - per page -
			 $0.25
Added at 14 Ok Reg 1540,
				eff 7-1-97; Amended at 19 Ok Reg 2024, eff 7-1-02; Amended at 27 Ok Reg 1378,
				eff 7-1-10
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-1.1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words, when used in this chapter, shall have the
				following meaning, unless the context clearly indicates otherwise:
"Act"
or
"Dental Act"
means the State
				Dental Act, Title 59 O.S. §§
								328.1 et. seq.
"Board"
means the Board of Dentistry.
"Complaint"
means a written statement of complaint
				filed with the Board which is investigated or to be investigated by the Board
				and which may result in a formal Statement of Complaint in an individual
				proceeding filed pursuant to Article II of the Administrative Procedures
				Act.
"Hearing"
means the trial mechanism employed by
				the Board in an individual proceeding.
"Individual proceeding"
means the formal process
				by which the Board takes administrative action against a person licensed by the
				Board.
"License"
means a license issued by the
				Board.
"Parties"
means the respondent and the special
				prosecutor for the Board.
" Executive Director "
means and shall be
				definedpursuant to 59 O.S. § 328.15(B).
"Respondent"
means the person against whom an
				individual proceeding is initiated.
"Review and investigative panel"
means and shall
				be defined by 59 O.S. § 328.43(a).
"Staff"
means the personnel of the
				Board.
Added at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-2

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 20 Ok Reg 2338, eff 7-11-03; Amended at 23 Ok Reg 1221,
				eff 7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-3 - Initiation of individual proceedings; settlement agreement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 20 Ok Reg 2338, eff 7-11-03; Revoked at 23 Ok Reg 1221,
				eff 6-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-3.1 - Emergency hearing

Current through Vol. 41, No. 20, July 1, 2024
In the event the investigative and review panel determines
				that an emergency exists for which immediate action on a license is warranted,
				including but not limited to suspension or revocation, the investigative and
				review panel shall so advise the President of the Board. Upon concurrence of
				the President of the Board, the President may convene a special or emergency
				hearing of the Board pursuant to the Administrative Procedures Act of the
				Oklahoma Statutes to summarily take action on such license. A written statement
				of the allegations constituting the emergency shall be provided to the Board as
				soon as practicable before the hearing. Notice of the hearing and the written
				statement of allegations constituting the emergency shall be provided to the
				respondent as soon as practicable before an emergency hearing of the
				Board.
Added at 23 Ok Reg 1221,
				eff 7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-4 - Statement of Complaint and notice of hearing; Setting of hearing date

Current through Vol. 41, No. 20, July 1, 2024
(a) The Statement of Complaint issued by the
			 investigative review panel shall set forth all allegations of violations of the
			 Act, proposed sanctions and requests for costs and attorneys' fees. The
			 Statement of Complaint shall be prepared by the Executive Director or or by the
			 attorney who will prosecute the respondent in a hearing before the
			 Board.
(b) Upon the receipt of the
			 statement of complaint, the Board President, shall serve as the Administrative
			 Judge for the hearing with the assistance of judicial council, The statement of
			 complaint shall be reviewed for sufficiency and he or she with the assistance
			 of the judicial counsel shall set a hearing date.
(c) A "Notice of Hearing" shall be prepared
			 by the Executive Director or the attorney assisting with the prosecution or
			 acting as the prosecutor, and served on the respondent with the Statement of
			 Complaint. The Notice of Hearing shall specify the time, place and nature of
			 the hearing, the legal authority under which it is to be conducted and cite any
			 relevant statutory provisions. Service of the Statement of Complaint and Notice
			 of the Hearing may be in person or by certified mail at the official address as
			 listed with the Board. Service of the Notice of the Hearing shall be complete
			 upon return to the Board of a card showing receipt of certified mail by the
			 respondent or return to the Board of an affidavit of personal
			 service.
(d) For the purpose of all
			 hearing matters, in the event of a conflict of the President, the acting board
			 president shall serve as the administrative judge.
Amended at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 20 Ok Reg 2338, eff 7-11-03; Amended at 23 Ok Reg 1221,
				eff 7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-4.1 - Preliminary hearing matters, discovery and subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) The President of the Board may delegate
			 any ministerial duties to the judicial counsel who shall serve as the
			 Administrative Law Judge for all preliminary matters.
(b) Attorneys representing Respondents shall
			 file a formal entry of appearance with the Board and/or Administrative Law
			 Judge.
(c) A scheduling order shall
			 be issued by the Administrative Law Judge and shall advise the parties of the
			 closing date for the exchange of and filing of witness and exhibit lists, the
			 discovery cut-off date, the cut-off date for the filing of dispositive motions
			 and any other matters determined to be necessary. A prehearing conference date,
			 shall also be set in the scheduling order. Either party may file a written
			 motion for modification of the scheduling order for good cause. The filing
			 party must indicate whether the other party objects to the modification of the
			 scheduling order.
(d) Either party
			 may file a written motion for a change in the hearing date. The motion shall
			 state the amount of time desired and the reason or reasons for the request. The
			 motion shall be filed no less than ten (10) working days before the date of the
			 action for which the motion is filed.
Added at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-4.2 - Response to the complaint

Current through Vol. 41, No. 20, July 1, 2024
The respondent shall file a written response to the Complaint
				within twenty (20) days after the service of the Statement of Complaint and
				notice of hearing. The response shall include either an admission or denial of
				each material element of the Statement of Complaint.
Added at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-5 - Subpoenas and discovery

Current through Vol. 41, No. 20, July 1, 2024
(a) The parties may
			 make written requests to the Board for the issuance of Subpoena or Subpoena
			 Duces Tecum to persons desired as witnesses for depositions or for the hearing,
			 and such Subpoenas Duces Tecum for the production of documents for discovery or
			 the hearing. Such subpoenas may be issued by the President of the Board, the
			 Administrative Law Judge or the Executive Director in the name of the Board.
			 The requestor shall furnish the names and addresses of all such
			 witnesses.
(b) Requests for
			 admission, requests for the production of documents, requests for inspection of
			 property and depositions shall be permitted prior to the hearing. Objections to
			 discovery requests will be permitted as in civil actions in the State of
			 Oklahoma. Any dispute to the discovery requests will be decided by the
			 Administrative Law Judge.
Amended at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-5.1

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-6 - Procedure for hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing
			 shall be conducted under the Administrative Procedures Act of the Oklahoma
			 statutes and shall be presided over by the President of the Board, with the
			 assistance of the judicial counsel the President shall designate a member of
			 the Board to preside at the hearing in the case of absence or conflict. The
			 rules of evidence used during the hearing shall be those specified by the
			 Administrative Procedures Act. Witnesses shall be sworn upon oath and are
			 subject to cross-examination. The President of the Board shall rule upon the
			 admissibility of evidence or objections thereto, or upon other motions or
			 objections arising in the hearing. The rulings of the President, in all
			 questions, shall be the rulings of the Board unless reversed or modified by a
			 majority vote of the Board.
(b) The
			 Board may utilize the services and advice of the judicial counsel regarding any
			 matter of evidence, law, or procedure in the conduct of the hearing. All
			 decisions concerning objections or procedure shall be made by the presiding
			 Board member. A Board Attorney shall act as Special Prosecutor for the Board
			 although any Board member may inquire of any witness concerning matters deemed
			 relevant and competent and not otherwise offered into evidence.
(c) The Board shall admit and give probative
			 effect all competent, relevant, and probative evidence, both oral and
			 documentary, which tends to prove or disprove the allegations of the complaint.
			 The board may exclude incompetent, irrelevant, immaterial and unduly
			 repetitious evidence. The Board shall, insofar as possible, give effect to the
			 fundamental rules of evidence recognized in courts of law. True copies of
			 documents may be received if the original is unavailable. The Board is
			 possessed of specialized knowledge, and such knowledge will be utilized along
			 with all the evidence in arriving at a decision, when the complaint or
			 investigation involves questions calling for such specialized knowledge. The
			 standard of proof upon the Board in such hearing is by clear and convincing
			 evidence.
(d) Whenever all the
			 evidence has been presented, the respondent shall be afforded an opportunity to
			 be heard in argument relative to the matters in issue.
Amended at 11 Ok Reg 2591,
				eff 7-1-94; Amended at 14 Ok Reg 1541, eff 7-1-97; Amended at 23 Ok Reg 1221,
				eff 7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-7 - Issuance of final agency order

Current through Vol. 41, No. 20, July 1, 2024
After all parties involved in the individual proceeding have
				concluded their presentation, the Board jury panel shall deliberate, in
				executive session if desired. The Board jury panel shall vote in open session
				whether the Act was violated by the respondent. The Board shall make findings
				of fact and conclusions of law if it determines that the respondent violated
				the Act. If the Board finds that the Act was violated, the Board shall
				deliberate, in executive session if desired, to determine what, if any,
				sanctions shall be imposed upon the respondent. A final agency order will be
				prepared later in written form and mailed or to respondent at his official
				address as listed by the Board and/or their attorney. The final agency order
				shall include separately stated Findings of Fact and Conclusions of Law and if
				respondent is found guilty of violations of the State Dental Act or enters his
				admissions thereof, the final agency order shall include the sanction or
				sanctions assessed. Appeals from the decision of the Board may be taken as
				provided by law.
Amended at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-8 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A record of all
			 hearings shall be made. The record may be made by means of electronic, digital
			 or stenographic means whichever the presiding officer designates. A transcript
			 of the proceeding shall not be prepared except upon written application. The
			 party requesting the transcript shall pay for its costs. Parties to any
			 proceeding may have the proceeding transcribed by a court reporter at their own
			 expense.
(b) The record of the
			 hearing and the file containing the pleadings, motions, final agency order and
			 other administrative records will be maintained in a place designated by the
			 Executive Director of the Board. The digital or other type of recording audio
			 or video or transcript of the proceeding shall be maintained for a period of
			 one year. If the matter is on appeal, these records will be maintained until
			 all appeals have been finally exhausted.
(c) If the respondent desires a stenographic
			 record at the hearing, he or she shall make arrangements for the court reporter
			 to be present at the hearing. If the stenographic record is transcribed, a copy
			 shall be provided to the other party and the Board at the respondent's
			 expense.
Amended at 14 Ok Reg 1541,
				eff 7-1-97; Amended at 23 Ok Reg 1221, eff
				7-1-06
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-10 - Request for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual or group may file a request
			 with the Board for a declaratory ruling with respect to the application or
			 enforcement of a rule or statute.
(1) The
			 request shall be in writing and signed by the individual or director of group
			 seeking the ruling.
(2) The request
			 shall state the rule or statute involved.
(3) The request shall contain a concise
			 statement of fact for which the ruling is sought.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 3 - Complaints, Investigations and Hearings › Section 195:3-1-11 - Disciplinary guidelines [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 4753,
				eff 9-28-94 through 5-26-95 (emergency); Added at 13 Ok Reg 847, eff 2-12-96;
				Revoked at 14 Ok Reg 1541, eff 7-1-97
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 10 - Examinations and Licensing of Dentists, Dental Hygienists and Dental Specialists › Subchapter 1 - Examination for Dentists and Dental Hygienists › Section 195:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter set forth the application
				  procedures for the Board's requirements for licensing examination for dentists
				  or dental hygienists.
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 10 - Examinations and Licensing of Dentists, Dental Hygienists and Dental Specialists › Subchapter 1 - Examination for Dentists and Dental Hygienists › Section 195:10-1-2 - Application procedure

Current through Vol. 41, No. 20, July 1, 2024
All persons desiring to practice dentistry or dental hygiene
				  in the State of Oklahoma. fulfill the following requirements:
(1) Applicants must fill out and return a
				fully completed official application to the Board.
(2) The requirements for dental hygiene
				licenses are set forth in 59 O.S. § 328.21.
(3) Applicants must complete and return the
				official application of the Board, at least thirty (30) days prior to the next
				scheduled board meeting. The application must be accompanied by a check or
				money order to pay the application fee as set forth by law.
(4) If the applicant has not completed his or
				her last term in Dental or Dental Hygiene School prior to making application,
				the Dean of the School shall certify that he or she is a candidate for
				graduation, in order that the application can be processed.
(5) Applicants who are licensed and
				practicing dentistry in another state must present with the application a
				photostatic copy of his or her degree(s) and a letter of good standing from any
				state in which they ever held a dental or dental hygiene license.
(6) The Board recognizes only those
				applicants who are students or graduates of Dental Schools in the United
				States, approved, conditionally, or provisionally approved by the Commission on
				Dental Accreditation of the American Dental Association, and the applicant must
				have or will receive a D.D.S. or D.M.D. Degree from that school.
(7) Applicant must attach a recent passport
				type photograph of self in place so designated on application blank.
(8) Applicant must present with application,
				a (official) transcript of his or her grades received during his or her
				academic years of training in dental school.
(9) Applicant will appear for personal
				interview, as requested by the Board.
(10) Clinical examinations are recognized for
				a period of five-years.
(11)
				Clinical examinations are recognized for a period of five-years.
(12) Address communications to the current
				address of the BOARD OF DENTISTRY office. Any licensee moving must notify the
				Board within 30 days of their new address.
(13) Applicants must pass the Oklahoma
				Jurisprudence examination with a 70% or higher grade.
Amended at 20 Ok Reg
				  2339, eff 7-11-03; Amended at 22 Ok Reg 1435, eff
				  7-1-05
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 10 - Examinations and Licensing of Dentists, Dental Hygienists and Dental Specialists › Subchapter 1 - Examination for Dentists and Dental Hygienists › Section 195:10-1-3

Current through Vol. 41, No. 20, July 1, 2024
Amended at 19 Ok Reg
				  2025, eff 7-1-02; Amended at 20 Ok Reg 2339, eff
				  7-11-03
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 10 - Examinations and Licensing of Dentists, Dental Hygienists and Dental Specialists › Subchapter 3 › Section 195:10-3-2

Current through Vol. 41, No. 20, July 1, 2024
Amended at 20 Ok Reg
				  2339, eff 7-11-03
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 10 - Examinations and Licensing of Dentists, Dental Hygienists and Dental Specialists › Subchapter 3 › Section 195:10-3-3

Current through Vol. 41, No. 20, July 1, 2024
Amended at 19 Ok Reg
				  2025, eff 7-1-02; Amended at 20 Ok Reg 2339, eff
				  7-11-03
Oklahoma Administrative Code › Title 195 - Board of Dentistry › Chapter 10 - Examinations and Licensing of Dentists, Dental Hygienists and Dental Specialists › Subchapter 5 - Reciprocity and Criteria Approval › Section 195:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rule set forth in this subchapter sets forth the criteria
				  for licensure of dentists and dental hygienists who have been licensed in other
				  states.
Amended at 15 Ok Reg
				  2198, eff 7-1-98