reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 25 - Oklahoma Aeronautics Commission › Chapter 40 - Wind Energy Rules › Subchapter 3 - Submittal Requirements for Federal Aviation Adminstration and Department of Defense Documentation › Section 25:40-3-1 - Notification of intent to build a wind energy facility and other notices

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner of a wind energy facility shall
				submit to the Aeronautics Commission copies of all initial FAA 7460-1 form(s)
				for all individual wind turbines or any other individual structure that
				requires a FAA form 7460-1 that is part of a wind energy facility within thirty
				(30) days of the initial filing with the FAA.
(b) If the owner of a wind energy facility is
				required to file subsequent 7460-1 forms with the FAA due to changing locations
				or heights of individual structures from the locations or heights originally
				proposed in the initial 7460-1 forms submitted to the Aeronautics Commission,
				the owner shall, within ten (10) calendar days of filing with the FAA, submit
				such subsequent 7460-1 forms to the Aeronautics Commission.
(c) The 7460-1 form(s) shall be submitted
				electronically unless prior approval of another format has been granted by the
				Director. A cover letter shall accompany the 7460-1 form(s) detailing the name
				of the project, the owner of the wind energy facility, and indicating whether
				the submittal is for initial 7460-1 form(s) or subsequent 7460-1
				form(s).
Oklahoma Administrative Code › Title 25 - Oklahoma Aeronautics Commission › Chapter 40 - Wind Energy Rules › Subchapter 3 - Submittal Requirements for Federal Aviation Adminstration and Department of Defense Documentation › Section 25:40-3-2 - Final Documentation from the Federal Aviation Administration and Department of Defense

Current through Vol. 41, No. 20, July 1, 2024
(a) The owner of a
				wind energy facility shall submit to the Aeronautics Commission the
				Determination of No Hazard from the FAA for each individual wind turbine or
				other individual structure that requires a 7460-1 form that is part of a wind
				energy facility prior to the start of construction.
(b) The owner of a wind energy facility shall
				submit to the Aeronautics Commission the Military Compatibility Certification
				Letter or successor form from the Clearinghouse which serves as documentation
				of the resolution of adverse impacts to the Department of Defense prior to the
				start of construction.
(c) All
				submissions shall be submitted electronically unless prior approval of another
				format has been granted by the Director.
Oklahoma Administrative Code › Title 25 - Oklahoma Aeronautics Commission › Chapter 40 - Wind Energy Rules › Subchapter 5 - Aeronautics Commission Actions to the Oklahoma Strategic Military Planning Commission › Section 25:40-5-1 - Notification to the Strategic Military Planning Commission

Current through Vol. 41, No. 20, July 1, 2024
After receiving a FAA 7460-1 form from the owner of a wind
				  energy facility, either as an initial or subsequent 7460-1 form, the
				  Aeronautics Commission shall notify the Strategic Military Planning Commission
				  within 10 days of receiving the 7460-1 form.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 35:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of providing the public with information concerning the structure and operation
				  of the Oklahoma Department of Agriculture, Food, and Forestry as well as
				  setting procedures regarding declaratory rulings, rules governing rulemaking
				  and individual proceedings for both formal and informal hearings, and licensing
				  procedures.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 35:1-1-3 - Conflicting rules

Current through Vol. 41, No. 20, July 1, 2024
(a) All rules
				heretofore adopted by the State Board of Agriculture which are in conflict with
				the rules in Chapter 1 of this Title are hereby repealed or suspended, but
				otherwise remain valid and in full effect.
(b) All rules heretofore adopted by the Board
				which are in conflict with Title 75 of the Oklahoma Statutes, Sections
				301 et
				seq., as amended, are hereby repealed or suspended, but otherwise remain valid
				and in full effect.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 3 - Organization and Operation › Section 35:1-3-1 - Composition

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Agriculture, Food, and Forestry
				  consists of the State Board of Agriculture, the divisions, and other positions
				  and offices and as may be established by law or by the Board.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 3 - Organization and Operation › Section 35:1-3-2 - Personnel of the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The State Board
				of Agriculture consists of five (5) members appointed by the Governor with the
				advice and consent of the Senate. Four (4) members are appointed from within
				and represent an agricultural district and one member is appointed from the
				state at large. The at large member is the President of the Board and
				Commissioner of Agriculture and serves as the executive officer.
(b) The Secretary of the Board is an employee
				of the Department, who is not a member of the Board, who performs those duties
				fixed by the Board. The Secretary shall be designated as the Executive
				Secretary of the Board.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 3 - Organization and Operation › Section 35:1-3-3 - Board meetings; quorum

Current through Vol. 41, No. 20, July 1, 2024
The State Board of Agriculture shall meet a minimum of eight
				  (8) times per year in regular session but not more than six (6) days in any
				  calendar month. Special meetings may be called by the President of the Board or
				  upon petition by three (3) members. Three (3) members of the Board shall
				  constitute a quorum.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 3 - Organization and Operation › Section 35:1-3-4 - Functions, duties, and operations of the divisions

Current through Vol. 41, No. 20, July 1, 2024
(a) For the effective operation of its
				integrated activities and duties, the Oklahoma Department of Agriculture, Food,
				and Forestry shall have the power to consolidate any of the divisions, transfer
				any of the functions or duties to another division, place additional functions
				or activities in a division, establish new divisions, and create new or
				additional positions in the Department, when conducive to a more efficient
				administration and enforcement of laws pertaining to agriculture.
(b) The divisions of the Department presently
				established include the following:
(1)
				Administrative Services: Executive office and agency services, including
				finance, personnel, audits and investigations, and general services.
(2) Agricultural Environmental Management
				Services: Protection of waters of the state and the environment from animal and
				poultry waste pollution.
(3)
				Agricultural Statistics Services: Current crop conditions and livestock
				inventory numbers.
(4) Animal
				Industry Services: Animal health and disease control programs.
(5) Food Safety and Consumer Protection
				Services: Seed, feed, fertilizer, pesticides, nursery, apiaries, weights and
				measures, meat, milk, egg, poultry, produce and organic programs.
(6) Forestry Services: Landowner assistance,
				tree planting, fire protection, urban forestry, and education
				programs.
(7) Laboratory Services:
				Official state testing lab.
(8)
				Market Development Services: Market promotion, loan programs, market news, and
				educational programs.
(9) Office of
				General Counsel: Legal assistance to the divisions and enforcement of the
				Oklahoma Agricultural Code.
(10)
				Wildlife Services: Prevention of damage caused by wildlife.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 5 - Declaratory Ruling Procedures › Section 35:1-5-1 - Request for declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Any person who alleges that any rule or order of the State
				  Board of Agriculture interferes or impairs, or threatens to interfere with or
				  impair a legal right of that person may petition the Board and request a
				  declaratory ruling on the applicability of the rule or order.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 5 - Declaratory Ruling Procedures › Section 35:1-5-2 - Filing and contents of petition

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				petition for a declaratory ruling shall be in writing and styled similarly to
				an ex parte petition filed in a court of law.
(b) The petition shall include the following:
(1) A clear and concise statement of the rule
				or order;
(2) A brief statement of
				the issues raised by the rule or order that causes the request to be
				made;
(3) A statement of the
				petitioner's personal interest in the ruling;
(4) If the rule interpretation was discussed
				with the agency, the name of the employee and the division;
(5) Any applicable exhibits or further
				explanation; and
(6) The name and
				signature, name of business, address, and telephone number of the
				petitioner.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 5 - Declaratory Ruling Procedures › Section 35:1-5-3 - Consideration of petition; Board action; notice to applicant

Current through Vol. 41, No. 20, July 1, 2024
(a) The petition for a declaratory ruling
				shall be considered by the Department.
(b) If the Department refuses to make a
				ruling or begin an individual proceeding within thirty (30) days, the petition
				shall be deemed denied.
(c) Any
				recommendation made by the Department shall contain proposed findings of fact
				and conclusions of law.
(d) If the
				Department begins an individual proceeding, the petitioner shall have an
				opportunity to be heard.
(e) Any
				recommendation shall be considered by the Board prior to issuance of a final
				order on the declaratory ruling.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 5 - Declaratory Ruling Procedures › Section 35:1-5-4 - Request for formal hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 5 - Declaratory Ruling Procedures › Section 35:1-5-5 - Joining of other parties affected by rule

Current through Vol. 41, No. 20, July 1, 2024
(a) If it appears that the interests of
				persons other than the petitioner are so affected by the requested ruling that
				it is improper to entertain the proceedings without hearing them, the Board may
				refuse to issue a declaratory ruling or it may require them to be made
				parties.
(b) Notice shall be served
				upon the joined persons as in individual proceedings, and the matter shall be
				governed thereafter by the procedure applicable to individual
				proceedings.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 5 - Declaratory Ruling Procedures › Section 35:1-5-6 - Ruling [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 7 - Rulemaking Procedures › Section 35:1-7-1 - Opportunity for rulemaking hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Board shall comply with all applicable provisions of the Administrative
				Procedures Act of Title 75, Section
				250 et
				seq. of the Oklahoma Statutes.
(b)
				Any interested person may petition the Board requesting the promulgation,
				amendment, or repeal of a rule. The petition shall be filed with the Board and
				shall set forth in writing, clearly and concisely, all matters pertaining to
				the requested action and the reasons for the request.
Amended at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 7 - Rulemaking Procedures › Section 35:1-7-2 - Notice of rulemaking [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 7 - Rulemaking Procedures › Section 35:1-7-3 - Rulemaking hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 7 - Rulemaking Procedures › Section 35:1-7-4 - Effective date of rule [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 7 - Rulemaking Procedures › Section 35:1-7-5 - Emergency rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2135, eff 6-25-06
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-1 - Filing of papers, Administrative Law Judge, and Administrative Law Clerk

Current through Vol. 41, No. 20, July 1, 2024
(a) All papers required to be filed by this
				Subchapter shall be filed with the Administrative Law Clerk.
(b) The Commissioner or designee may appoint
				an Administrative Law Clerk to maintain the administrative hearing dockets and
				records and perform any other duties assigned.
(c) The Commissioner or designee may appoint
				an Administrative Law Judge for any administrative hearing.
(1) The Administrative Law Judge shall not
				have had any prior involvement in the matter at issue other than as an
				Administrative Law Judge, unless the parties file a written waiver.
(2) The Administrative Law Judge shall have
				authority to conduct individual proceedings and may take any action consistent
				with the Administrative Procedures Act and the rules of this subchapter,
				including but not limited to the following:
(A) Arrange and issue notice of the date,
				time, and place of hearings and conferences;
(B) Establish the methods and procedures to
				be used in the presentation of the evidence;
(C) Hold conferences to settle, simplify,
				determine, or strike any of the issues in a hearing, or to consider other
				matters that may facilitate the expeditious disposition of the
				hearing;
(D) Administer oaths and
				affirmations;
(E) Regulate the
				course of the hearing and govern the conduct of participants;
(F) Examine witnesses;
(G) Rule on, admit, exclude, and limit
				evidence, at or before hearings;
(H) Establish the time for filing motions,
				testimony, and other written evidence, briefs, findings, and other submissions,
				and hold the record open for those purposes;
(I) Rule on motions and pending
				matters;
(J) Divide the hearing
				into stages or join claims of parties whenever the number of parties is large
				or the issues are numerous and complex;
(K) Restrict attendance by persons not
				parties to the hearing in appropriate cases;
(L) Admit attorneys from other jurisdictions
				to practice law before the Department in accordance with Rules of the Oklahoma
				Bar Association, 5 O.S. Chapter 1, Appendix 1, Article II, § 5, and
				administer the oath required by 5 O.S. §
											2;
(M) Require briefs on any relevant issues;
				and
(N) Request proposed findings
				of fact, conclusions of law, and proposed orders from all parties.
(3) At the request of the
				Administrative Law Judge, the Commissioner may designate a Department
				representative who has had no assigned responsibilities related to the matter
				at issue to serve as technical adviser to the Administrative Law
				Judge.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-2 - Contents of Notice of Violation and initiation of actions

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of General Counsel of the
				Oklahoma Department of Agriculture, Food, and Forestry by and through any
				attorney employed by the Department is hereby an authorized agent of the State
				Board of Agriculture for the following purposes:
(1) To initiate and prosecute in the name of
				the Office of General Counsel on behalf of the State Board of Agriculture any
				administrative, civil, or criminal actions and proceedings necessary under the
				Oklahoma Agricultural Code or rules promulgated thereunder; and
(2) To apply to and obtain from a district
				court an administrative warrant as necessary to enforce the right of access and
				inspection as authorized and described in Section
				2-14 of Title 2 of
				the Oklahoma Statutes.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-3 - Notice to parties

Current through Vol. 41, No. 20, July 1, 2024
(a) As soon as
				possible after the filing of the Notice of Violation, the Department shall
				notify the respondents of the filing and of the date set for hearing.
(b) The notice shall include a copy of the
				petition and the date, time, and place of the hearing, which shall be at least
				twenty (20) days after notice of the hearing is sent, unless otherwise provided
				by law or agreed by the parties.
(c) Service of notice shall be made in
				accordance with the Oklahoma Pleading Code, 12 O.S. §
									2001
				et seq.
(d) Where the Department is
				serving notice, personal service may be made by any agriculture law enforcement
				agent pursuant to 2 O.S. 6-310.
(e)
				Notice shall be sent to the address for the respondent as maintained in the
				records of the Department.
(f)
				Notice sent to the address on file by certified mail shall be considered good
				service to the respondent and the respondent shall have the burden of showing
				that an appropriate address change was filed with the Department prior to the
				notice being sent.
Amended at 23 Ok Reg
				  2135, eff 6-25-06; Amended at 25 Ok Reg 1779, eff 7-1-08; Amended at 27 Ok Reg
				  2407, eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-4 - Methods of serving notice [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 23 Ok Reg
				  2135, eff 6-25-06; Revoked at 25 Ok Reg 1779, eff
				  7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-5 - Time notice is completed [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-6 - Time of hearing; request for extension [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-7 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Administrative Law Judge may schedule and conduct prehearing conferences as
				necessary.
(1) The prehearing conference may
				be held by telephone.
(2) Upon
				request of either party, prehearing conferences shall be on the
				record.
(3) Prehearing conferences
				may address any of the following:
(A)
				Identification and simplification of issues, including the elimination of
				frivolous claims or defenses;
(B)
				Amendments to the pleadings;
(C)
				The plan, schedule, and limitations of discovery;
(D) Identification of admissions of fact to
				avoid unnecessary proof and cumulative evidence;
(E) The identification of witnesses and
				substance of testimony, exhibits, and documents;
(F) The use of prehearing briefs and prefiled
				testimony in the form of sworn affidavits;
(G) Settlement of all or some of the issues
				prior to the hearing;
(H) Adoption
				of special procedures for managing difficult or protracted actions that may
				involve complex issues, multiple parties, novel or difficult legal questions,
				or evidence problems;
(I)
				Scheduling; and
(J) Any other
				matters as may aid in disposition of the case.
(4) A prehearing conference may result in a
				scheduling or other prehearing order and subsequent changes to any prehearing
				or scheduling order may be made by the Administrative Law Judge by modifying
				the order for good cause.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-8 - Assistance of counsel to Board

Current through Vol. 41, No. 20, July 1, 2024
The Board may seek the assistance of a representative of the
				  Office of General Counsel to sit with the Board as a law member. Nothing
				  contained herein shall, however, prevent the Board from employing outside
				  counsel when in the opinion of the Board, it is necessary to do so in order to
				  administer and enforce the provisions of the Oklahoma Agricultural Code and the
				  rules promulgated thereunder.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-9 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A record of the
				hearing shall be made, which shall be a oral recording unless otherwise agreed
				by the parties and the Administrative Law Judge. The recording will not be
				transcribed as a matter of course, however, any party may request a copy of the
				oral recording and pay all costs for transcribing the oral record
(b) Any party may request a court reporter.
				The requesting party shall pay the costs, and the original transcript shall be
				filed in the case file as part of the record in the case.
(c) The record of a proceeding and the file
				containing the notices and the pleadings shall be maintained by the
				Administrative Law Clerk. All pleadings, motions, orders and other papers
				submitted for filing in a proceeding shall be file stamped by the
				Administrative Law Clerk upon receipt. The burden of showing substantial
				prejudice by any failure to correctly file-stamp any submittal shall be upon
				the asserting party.
(d) The
				administrative record of all individual proceedings shall contain documents
				required by the APA, 75 O.S. §
									309,
				and shall include but not be limited to all pleadings, motions, and
				intermediate rulings; evidence received or considered; a statement of matters
				officially noticed; questions and offers of proof, objections, and rulings
				thereon; and any decision opinion.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-10 - Reporter and transcripts [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-11 - Findings of fact

Current through Vol. 41, No. 20, July 1, 2024
All findings of fact shall be based exclusively on the
				  evidence, on matters officially noticed during the hearing; and, upon the
				  information received through investigation and examination made by the
				  Department prior to or during the hearing.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-12 - Testimony of witnesses

Current through Vol. 41, No. 20, July 1, 2024
The testimony of witnesses and documentary evidence may be
				  admitted on behalf of any party at the hearing pursuant to the Oklahoma
				  Evidence Code. The Administrative Law Judge may allow a party to conduct
				  cross-examinations required for a full and true disclosure of the
				  facts.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-13 - Notice of facts

Current through Vol. 41, No. 20, July 1, 2024
The Board shall give notice to all parties, prior to or at
				  the hearing, of any facts of which it proposes to take official notice. Any
				  party may request that official notice be taken of any fact qualified for
				  notice by the statutes of this State. If official notice is taken, it shall be
				  stated in the record, and all parties shall have opportunity to contest and
				  give evidence in rebuttal or derogation of the official
				  notice.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-14 - Right to counsel [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-15 - Final orders, proposed findings of fact and conclusions of law [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-16 - Communication with parties [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  697, eff 4-26-04
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-17 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) Subpoenas for the attendance of
				witnesses, or for the furnishing of information required by the Administrative
				Law Judge, or for the production of evidence or records of any kind, shall be
				issued in accordance with the Administrative Procedures Act and the Okahoma
				Pleading Code.
(b) Subpoenas shall
				be issued by the Executive Secretary of the Board or designee and the signature
				shall be sufficient authentication for any subpoena.
(c) Subpoenas shall be served in any manner
				prescribed by these rules for the service of notices.
(d) The Department may seek an appropriate
				judicial order to compel compliance by persons who fail to obey a subpoena, who
				refuse to be sworn or make an affirmation at a hearing, or who refuse to answer
				a proper question during a hearing. The hearing may proceed despite the refusal
				but the Administrative Law Judge may continue the proceedings as necessary to
				secure a court ruling.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-18 - Refusal to obey subpoenas or to testify [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-19 - Costs

Current through Vol. 41, No. 20, July 1, 2024
The costs covering the issuance and service of subpoenas and
				  all witness fees incurred on behalf of a party to the proceedings, other than
				  the Board, shall be borne by the party on whose behalf they are incurred, but
				  the Board in its final order may tax such costs to some other party if justice
				  so requires.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-20 - Requests for disqualifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Requests for the disqualification of a member or members of the Board shall be
				embodied in an affidavit stating with particularity the grounds alleged
				therefore. Any request shall be filed prior to the commencement of the hearing
				unless it is made to appear in the affidavit that the ground of
				disqualification was not previously known and that the application has been
				made promptly upon discovery.
(b)
				Upon the filing of the affidavit, the President of the Board or the Executive
				Secretary, if the affidavit is filed against the President, shall set the
				matters for hearing at the earliest date at which the Board can be convened,
				giving notice thereof personally or by telephone to the party or his
				counsel.
(c) The Board, or those
				members thereof qualified to sit at the hearing, shall take evidence and make
				prompt decisions. In the event the disqualification is sustained or in the
				event of a mandamus requiring disqualification, the hearing shall be continued
				to such time as is necessary for the appointment of members pro tem to proceed
				with the matters, and due notice of the continuance shall be given to all
				parties.
(d) Requests for
				disqualification of an Administrative Law Judge shall follow the same procedure
				as that for disqualification of a member of the Board, however, the
				Commissioner shall take evidence and make prompt decisions, rather than the
				Board.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-21 - Proof of service [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-22 - Administration of oaths; ruling upon offers of evidence [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-23 - Rehearing; reopening or reconsideration

Current through Vol. 41, No. 20, July 1, 2024
A petition for rehearing, reopening or reconsideration of a
				  final order shall be filed with the Executive Secretary within ten (10) days
				  from the entry of the order. The petition shall be signed by the party or
				  attorney and shall set forth with particularity the statutory grounds upon
				  which it is based; however, a petition based upon fraud practiced by the
				  prevailing party or upon procurement of the orders by perjured testimony or
				  fictitious evidence may be filed at any time. All petitions for rehearing,
				  reopening or reconsideration will be considered and ruled upon as soon as the
				  convenient conduct of the Board's business will permit.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-24 - Informal disposition of an individual proceeding

Current through Vol. 41, No. 20, July 1, 2024
(a) Informal disposition may be made of any
				individual proceeding by stipulation, agreed settlement, consent order, or
				default.
(1) Resolution by stipulation, agreed
				settlement, or consent order shall be approved by the State Board of
				Agriculture.
(2) Any Respondent who
				fails to appear after receipt of notice may be determined to have waived the
				right to appear and present a defense and a default may be presented by the
				Department to the Board at a regularly schedule meeting proposing the relief
				requested by the Notice of Violation.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 9 - Individual Procedures › Section 35:1-9-25 - Orders

Current through Vol. 41, No. 20, July 1, 2024
(a) Proposed final administrative orders
				shall be prepared and issued in accordance with the Administrative Procedures
				Act and presented to the Board of Agriculture for approval.
(b) Administrative penalties, civil
				penalties, and other fines imposed by the Board shall be enforced pursuant to
				the procedure outlined in 2 O.S. §
									2-7(B)
				and the Uniform Enforcement of Foreign Judgments Act, 12 O.S. §
									719 et
				seq.
Amended at 25 Ok Reg
				  1779, eff 7-1-08
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 10 - Requirements for Department Programs › Section 35:1-10-1 - Addresses for regulated persons

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person regulated by the Department shall notify the Department of a change of
				address within thirty (30) days of the change.
(b) Failure to notify the Department of an
				address change within thirty (30) days may result in an administrative
				fine.
Added at 27 Ok Reg 2407,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 10 - Requirements for Department Programs › Section 35:1-10-2 - Auditing of entities located in another state

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person located in another state and
				conducting business in Oklahoma that requires a license, permit, or other form
				of registration shall by virtue of obtaining that license, permit, or other
				form of registration consent to any inspection or audit by the
				Department.
(b) Any person located
				in another state and denying entry for inspection or audit by an agent of the
				Board shall result in automatic suspension of all licenses, permits, or other
				forms of registration issued by the Board, an immediate stop-sale being issued,
				and the person shall no longer do business in Oklahoma for the licensed,
				permitted, or other form of registration.
(c) Any automatic suspension pursuant to this
				section shall be in effect until the person or entity suspended receives
				written notice that the suspension has been lifted or set aside by the
				Board.
(d) Any person subject to an
				automatic suspension of any licenses, permits, or other forms of registration
				may request an administrative enforcement hearing within fifteen (15) working
				days after the suspension occurs. The hearing shall be held by the Department
				within ten (10) working days after receipt of the request.
Added at 27 Ok Reg 2407,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 10 - Requirements for Department Programs › Section 35:1-10-3 - Administrative compliance orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commissioner, upon the request of a Division, may issue an administrative order
				requiring compliance, assessing penalties for past violations and specifying
				penalties for continuing noncompliance.
(b) An administrative compliance order shall
				specify the findings of fact and conclusions of law upon which it is based and
				shall set a time for the Respondent to comply. The Order shall specify the
				penalty, not to exceed the statutory maximum per day of noncompliance, to be
				assessed in the event that the Respondent fails to comply with the Order within
				the prescribed time, and, if applicable, the penalty assessed for past
				violations of the Code, rules, or licenses or permits. The Order shall advise
				the Respondent that it shall become final unless an administrative hearing is
				requested in writing within fifteen (15) working days of service of the
				Order.
(c) Based on the hearing and
				record, a proposed order will be sustained, modified, or dismissed by the State
				Board of Agriculture. If the hearing process extends beyond any compliance
				deadline specified in the Order, fines specified in the Order for violations of
				the Order will continue to accrue during the hearing process unless the
				Administrative Law Judge stays the penalty upon request for good cause
				shown.
Added at 27 Ok Reg 2407,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 10 - Requirements for Department Programs › Section 35:1-10-4 - Political activity of agriculture investigators

Current through Vol. 41, No. 20, July 1, 2024
No Oklahoma Department of Agriculture, Food, and Forestry
				  agriculture investigators who has the power of a peace officer shall:
(1) Serve as an officer of a party committee
				at the national, state or local level;
(2) Organize or reorganize a party
				committee;
(3) Solicit votes in
				support of or in opposition to a candidate for state office in a partisan
				election or a candidate for party committee office;
(4) Act as a watcher at the polls in behalf
				of a party committee or a candidate in a partisan election;
(5) Drive voters to the polls on behalf of a
				party committee or a candidate in a partisan election;
(6) Endorse or oppose a candidate for state
				office in a partisan election or a candidate for party committee office in a
				political advertisement, broadcast, campaign, literature or similar
				material;
(7) Serve as a delegate,
				alternate or proxy to a party committee convention;
(8) Address a convention, caucus, rally or
				similar gathering of a party committee in support of or in opposition to a
				partisan candidate for state office or party committee office;
(9) Initiate or circulate a partisan
				nominating petition; or
(10) Take
				any active part in political organization management.
Added at 27 Ok Reg 2407,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 10 - Requirements for Department Programs › Section 35:1-10-5 - Appeals of stop sale, stop work orders

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person issued a stop sale or stop
				work order may file a written request for an appeal of the order within fifteen
				(15) working days of receipt of the order.
(b) The Department shall hold a hearing on
				the appeal within ten (10) working days of receipt of the request.
(c) This procedure shall not replace any
				other statute or rule with an appellate procedure spelled out for a specific
				topic or program.
Added at 27 Ok Reg 2407,
				  eff 7-25-10
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 10 - Requirements for Department Programs › Section 35:1-10-6 - Date of federal regulations incorporated

Current through Vol. 41, No. 20, July 1, 2024
When reference is made to Titles 7, 9, 21, or 40 CFR it
				  means, unless otherwise specified, the Code of Federal Regulations (2022
				  Revision).
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 11 - Licensing Procedures › Section 35:1-11-1 - Application for license

Current through Vol. 41, No. 20, July 1, 2024
(a) Where any
				license is required by law, the application for such license shall be on a form
				prescribed by the Board. The forms may be obtained upon request to the
				Board.
(b) To the extent that any
				license or certification issued by the Board requires the presentation of
				satisfactory evidence of equivalent education training, and experience by an
				applicant; the Board shall accept the education, training, and experience
				completed by the applicant as a member of the Armed Forces or Reserves of any
				state, or the Naval Militias of any state and apply such military education,
				training, and experience in the most favorable manner to satisfy educational
				requirements or other qualifications for issuance of the requested license or
				certification.
(c) To the extent
				possible, the Board shall expedite endorsement of licenses or certifications
				for military spouse applicants who possess a valid professional license or
				certification in another state and must leave work in another state to
				accompany their service member on transfer and assignment for military duty in
				this state if the military service member is on active duty within this state
				or claims permanent residency in this state for the six (6) months prior to
				assignment to active duty or during the period of active duty. The procedures
				to expedite licensure or certification shall include:
(1) Issuing the person a license,
				certificate, or permit, if, in the opinion of the Board or designee, the
				requirements for certification or licensure of the other state are
				substantially equivalent to those required by the this state; or
(2) Issuing a temporary permit for a limited
				period of time to allow the person to perform professional services while
				completing any specific requirements in this state that were not required in
				the other state in which the person was licensed or certified.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 11 - Licensing Procedures › Section 35:1-11-2 - Expiration date of license

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				specific requirements and expiration dates for each license are set forth in
				the Oklahoma Agricultural Code, 2 O.S. 2001, Sections 1-1, et seq., or as
				subsequently amended, or by rule.
(b) Upon notice to the Board or its designee,
				active-duty military service members shall be eligible for automatic extensions
				of professional licenses or certifications during and after military service or
				deployment, as follows:
(1) The professional
				license or certification in good standing shall remain in good standing and
				shall not expire during active military service, deployment, or a reasonable
				time following military service or deployment;
(2) The payment of fees to renew a
				professional license or certification shall be waived if such fees accrue
				during active military service or deployment; and
(3) Requirements to obtain continuing
				education shall be waived when
(A)
				Circumstances associated with military duty prevent continuing training and a
				waiver request has been submitted to the Board or its designee;
(B) The active-duty military member performs
				the licensed or certification occupation as part of his or her military duties
				as annotated in Defense Department Form 214 (DD 214); or
(C) performing any other act typically
				required for the renewal of the license or certificate; and
(4) The automatic extension of a
				professional license or certificate may be continued as long as the licensee or
				certificate holder is a member of the Armed Forces of the United States on
				active duty and for a period of at least one (1) year after discharge from
				active duty.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 11 - Licensing Procedures › Section 35:1-11-3 - Granting of license

Current through Vol. 41, No. 20, July 1, 2024
Where the information furnished on the application for the
				  license, or for the renewal thereof, appears to establish all the requirements
				  for the grant thereof, and there appears no reason to question its
				  authenticity, the Board or its division or employee authorized to issue the
				  license or renewal may do so without hearing; and, in such event, the matter
				  shall be treated as an individual proceeding, wherein the applicant is the
				  petitioner, and the procedure applicable to individual proceedings thereafter
				  shall be followed except as modified as statute or by the rules of this
				  Title.
Oklahoma Administrative Code › Title 35 - Oklahoma Department of Agriculture, Food, and Forestry › Chapter 1 - Administrative Operations › Subchapter 11 - Licensing Procedures › Section 35:1-11-4 - Continuation of license until final determination

Current through Vol. 41, No. 20, July 1, 2024
When a licensee has made timely and sufficient application
				  for renewal of a license or a new license with reference to any activity of a
				  continuing nature, the existing license does not expire until the duly filed
				  application for renewal has been finally determined, or in case of a
				  determination adverse to the licensee until the last day for seeking review of
				  the Board's order or a later date fixed by order of the reviewing
				  court.