reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 1 - General Provisions › Section 405:20-1-6 - Requests for promulgation, amendment, or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
(a) Requests for promulgation, amendment, or
				repeal of a rule shall be made in writing to the Director of the Oklahoma
				Department of Libraries. Requests shall give the text of a proposed new rule or
				amendment, cite such rules as are requested to be repealed or amended, and
				shall explain the reasons or justification for each request.
(b) Any resulting action to adopt a new rule
				or amendment or to repeal an existing rule shall be conducted in accordance
				with the notice and other requirements of the Administrative Procedures
				Act.
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 1 - General Provisions › Section 405:20-1-7 - Petition for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Persons requesting the Director to make a declaratory ruling as to the
				applicability or interpretation of any rule or order pursuant to the rules of
				this Chapter shall address their written request to the Director.
(b) The Director shall act on the petition
				for declaratory ruling within ten working days, and shall inform the petitioner
				in writing of his/her ruling in the matter.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 3 - Agency Participation in Depository Program › Section 405:20-3-1 - Participating agencies

Current through Vol. 41, No. 20, July 1, 2024
All state agencies as defined by 65 O.S., §3-113.2, are
				  required to deposit copies of their state publications with the Publications
				  Clearinghouse immediately upon publication. In general, state publications mean
				  materials produced under the authority of a state agency which are distributed
				  to an audience outside of the creating agency or which are required by law.
				  (See Subchapter 9 for further clarification.)
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 3 - Agency Participation in Depository Program › Section 405:20-3-2 - Nonparticipating agencies

Current through Vol. 41, No. 20, July 1, 2024
Institutions of higher education are not required to deposit
				  their publications (exception, See OAC
				  405:20-5-2
				  ) but any state board of regents for higher education is so required to deposit
				  publications [65 O.S., §3-114 (A)].
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 5 - Communications › Section 405:20-5-1 - Publications officer

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 74 O.S., § 3106.1, every state agency shall
				  designate one of its staff members or employees as the Publications Officer for
				  the agency, shall notify the Publications Clearinghouse of the identity of such
				  Publications Officer, and shall immediately notify the Publications
				  Clearinghouse of any new Publications Officer should a change occur. The
				  Publications Officer of each state agency shall have the duties to provide
				  copies of all state publications of the agency, to compile and forward required
				  annual lists of the state publications of the agency, and to provide other
				  related information as may be requested by the Publications
				  Clearinghouse.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 5 - Communications › Section 405:20-5-2 - Annual publications list

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 74 O.S., § 3106.1, every state agency,
				  including all institutions of higher education, shall provide to the
				  Publications Clearinghouse a list of those state publications which it has
				  published during the prior calendar year. One copy of the list of state
				  publications shall be delivered to the Publications Clearinghouse no later than
				  the 31st day of January each year. Agencies must report even when no agency
				  publications have been issued during that twelve month
				  period.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 5 - Communications › Section 405:20-5-3 - Transmittal form [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 7 - Publication Identity, Cost, and Deposit › Section 405:20-7-1 - Standards for state publication identification

Current through Vol. 41, No. 20, July 1, 2024
To achieve bibliographic control of state government
				  publications and to assure that the identity of a publication can be
				  ascertained in terms of the issuing authority, author, and subject matter
				  sufficient to distinguish it from other publications, the following information
				  shall be included on the title page or other suitable place near the beginning
				  of each state publication required to be deposited with the Publications
				  Clearinghouse:
(1) full name of the
				issuing agency, including the division or subdivision responsible for
				publication, and the parent body;
(2) name of any personal author to whom
				credit is intended to be given;
(3)
				title of the publication;
(4) date
				and place of publication;
(5)
				frequency of issue (for periodicals and serials);
(6) volume and number of issue (for
				periodicals and serials); and
(7)
				date of issue (for periodicals and serials).
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 7 - Publication Identity, Cost, and Deposit › Section 405:20-7-2 - Publication cost statement; declaration of deposit

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 74 O.S., §3105, agencies are required to
				  give a cost statement and declaration of deposit for each publication issued by
				  them. This information shall be set forth in a separate paragraph in a
				  prominent place near the beginning of each publication and shall conform as
				  nearly as practical to the following format:
1. If the publication is printed :
				"
This publication, printed by (name of printing firm) is issued by
				(here list the agency, department, board, commission, or institution) as
				authorized by
_____
.
_____
copies have been prepared and distributed at a
				cost of $
_____
. Copies have been deposited
				with the Publications Clearinghouse of the Oklahoma Department of
				Libraries
."; or
2. If the
				publication is located online: "
This publication is issued by (list
				the agency, department, board, commission or institution) as authorized by
				______and is located at the following website(s): ____. This publication has
				been submitted in compliance with Section
				3-114
				of Title 65 of the Oklahoma Statutes
." [74 O.S., §3105(B) ]
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 9 - Depository Requirements › Section 405:20-9-1 - Publications required to be deposited

Current through Vol. 41, No. 20, July 1, 2024
(a)
				State publications as defined by 65 O.S., §3.113.2, are any informational
				materials, regardless of format, method of reproduction or source, which
				originate in or are produced with the imprint, by the authority or at the total
				or partial expense of an agency supported wholly or in part by state funds and
				which are distributed to persons outside of the creating agency or are required
				by law. The definition incorporates those publications that may or may not be
				financed by state funds but are released by private entities pursuant to a
				contract with or subject to the supervision of any agency. Examples of
				materials which are not state publications as defined, and materials which meet
				this definition but which are exempt from depository requirements are listed in
				the latest edition of the Publications Clearinghouse "Manual for Publications
				Officers."
(b) It is the intent of
				the Legislature that state agencies issue publications in an electronic format
				whenever possible, unless such issuance would interfere with the availability
				to the public of such publications and the information contained therein. It is
				the further intent of the Legislature that the Publications Clearinghouse and
				the Oklahoma Department of Libraries disseminate links to or other means by
				which to access publications to the same recipients required by law to receive
				copies or who have traditionally received copies of publications not published
				in an electronic format. A directory of the links to the publications shall be
				prominently featured on the ok.gov portal. [65 O.S., §3-113.1(B)]
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 9 - Depository Requirements › Section 405:20-9-2 - Number of copies to be deposited

Current through Vol. 41, No. 20, July 1, 2024
The Publications Clearinghouse shall have the following
				  duties: for publications not published in an electronic format, to determine
				  the quantity of each publication of an agency to a maximum of twenty-five (25)
				  copies required to meet the needs of the state publications depository library
				  system and to notify each agency of the required quantity . Further explanation
				  of the number of copies required for deposit is given in the latest edition of
				  the Publications Clearinghouse "Manual for Publications Officers." [74 O. S.,
				  § 3106.1(c) and 65 O.S., § 3-113.3(7)]
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 9 - Depository Requirements › Section 405:20-9-3 - Legal publications [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 9 - Depository Requirements › Section 405:20-9-4 - Application of depository requirements

Current through Vol. 41, No. 20, July 1, 2024
If a state agency is in doubt whether a specific publication
				  is required to be deposited as set forth in the statutory definition, in the
				  rules of this Chapter, or in the "Manual for Publications Officers", or if the
				  number of copies to be deposited is in question, the Publications Officer shall
				  consult with the Publications Clearinghouse Librarian for assistance in
				  interpreting the Manual. If the state agency is not satisfied with the
				  determination of the Publications Clearinghouse Librarian, a written request
				  should be submitted to the Director of the Department of Libraries who will
				  make the final ruling.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 9 - Depository Requirements › Section 405:20-9-5 - Noncompliance by agency

Current through Vol. 41, No. 20, July 1, 2024
Title 65 O.S., §
									3-114(B),
				  provides the following procedural steps to be taken in the event of
				  noncompliance by an agency:
(1)
				Written notice of noncompliance shall be sent from the Director of the
				Department of Libraries to the chief administrator of the agency. Such notice
				shall state:
(A) the alleged noncompliance;
(B) a reasonable time not to
				exceed thirty (30) days such noncompliance must be remedied;
(C) that further noncompliance will result in
				a report to the Speaker of the House of Representatives, the President Pro
				Tempore of the Senate, and the State Attorney General; and
(D) that the statute requires immediate
				initiation of mandamus proceedings by the Attorney General upon receipt of such
				notice to the Attorney General to seek agency compliance.
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 9 - Depository Requirements › Section 405:20-9-6 - Surplus copies

Current through Vol. 41, No. 20, July 1, 2024
The Department is authorized to dispose of any surplus
				  publications which it receives as defined by 65 O.S., §3-115. Upon
				  request, the Publications Clearinghouse will consult with agencies in advance
				  of publication and insofar as is possible will designate the number of copies
				  expected to be needed for the Depository Library System. If a surplus occurs
				  after publications are deposited, the Publications Clearinghouse will have
				  final disposition unless prior arrangements to return them have been made with
				  the agency.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 11 - Oklahoma State Depository Library System › Section 405:20-11-1 - Statutory depositories

Current through Vol. 41, No. 20, July 1, 2024
Title 65 O.S., §
									3-113.3,
				  expressly provides that the following libraries shall receive state
				  publications not published in an electronic format as follows:
(1) United States Library of Congress
				(Washington, D. C.), 1 copy
(2)
				Oklahoma Department of Libraries, 2 copies
(3) Selected copies to each depository
				library
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 11 - Oklahoma State Depository Library System › Section 405:20-11-2 - Other depositories

Current through Vol. 41, No. 20, July 1, 2024
The Publications Clearinghouse contracts with other libraries
				  in addition to those listed in OAC
				  405:20-11-1
				  which wish to participate in the State Depository Library
				  System.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 11 - Oklahoma State Depository Library System › Section 405:20-11-3 - Designation of depositories

Current through Vol. 41, No. 20, July 1, 2024
The director of a library in Oklahoma wishing to receive
				  state government publications through the Depository Library System shall
				  submit a written request to the Director of the Department of Libraries. The
				  Director shall review the application submitted, taking into consideration user
				  needs, geographic locations and the level of service to be provided. The
				  Director shall execute a contract with a library participating in the
				  Depository Library System setting forth the responsibilities of the
				  Publications Clearinghouse to distribute publications and provide other
				  services; and the responsibilities of the participating library to receive and
				  maintain publications deposited, not to dispose of publications without prior
				  notice to the Publications Clearinghouse, to provide adequate facilities for
				  the storage and use of such publications, to provide free services to patrons
				  in the use of such publications, and to fulfill other requirements as set forth
				  by the Department in its standards for the Depository Library System. The
				  contract shall contain provisions for termination by either party upon proper
				  notice.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 11 - Oklahoma State Depository Library System › Section 405:20-11-4 - Method of distribution [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 11 - Oklahoma State Depository Library System › Section 405:20-11-5 - Record of publications

Current through Vol. 41, No. 20, July 1, 2024
Title 65 O.S., §
									3-113.3,
				  states that the Publications Clearinghouse will prepare and publish official
				  lists of all state publications and will distribute them to all contracting
				  depository libraries. These lists shall serve as the minimum requirement for
				  maintaining records of depository holdings for participating
				  libraries.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 11 - Oklahoma State Depository Library System › Section 405:20-11-6 - Depository guidelines

Current through Vol. 41, No. 20, July 1, 2024
The Publications Clearinghouse shall issue and enforce
				  standards for the proper maintenance, housing, and servicing of Oklahoma state
				  publications by libraries contracting as participants in the Depository Library
				  System. These standards delineate the respective functions and responsibilities
				  of the Publications Clearinghouse and participating libraries, and are used to
				  evaluate fulfillment of contractual obligations.
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 13 - Legal Exchange Program [REVOKED] › Section 405:20-13-1 - Participating libraries in legal publications exchange [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 20 - The Oklahoma Publications Clearinghouse › Subchapter 13 - Legal Exchange Program [REVOKED] › Section 405:20-13-3 - Written agreement for legal publications exchange [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  3048, eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 25 - State Aid Grants to Public Libraries › Section 405:25-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter shall
				have the following meanings, unless the context clearly indicates
				otherwise:
"Bibliographic access"
means the provision of
				author, title, and subject indexes to the library materials, classification and
				location.
"Free library service"
means that libraries will
				provide circulation of books and library materials and admittance to library
				programs without charge in their service area, i.e., town, city, county or
				library system.
"Library system"
means libraries organized under
				Title 65, Article 4 of the Oklahoma Statutes and funded under Article 10,
				§ 10 A of the Oklahoma Constitution.
"Long range plan"
means a written strategy for
				action for improvement of library service over a specified period of time
				officially adopted by the library board.
"ODL"
means the Oklahoma Department of Libraries
				as defined in 65 O.S. §
								3-101.
"Statement of purpose"
means a written declaration
				of the role the library has chosen to serve its community officially adopted by
				the library board.
Amended at 16 Ok Reg 3052,
				eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 25 - State Aid Grants to Public Libraries › Section 405:25-1-3 - Eligibility for State aid grants to public libraries

Current through Vol. 41, No. 20, July 1, 2024
Eligibility for state aid grants to public libraries is governed by the requirements listed below. Eligibility may be impacted by emergency declarations by the President of the United States or the Governor of Oklahoma, public health, public safety, or other extraordinary circumstances as determined by the Director of the Oklahoma Department of Libraries and the ODL Board. Under those conditions, the Director will present recommendations to the ODL Board to modify application of specific User Service or Administration and Finance requirements. The ODL Board has the authority to accept or deny the recommendations.
(1)
Basic requirements.
(A) Libraries must meet the definition of a public library as defined in 65 O.S. § 1-104.
(B) Libraries must be legally established and operating according to Oklahoma Statutes, Title 65, Article 4,  §  101  and  Title 11, Article 31; and Article 10,  §  10A   of the Oklahoma Constitution.
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 25 - State Aid Grants to Public Libraries › Section 405:25-1-4 - Use of state aid funds

Current through Vol. 41, No. 20, July 1, 2024
State aid funds cannot be used for construction, remodeling,
				land, vehicles, or items that will become a permanent part of the building,
				such as carpet or air conditioners.
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 25 - State Aid Grants to Public Libraries › Section 405:25-1-5 - Ineligibility notification

Current through Vol. 41, No. 20, July 1, 2024
(a) When libraries
			 are found to be ineligible for State Aid, ODL will notify the librarian and the
			 City Manager, and shall state the reasons for ineligibility. The librarian will
			 then have a period of two weeks from receipt of notification in which to submit
			 additional evidence of eligibility. Such appeals shall be reviewed by the ODL
			 administration and a final decision made.
(b) The Oklahoma Department of Libraries
			 Board shall serve as an appeal board in the agency's execution of the State Aid
			 Grants to Public Libraries. After the Oklahoma Department of Libraries
			 administration denies a community's eligibility for state aid, a community may
			 appeal the ineligibility for state aid by agency administration to the Oklahoma
			 Department of Libraries Board at a special board meeting. The community must
			 file the appeal to the Oklahoma Department of Libraries Board within seven days
			 of receipt of the denial by the agency administration. The Board shall affirm
			 the administration's determination unless it finds such determination is
			 contrary to applicable rules.
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 25 - State Aid Grants to Public Libraries › Section 405:25-1-6 - State aid formula

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Libraries will utilize the latest
				population estimates from the United States Census Bureau to determine per
				capita payments for the distribution of state aid funds for public
				libraries.
Amended at 16 Ok Reg 3052,
				eff 7-12-99
Oklahoma Administrative Code › Title 405 - Oklahoma Department of Libraries › Chapter 35 - Fees › Section 405:35-1-2 - Fee schedule

Current through Vol. 41, No. 20, July 1, 2024
(a)
Photocopy
			 or computer print out.
The following fees shall be charged for
			 photocopying and computer print outs:
(1)
			 In-house paper to paper photocopy or computer print out - $.10 per
			 copy.
(2) In-house staff assisted
			 paper to paper - $.25 per copy.
(3)
			 Mailed paper to paper - $.25 per copy and $1.00 handling fee ($2.50
			 minimum)
(4) In-house large format
			 - $1.50 per copy.
(5) Mailed large
			 format - $1.50 per copy and $1.00 handling fee ($2.50 minimum).
(6) In-house corner records - $.25 per
			 copy.
(7) Mailed corner records -
			 $.25 per copy ($2.50 minimum).
(8)
			 Color copies:
(A) 8 ½" x 11" and 8
			 ½" x 14" - $1.50 per copy.
(B) Larger than 8 ½" x 11" and 8
			 ½" and 14" - $2.50 per copy.
(9) Microfilm and microfiche to paper - $.30
			 per copy.
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to establish policies, procedures and standards that apply to the Oklahoma Linked Deposit Review Board and to other Chapters in this Title. The rules in this Chapter describe:
(1) The organization of the Board;
(2) How to get information and file documents; and
(3) The general practices of the Board.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-2 - 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:
"Board"
means the Oklahoma Linked Deposit Review Board created by Section 88.3 of Title 62 of the Oklahoma Statutes.
"Office of State Treasurer"
or
"OST"
means the agency governed by the State Treasurer.
"State Treasurer"
or
"Treasurer"
means the individual who is the duly elected and acting Treasurer of the State of Oklahoma which is a statewide elected official and member of the Executive Branch of state government.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-3 - Legal references

Current through Vol. 41, No. 20, July 1, 2024
In this Title, italic type means it exactly repeats language from a law or another legal document. The specific reference is in brackets following the italics. Language in the rules that restates laws or other legal material in other words is also followed by a reference in brackets, but it is not printed in italics.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-4 - Severability

Current through Vol. 41, No. 20, July 1, 2024
If a court of competent jurisdiction finds any rule or part of a rule in this Title to be unenforceable, it shall not impair or invalidate the remaining rules in this Title. The remaining rules shall be valid and enforceable to the fullest extent allowed by law.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-5 - Organization

Current through Vol. 41, No. 20, July 1, 2024
The Board reviews applications to participate in the Small Business Linked Deposit program. It makes recommendations to the State Treasurer for approval or rejection of these applications. The State Treasurer administers the program. All records of the Board and program are maintained by OST. The Board elects a Chair who presides over meetings of the Board, and a Vice-chair who presides in the absence of the Chair.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-6 - Official office and location for information and for filing

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless otherwise specified in this Title, the address of the official office and telephone number for communications with the Board is: Oklahoma Linked Deposit Review Board, c/o The Office of State Treasurer, 217 State Capitol, 2300 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105-4895, Telephone (405) 521-3191.
(b) The normal business hours of OST for business related to the Board are 8:30 a.m. to 5:00 p.m. Central Time, Monday through Friday, except legal holidays.
(c) Unless otherwise provided in this Title, anyone may submit or file documents with the Board by mail or hand-delivery to OST during normal business hours.
(d) Unless a document clearly states otherwise, the signature of a person on a document submitted or filed with the Board shall mean the person has read it and has personal knowledge of the information it contains, that every statement is true, that no statements are misleading; and that filing the document is not a delay tactic. If any document is not signed or is signed with intent to defeat the purposes of the rules in this Title, the Board may ignore it and continue as though it had not been filed.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-7 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Records retention and disposition.
OST keeps documents on behalf of the Board for at least the minimum time required by state and federal laws that pertain to archives and records. This varies depending on the type of document.
(b)
Confidential and open records.
(1) Many records of the Board are available for public inspection and release, but some are not. The records that are not available for general public access may include records described as confidential in this Section or in other Chapters in this Title, and other records that laws require or permit the Board to keep confidential. The Board normally keeps the following records confidential but may choose, in some cases, to make them public if law permits it.
(A) State employees' home addresses, home telephone numbers and social security numbers [51:24A.7(D)];
(B) Employee evaluations, payroll deductions, employment applications not resulting in a person being hired by the state, and other records that would result in a clearly unwarranted invasion of personal privacy if they were disclosed [51:24A.7(A)(2)];
(C) Before taking action, personal notes and personally created materials (other than budget requests) prepared by Board members or OST staff on business related to the Board, as an aid to memory [51:24A.9];
(D) Before taking action, research material leading to the adoption of a policy or the implementation of a project [51:24A.9];
(E) Records coming into the possession of the Board
from the federal government or records generated or gathered as a result of federal legislation may be kept confidential to the extent required by federal law
[51:24A.13]; and
(F) Documents, such as medical records and records protected by the attorney-client privilege, that are exempt from the Oklahoma Open Records Act or are specifically required or permitted by law to be kept confidential.
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 1 - Organization, Procedures and Records › Section 415:1-1-8 - Forms and instructions

Current through Vol. 41, No. 20, July 1, 2024
Other Chapters in this Title contain references to forms and instructions the Board requires. People may contact OST to request blank forms and general information about completing and submitting them.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Rules › Section 415:1-3-1 - Procedures for adoption, amendment and repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may adopt, amend or repeal a rule on its own initiative. The Board may also conduct hearings on proposed new rules, amendments or repeal of rules.
(b) Any interested person may petition the Board, requesting the adoption, amendment, or repeal of a rule. All such petitions shall be in writing, and be filed with the principal office. The petition shall include the name and address of the petitioning party and shall state clearly and concisely all matters pertaining to the requested action and the reasons for the request.
(c) The time and location of hearings shall be stated in the notice and shall be conducted in accordance with the Administrative Procedures Act.
(d) Any person who is interested or affected by proposed actions may appear at the hearing, if such a hearing is held or required by law. An appearance may be made individually, by an attorney, or by an authorized agent.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 3 - Administrative Rules › Section 415:1-3-2 - Requests for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person or entity may petition the Board for a declaratory ruling as to the applicability of any rule of the Board.
(b) The petition must identify the rule questioned, the date on which such rule became effective, and shall summarize the contents of the rule. The petition shall contain a brief statement of the issue or issues raised by the rule which cause such a request to be made, and a statement of the petitioner's personal interest in the ruling of the Board and how a ruling of the Board would affect those interests.
(c) Upon receipt of the petition for declaratory ruling the Board shall consider the petition and within a reasonable time following receipt thereof, either deny the petition in writing, stating its reasons for denial, or issue a declaratory ruling on the matter(s) contained in the petition.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 5 - Formal and Informal Procedures › Section 415:1-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Subchapter describe general formal and informal procedures the Board uses to take action and make decisions. Other Chapters in this Title describe informal procedures that apply specifically to other matters under the Board's authority.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 5 - Formal and Informal Procedures › Section 415:1-5-2 - Right of the Board to initiate action

Current through Vol. 41, No. 20, July 1, 2024
The Board may take whatever action is consistent with the rules in this Title to carry out the duties of the Board and accomplish the objectives of any program or activity within its authority. The Board may use formal procedures or informal procedures, such as telephone calls, letters, meetings, mediation, investigations or other appropriate methods to resolve concerns.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 5 - Formal and Informal Procedures › Section 415:1-5-3 - Complaints and requests for reconsideration

Current through Vol. 41, No. 20, July 1, 2024
(a) Anyone may complain to the Board about any matter under the Board'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.
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 1 - Administrative Operations › Subchapter 5 - Formal and Informal Procedures › Section 415:1-5-4 - Representation

Current through Vol. 41, No. 20, July 1, 2024
In any administrative review or hearing authorized by this Title, any party has the right to have an attorney who is a member of the Oklahoma Bar Association. The attorney shall act for and bind the party represented. After a party names an attorney, the Board shall communicate with the attorney and not with the party. It shall be the responsibility of the party's attorney to communicate with the party.
Added at 16 Ok Reg 3327, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 1 - General Provisions › Section 415:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of the Oklahoma Small Business Linked Deposit Program is to provide state funds to qualified lending institutions at a reduced rate of interest to be linked to a loan to an eligible participant.
(b) The purpose of the Board shall be to insure eligibility and compliance with the linked deposit program by lenders and applicants.
The Board shall review applications and make recommendations for approval or rejection of a linked deposit loan package.
[62:88.3(B)] The Board makes these recommendations to the State Treasurer which may be accepted or rejected.
(c) The primary purpose of linked deposit loans shall be to provide financing to eligible participants which will directly create new jobs or save existing jobs. Linked deposit loan applications to "save" jobs must contain documentation and affirmations that support the claim that the specific number of jobs will be lost without the loan.
Added at 9 Ok Reg 2927, eff 8-3-92; Amended at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 1 - General Provisions › Section 415:10-1-2 - 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:
"Act"
or
"the Act"
means the Oklahoma Small Business Linked Deposit Act, in 62 O.S. Sections 88.1 et seq., as amended.
"Board"
means the Oklahoma Linked Deposit Review Board.
"Control"
means direct or indirect ownership of, or holding with the power to vote, at least fifty percent (50%) of the voting shares of a company, or fifty percent (50%) ownership or voting power of any other business entity. It shall also include serving as President or Chairman of the Board of a company.
"Employee"
means any person engaged in the employment of any person, firm, partnership or company. The term "employee" shall not apply to independent contractors, nor shall it apply to leased or loaned employees obtained from a business entity in the temporary employee or employee leasing business unless the business entity and the "eligible participant", as defined by §
									88.2 of Title 62, are joint employers and the employees can be separately reported to the Oklahoma Employment Security Commission and reflected as employees of the eligible participant.
"Office of State Treasurer"
or
"OST"
means the agency governed by the State Treasurer.
"Quorum"
means four members of the Oklahoma Linked Deposit Review Board. Any action recommending the acceptance of a loan application must have the affirmative vote of the majority of the Board members present. In no event shall the package be approved for recommendation by less than three members of the Board.
"Readmittance application"
a readmittance application is an application that is received more than 60 days after the linked deposit has reached final maturity.
"Renewal application"
means an application that is received in the Linked Deposit Office within 60 days after the final maturity of the linked deposit loan.
Added at 9 Ok Reg 2927, eff 8-3-92; Amended at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 1 - General Provisions › Section 415:10-1-3 - Severability [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-1 - Maximum loan amounts [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-2 - Certification of job savings and/or job creation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-3 - Number of linked deposit loans [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-4 - Business ownership [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-5 - Certification of application [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-6 - Employees of lending institutions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-7 - Employees of State Treasurer's office [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-8 - Economic needs of an area [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-9 - Acceptable dollar amount per job saved/created [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 3 - Eligibility [Revoked] › Section 415:10-3-10 - Acceptable amount of refinancing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 4 - Eligibility, Board Action, and Interest Rates › Section 415:10-4-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
The purpose and scope of this subchapter is to establish standards and guidelines for eligibility under the Act and to set out the application process.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 4 - Eligibility, Board Action, and Interest Rates › Section 415:10-4-2 - Board approval or rejection

Current through Vol. 41, No. 20, July 1, 2024
The Board shall vote to recommend or reject loan packages considered at regular or special meetings. If a loan package is rejected by the Board, the motion to reject shall state the reason for rejection. The Board's actions to recommend approval or rejection shall be reflected in the minutes of the Board, and shall constitute the written recommendation referred to in §
									88.5(F) of Title 62. The staff of OST may also notify an applicant of the Board's recommendation prior to the minutes becoming final.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 4 - Eligibility, Board Action, and Interest Rates › Section 415:10-4-3 - Dollar amount per job saved or created

Current through Vol. 41, No. 20, July 1, 2024
The Board's guideline for linked deposit loan amounts shall be a maximum of thirty thousand dollars ($30,000) per full-time job created or saved. The Board may recommend approval for linked deposit loans which are greater than thirty thousand dollars ($30,000) per job in extraordinary cases where the economic impact of the loan justifies deviating from the guideline. In such cases, the Board or OST staff on behalf of the Board may require additional information or documentation to justify deviation from the guidelines.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 4 - Eligibility, Board Action, and Interest Rates › Section 415:10-4-4 - Loan proceeds for refinancing

Current through Vol. 41, No. 20, July 1, 2024
The primary purpose of a linked deposit loan shall not be to refinance existing debt to a lower interest rate. If the applicant plans to use 50% or more of the linked deposit loan proceeds to refinance existing debt, the Board or OST staff on behalf of the Board, may require additional information or documentation to demonstrate that the primary purpose of the loan is for job creation or preservation.
Added at 16 Ok Reg 3330, eff 8-1-99