reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 7 - Disciplinary Actions › Section 390:60-7-7 - Notification of legal proceedings against licensee

Current through Vol. 41, No. 20, July 1, 2024
(a) All criminal proceedings initiated against
						a Licensee shall be reported by the affected Licensee to CLEET immediately, upon
						arrest or discovery of the filing of such proceeding. All Licensees shall be
						required to report when a Victim's Protective Order has been issued against the
						Licensee, including such orders issued on an emergency or ex parte basis and all
						Final Orders of Protection.
(b) All
						civil proceedings initiated against a Licensee related to matters under the
						purview of the Act shall be reported to CLEET no later than ten (10) days after
						the Licensee is served with notice of said proceeding.
(c) This notifications referenced above must be
						in writing and provide, at a minimum, the following information:
(1) name and license number of the reporting
						Licensee;
(2) nature of the
						proceeding;
(3) court in which
						proceeding has been filed;
(4) docket
						or case number;
(5) parties to the
						proceeding;
(6) original signature of
						the reporting Licensee.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 7 - Disciplinary Actions › Section 390:60-7-8 - Reporting the discharge of firearms

Current through Vol. 41, No. 20, July 1, 2024
(a)
						The discharge or use of a firearm or a weapon or any noxious substance as defined
						in the Act by a Licensee shall be reported by phone immediately by the Licensee
						to CLEET. If the discharge of a firearm happens at times other than during normal
						CLEET operating hours, calls and reports shall be made the next working day to
						CLEET. The telephonic report shall include:
(1)
						name and license number of Licensee discharging firearm;
(2) name and contact information of the entity
						who hired the licensee;
(3) location
						of incident;
(4) a brief narrative
						of what happened;
(5) whether death,
						personal injury, or property damage resulted;
(6) whether the incident is being or was
						investigated by a law enforcement Agency, and if known, the name of the
						investigating Agency.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-1 - Insurance

Current through Vol. 41, No. 20, July 1, 2024
(a) Licensed Bail
						Enforcers shall be individually responsible for obtaining and maintaining their
						own liability insurance or surety bond that allows persons to recover for
						actionable injuries, loss, or damage resulting from the willful, or wrongful acts
						or omissions of the licenses and protects this State, its agents, officers, and
						employees from judgments against the Licensee, and is further conditioned upon
						the faithful and honest conduct of the Licensee.
(b) The liability insurance policy or surety
						bond required in this subsection shall be in the minimum amount of ten thousand
						dollars ($10,000.00).
(c) No bail
						enforcement license shall be valid when the Licensee fails to maintain the
						prescribed liability coverage. A violation of the Rules of this subchapter will
						constitute cause for immediate suspension or revocation of a license, and/or a
						disciplinary penalty or fine.
(d)
						Proof of insurance shall be provided CLEET by submitting a certificate of
						insurance, such as the Accord Form; or a copy of the policy, or a copy of the
						bond; or a letter from the issuing company. Regardless of the method chosen, the
						proof submitted shall at least contain the following information:
(1) Name of insured
(2) Name and address of insurer
(3) Policy limits, coverages, and
						amounts
(4) Effective dates of
						policy
(5) If covered by a bond, the
						original bond proof of coverage must include an original or copy of the
						Notification of Bond and Power of Attorney. Proof of renewal of the bond does not
						require a copy of the Power of Attorney, only submission of the Notification of
						Bond.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-2 - Renewal of license

Current through Vol. 41, No. 20, July 1, 2024
(a) A renewal
						license will be issued only after CLEET receives a properly completed request for
						renewal, along with the renewal fee prescribed by the Bail Enforcement and
						Licensing Act, two (2) current passport-sized photographs, verification of
						current insurance or bond coverage, verification of the minimum hours of
						continuing education training for the license period, and any further
						documentation required by CLEET to assure compliance with the Act.
(b) A Licensee who has timely submitted a
						request for renewal with payment and has failed to meet the minimum training
						requirements will be issued official notification of CLEET's intent to impose a
						disciplinary sanction, possibly including non-renewal of the license, for failure
						to meet the mandated training requirements.
(c) A Licensee who has failed to meet the
						minimum training requirements and continues to work or perform services as a Bail
						Enforcer will be subject to disciplinary action under the Act.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-4 - Individual identification cards or certificates

Current through Vol. 41, No. 20, July 1, 2024
(a) An identification card or certificate will
						be issued to all Licensees. This card or certificate shall clearly indicate that
						the Licensee is authorized by the State of Oklahoma to conduct business as a Bail
						Enforcer or a Bail Enforcement Agency
(1) The
						identification card or other CLEET document shall not be altered or defaced in
						any manner.
(2) The Licensee shall
						not knowingly allow any other person to carry or use the Licensee's
						identification card or other CLEET document for any purpose.
(3) The Licensee shall carry the identification
						card on his or her person at all times while acting within the course and scope
						of employment as a Bail Enforcer.
(4)
						The Licensee shall present the identification card upon demand, for inspection by
						any person, unless the circumstances are such that showing the identification
						card would cause a danger to the Bail Enforcer or to another person. If
						presenting the identification card would cause a danger to the Bail Enforcer or
						to another person, the identification shall be presented at the next reasonably
						safe opportunity.
(5) The
						identification card must be presented, upon demand, for inspection by a law
						enforcement officer or by a representative of CLEET.
(6) All identification cards or licenses or
						certificates or other CLEET documents are the property of CLEET, and not the
						property of the Licensee, and the Licensee shall surrender the identification
						card to the Executive Director or designee upon written notice.
(7) The Bail Enforcer must carry on the person
						a valid driver license or a state-issued photo identification card and CLEET
						authorized badge when performing the functions and services of a Bail
						Enforcer.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-5 - Lost or damaged licenses or identification cards

Current through Vol. 41, No. 20, July 1, 2024
Duplicate licenses and identification cards may be issued to
							active, current Licensees upon written request, with an original signature, and
							payment of the fee as specified by the Bail Enforcement and Licensing Act. An
							applicant for a duplicate license must provide any documents required by
							CLEET.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-6 - Office and contact information requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) A Bail Enforcer must maintain an office at
						a physical address in this State and in the County where the Bail Enforcer will
						maintain his or her records.
(1) The location
						must have a physical address, be accessible to the public, and open for
						reasonable business hours. The Bail Enforcer shall supply CLEET a current
						photograph of the front of the business location.
(2) This individual Bail Enforcer office may be
						maintained at the personal residence of the Bail Enforcer. The fact that a
						business is located at a personal residence does not excuse compliance with these
						Rules. The address is a matter subject to disclosure as provided in these Rules,
						even if the office is located at the personal residence of the Bail
						Enforcer.
(3) A post office box is
						not considered a physical address for purposes of these Rules.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-7 - Training requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Training
						requirements for unarmed Bail Enforcers shall be not less than forty (40) hours
						of instruction, to be known as Phase V, which shall be in addition to the Phase
						I, II, and III training requirements.
(b) Training requirements for armed Bail
						Enforcers shall be the same as for unarmed Bail Enforcers plus Phase IV firearm
						and weapons training.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 9 - License Requirements › Section 390:60-9-9 - Annual firearm requalification

Current through Vol. 41, No. 20, July 1, 2024
Every licensed bail enforcer who is authorized by CLEET to carry a firearm must requalify annually on any firearm the licensee is authorized to carry. Requalification will be pursuant to standards set by CLEET and shall be reported as directed by CLEET.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-1 - Advertising (59 O.S. Section 1350.12)

Current through Vol. 41, No. 20, July 1, 2024
(a) Licensees may use the phrase "Licensed by
						the State of Oklahoma" on stationery, business cards, and
						advertisements
(b) Licensees may not
						use any facsimile, reproduction, or pictorial, portion of the Great Seal of the
						State of Oklahoma on any badge, credentials, stationery, identification card,
						business card, advertisement, or other means of identification used in connection
						with any activities regulated under the Bail Enforcement and Licensing
						Act.
(c) Licensees may not use the
						words 'Council on Law Enforcement Education and Training' or the word 'CLEET' and
						may not use the CLEET Seal on any stationery, business cards, or
						advertising.
(d) Persons licensed
						solely as Bail Enforcers may not advertise their services under any name other
						than the name appearing on the Bail Enforcer license.
(e) Persons licensed solely as Bail Enforcers
						may not use stationery or business cards with any name other than the name
						appearing on the Bail Enforcer license.
(f) Persons licensed solely as Bail Enforcers
						may not use advertisements or stationery or business cards that include a
						telephone number that does not belong to the Bail Enforcer.
(g) Persons licensed solely as Bail Enforcers
						may not use advertisements or stationery or business cards that would appear to a
						reasonable person to be an advertisement for, or endorsement of, any bail
						bondsman.
(h) Any violation shall be
						a violation of the Bail Enforcement and Licensing Act which is punishable as
						provided in the act and CLEET Rules, or the violator may be prosecuted for false
						impersonation of an officer.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-2 - Uniforms and markings

Current through Vol. 41, No. 20, July 1, 2024
All uniformed, licensed Bail Enforcement personnel shall
							conform to the following requirements regarding the bail enforcement
							uniform:
(1) The words "Bail Enforcer"
						or "Bail Enforcement" shall be visibly displayed in a prominent manner.
(2) Licensees shall not wear a uniform,
						insignia, badge, etc., that would lead a reasonable person to believe that the
						Licensee is connected with federal, state, local, or tribal government.
(3) A Licensee may not use a fictitious name in
						the recovery of a defendant.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-3 - Badges

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to the
						Bail Enforcement and Licensing Act, CLEET may designate an authorized badge. The
						intent of these requirements is to:
(1) Make the
						badge easily recognizable as designating a Bail Enforcer
(2) Make the badge easy to distinguish from a
						badge worn by a law enforcement officer
(3) Make the information on the badge
						legible.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-4 - Use of vehicles

Current through Vol. 41, No. 20, July 1, 2024
Every Bail Enforcer vehicle shall conform to the following
							requirements:
(1) A Bail Enforcer
						vehicle may not be equipped with a siren, a lamp with a red or blue lens, or an
						overhead light or lights with red or blue lenses.
(2) If the Bail Enforcer vehicle is marked, the
						words "Bail Enforcer" shall appear on each side and the rear of the vehicle in
						letters of no less than three (3) inches in height, and readable from a
						reasonable distance.
(3) If the Bail
						Enforcer's vehicle is marked, the state license number shall be displayed on each
						side and the rear of the vehicle in characters of no less than three (3) inches
						in height and readable from a reasonable distance.
(4) A Bail Enforcer vehicle shall not bear any
						colors or markings or exterior equipment similar to colors or markings or
						exterior equipment of an authorized law enforcement vehicle in this State, or any
						political subdivision of this State.
(5) A Bail Enforcer vehicle may not be marked
						with any fictitious name.
(6) A
						Licensee may not mark any vehicle with the words "police", "deputy", "detective",
						"officer", "agent", "investigator", "fugitive agent", "recovery agent",
						"enforcement officer", "bounty hunter", "bail agent", or "recovery detective" or
						use any words or phrases that imply that such person is associated with law
						enforcement or a government Agency.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-5 - Authorized weapons

Current through Vol. 41, No. 20, July 1, 2024
(a) The Bail
						Enforcer and licensing Act is not intended to be used as a means to obtain
						authority to carry a weapon except in the course and scope of gainful employment
						as an armed Bail Enforcer.
(1) When actively
						engaged in the recovery of a defendant an Armed Bail Enforcer may carry a firearm
						concealed or unconcealed.
(2) If
						carrying a firearm when engaged in the recovery of a defendant an Armed Bail
						Enforcer must comply with the following:
(A)
						the firearm must be the approved pistol.
(B) the Armed Bail Enforcer must be wearing
						apparel clearly marked to designate the person as a 'Bail Enforcer' as set out in
						the CLEET Rules.
(C) the CLEET
						authorized Bail Enforcer badge must be affixed to chest of the uniform or to the
						holster or belt immediately next to the firearm.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-6 - Use of force

Current through Vol. 41, No. 20, July 1, 2024
(a) Since the use of
						force is limited by statute, a Bail Enforcer may use force only when:
(1) the Bail Enforcer has made a lawful command
						for the defendant to surrender and the defendant has refused to obey;
						OR
(2) the Bail Enforcer must use
						force to defend the Bail Enforcer or another from injury or threat or injury
						while recovering a defendant.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 11 - Restrictions › Section 390:60-11-7 - Entry into dwellings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any entry
						into a dwelling house of a defendant or a third-party, which violates the
						provisions of the Bail Enforcement and Licensing Act may be punished as burglary
						in the first degree as provided in Title 21 O.S. §
									1436 (or
						amendments of said statute).
(b) A
						Bail Enforcer may enter a dwelling house for purposes of discovering or
						recovering a defendant when the Bail Enforcer has received consent to enter the
						dwelling house from a person who is capable and competent to give such consent.
						The Bail Enforcer must show the existence of lawful consent.
(c) A Bail Enforcer may also enter a dwelling
						house without consent for purposes of discovering or recovering a felony
						defendant only when:
(1) The Bail Enforcer has
						first-hand knowledge that the defendant has entered the dwelling house and the
						defendant has refused a lawful and reasonable request of the Bail Enforcer to
						surrender. (For purposes of entry into a dwelling house by a Bail Enforcer, the
						term 'First-hand knowledge' means 'information received from direct eye-witness
						testimony, actual visual contact with and confirmed identification of the
						defendant by a person who knows the defendant or resides at the dwelling house,
						or other factual evidence provided directly to the licensed Bail Enforcer that
						confirms the identity and presence of the defendant within the dwelling house');
						OR
(2) the Bail Enforcer has
						knowledge beyond a reasonable doubt that the defendant is currently in the
						dwelling house and the defendant has refused a lawful and reasonable request of
						the Bail Enforcer to surrender.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 13 - Private Bail Enforcer Schools › Section 390:60-13-1 - Private school accreditation

Current through Vol. 41, No. 20, July 1, 2024
(a) All schools, school coordinators, and instructors approved by CLEET to conduct Bail Enforcer training shall do so in accordance with the Act and all applicable CLET Rules.
(b) The CLEET approved curricula for Bail Enforcer training was developed and validated by the Oklahoma State Department of Career and Technology Education, under the direction of the Oklahoma Department of Public Safety, the Council on Law Enforcement Education and Training, and representatives from the fields of industrial security and private investigation and bail enforcement. No additions, deletions, or revisions shall be made to the approved curricula without first obtaining the express permission of CLEET.
(c) Training schools wishing to implement Bail Enforcer training must meet the minimum standards for school coordinators, instructors, training facilities, and curriculum, as set forth in these Rules, to ensure a consistent training program throughout the State of Oklahoma.
(d) Fees for training schools shall be as set in the Oklahoma Bail Enforcement and Licensing Act.
(e) The approved Bail Enforcer training program includes three (3) courses of instruction, each related to the type of license sought. These courses are divided into five (5) training phases:
(1) Phase 1 - A course of instruction related to general private security or bail enforcer tasks.
(2) Phase 2 - A course of instruction specifically related to the tasks of unarmed security guards and unarmed bail enforcers.
(3) Phase 3 - A course of instruction specifically related to the tasks of private investigators and bail enforcers.
(4) Phase 4 "Firearms" - A course of instruction and familiarization in the care, handling, and firing of revolvers or semi-automatic handguns.
(5) Phase 5 - A course of instruction specifically related to the tasks of Bail Enforcers.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 13 - Private Bail Enforcer Schools › Section 390:60-13-2 - Schools, school coordinators, and instructors

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless otherwise provided in CLEET Rules, CLEET shall recognize only those training courses that are conducted at approved schools. Approval to conduct Bail Enforcer training may be requested by making written application to the Director.
(b) Approval to conduct Bail Enforcer training courses shall be subject to the following requirements.
(1) Approved private schools must be licensed by the Oklahoma Board of Private Vocational Schools.
(2) Private security training courses must be conducted under the coordinating supervision of a person with professionally recognized training or experience in developing and managing training programs. School coordinators shall submit a resume of related education, training, instructional experience, and work experience. School Coordinators may also be approved as instructors.
(3) Bail Enforcer student/instructor class ratios shall not exceed forty (40) to one (l); However, firearms instructor-to-shooter ratios shall be not less than one (l) to five (5).
(4) Training units (classes) must be taught by approved instructors.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 13 - Private Bail Enforcer Schools › Section 390:60-13-3 - Attendance and administrative requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) School coordinators shall provide the
						following information to CLEET, thirty (30) days in advance of each training
						course conducted, on forms to be provided by CLEET:
(1) Training facility location;
(2) Chief Administrative Officer of the
						school;
(3) School coordinator and
						resume;
(4) Course schedule, to
						include dates, hours and instructors for each unit of instruction; and
(5) Resumes on all Instructors.
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 13 - Private Bail Enforcer Schools › Section 390:60-13-4 - Revocation or suspension of private security school accreditation

Current through Vol. 41, No. 20, July 1, 2024
CLEET may impose disciplinary penalties and fines and/or
							suspend or revoke the approved status of a school, a school coordinator, or an
							instructor for good cause, and upon written notification. Such notification shall
							contain the reasons for disciplinary penalties and fines and/or suspension or
							revocation. These reasons may include:
(1) Use of non-approved curricula or other
						instructional materials;
(2) Use of
						false or other misinformation in any application or other document submitted to
						CLEET;
(3) Failure to make timely
						reports as required by CLEET Rules;
(4) Failure to maintain records as required by
						CLEET;
(5) Use of non-approved
						instructors;
(6) Failure to cooperate
						fully with CLEET in its efforts to ensure compliance with the provisions with the
						Rules of this subchapter;
(7)
						Violations of the Rules of this subchapter and other acts or omissions as
						prescribed by CLEET;
(8)
						Falsification of student records or test information;
(9) Failure to obtain approval from CLEET for
						instructor discretionary materials (films, student handouts, etc.).
Oklahoma Administrative Code › Title 390 - Council on Law Enforcement Education and Training › Chapter 60 - Regulating Bail Enforcers › Subchapter 13 - Private Bail Enforcer Schools › Section 390:60-13-5 - Appeals of suspension or revocation of approved school status

Current through Vol. 41, No. 20, July 1, 2024
Appeals of actions described above may be made by petitioning
							the Director for a hearing. Such appeals shall be conducted in accordance with
							the Oklahoma Administrative Procedures Act, and CLEET Rules.
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted for the purpose of facilitating the administration of the Oklahoma Law Enforcement Retirement System and to further comply with the provisions of Title 47 O. S. Section 2-300 et seq. and complying with the provisions of the Administrative Procedures Act, 75 O.S. Section 250 et seq.
Amended at 18 Ok Reg 3083, eff 7-12-01
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-2 - Board duties and responsibilities

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Law Enforcement Retirement System Board is authorized by Title 47, O.S. Section 2-300 through 2-313 as amended, and the duties and responsibilities are stated in Chapter 49, Title 74, O.S. Section 3101.
Amended at 10 Ok Reg 3731, eff 7-12-93
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-3 - Board meetings and records

Current through Vol. 41, No. 20, July 1, 2024
(a) Conduct of meetings. The Board will normally meet on the third Thursday of each month and at such other times, dates, and locations as may be set by the Board. Special and emergency meetings will be called in accordance with the provisions of the retirement law and the Open Meeting Law. Meetings will be held in accordance with the Open Meeting Law (Title 25, O.S.  Section  301-314.) Written minutes shall be an official summary of the proceedings and shall be on file in the Oklahoma Law Enforcement Retirement System's administrative office in Oklahoma City, Oklahoma, located at. 421 NW 13th, Suite. 100. The minutes and other public records that are under the administration of the Oklahoma Law Enforcement Retirement System are open to the public for inspection during normal working hours of the Oklahoma Law Enforcement Retirement System.
(b) Voting. Seven (7) Board members shall constitute a quorum for the transaction of business. Any official action of the Board shall be based on at least a simple majority vote of the quorum.
Amended at 10 Ok Reg 3731, eff 7-12-93; Amended at 18 Ok Reg 3083, eff 7-12-01; Amended at 26 Ok Reg 1685, eff 6-11-09
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-4 - Rules; petitions for promulgation, amendment or repeal of rule

Current through Vol. 41, No. 20, July 1, 2024
The Board shall make the necessary rules and regulations for the administration of the Oklahoma Law Enforcement Retirement System. These rules shall be adopted in accordance with Title 75, Oklahoma Statutes. Any interested person may petition the Board requesting the promulgations, amendment or repeal of a Board rule, provided, in submitting such a petition the person must submit, in writing, the proposed changes or request to appear before the Board to present oral views on any changes to the rules. Petition should be presented to the President of the Oklahoma Law Enforcement Retirement System Board at least five (5) working days prior to the scheduled date of the public hearing. Any person interested in having advance notice of rules changes must make a request to the President in writing.
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-5 - Actual and necessary expenses

Current through Vol. 41, No. 20, July 1, 2024
In accordance with the provisions of Title 47, O.S.  Section  2300  through  2-315,  the Oklahoma Law Enforcement Retirement System is directed to carry out the administration of the Plan, and pay for the actual and necessary expenses incurred in the operation of the System, when allowed and approved by the Board. All expenses shall be paid from the Fund by vouchers drawn against the Fund.
Amended at 10 Ok Reg 3731, eff 7-12-93
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-6 - Official residence, principal office; hours; official mailing address

Current through Vol. 41, No. 20, July 1, 2024
(a) The official residence of the Oklahoma Law Enforcement Retirement System is Oklahoma County, Oklahoma, with the principal office of the Oklahoma Law Enforcement Retirement System being located in Oklahoma City, Oklahoma.
(b) Office hours shall be from 8:00 a. m. to 4:45 p.m., unless otherwise set by the Executive Director. Office hours will be Monday through Friday inclusive, except legal holidays established by statues or proclamations of the Governor.
Added at 18 Ok Reg 3083, eff 7-12-01
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 1 - Administrative Operations › Section 395:1-1-7 - Change of Status

Current through Vol. 41, No. 20, July 1, 2024
Any request for change of address, change of tax status, change of withholding, change of direct deposit, change of beneficiaries or other requested change, must be made in writing and received by the System at its principal place of business. Certain changes may also be completed remotely using the Member Self Service website.
Added at 18 Ok Reg 3083, eff 7-12-01
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-2.1 - Receipt of documents

Current through Vol. 41, No. 20, July 1, 2024
Any notices, letters, payments or other documents will be considered received on the date actually received in the offices of the System, as evidenced by the Oklahoma Law Enforcement Retirement System date stamp.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-2.2 - Failure to submit documents

Current through Vol. 41, No. 20, July 1, 2024
(a) A retiree's required documents must be received by the fifteenth day of the month in which the first retirement voucher is to be paid.
(b) Required documents include, but are not limited to, forms found on the OLERS website, approved agency personnel action indicating retirement and date of termination of employment.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-2.3 - Authorized member signature

Current through Vol. 41, No. 20, July 1, 2024
A signature other than that of the member will not be accepted on System forms, applications or requests for confidential information except by order of the court or a durable power of attorney.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-2.4 - Recordkeeping requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The System reserves the right to use any information contained in a member's file, in the appropriate format, for the recordkeeping, data processing and administrative use of the System. All formatting and data requirements shall be determined by the System.
(b) Any participating employer shall furnish all required information reasonably requested by the System in order to ensure compliance with all applicable federal and state laws, rules and regulations. The System reserves the right to withhold benefits, including but not limited to, refunds, withdrawal payments and retirement payments, pending timely receipt of this information.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-4 - Benefits

Current through Vol. 41, No. 20, July 1, 2024
All benefits shall be paid in accordance with Title 47 O.S.  Section  2-305.
(1) Each new member shall make written application for membership and said application shall be presented to the Board at the next meeting of the Board for approval.
(2) Each application for membership may be approved effective on the first (1st) of the month following date of employment, so long as the applicant meets the qualifications for membership stated in Title 47 O.S.  Section  2-300(6).
(3) Written requests for retirement benefits must be received in the administrative office located at 421 NW 13TH Street, Suite, 100, Oklahoma City, Oklahoma, by the first Wednesday of the month prior to the desired effective date of retirement, in order that such matters may be properly posted on the agenda as required by the Open Meeting Laws.
(4) The Board shall have the authority to call a disabled member for a complete physical examination by two (2) physicians selected by the Board, any time between the regularly called for examination; provided the Board has reason to believe that such member has or may have recovered to the extent that he can again perform service in any division covered by the System. After complete evaluation by the examining physicians, if the member is found no longer disabled for performance of duties, the member shall be required to return to duty and complete twenty (20) years of service.
(5) Retirement pursuant to Title 47 O.S.  Section  2-305,  has at all times included reemployment of a member by a state agency in a position which is not covered by OLERS. Thus, in-service distributions from OLERS to such a member are permitted. Prior to September 19, 2002, if such member was reemployed by a state agency in a position which is covered by OLERS, such member will continue to receive in-service distributions from OLERS and will not accrue any further credited service. On and after September 19, 2002, if a retired member is reemployed by a state agency in a position which is covered by OLERS, such member's monthly retirement payments shall be suspended until such member retires and is not reemployed by a state agency in a position which is covered by OLERS.
Amended at 10 Ok Reg 3733, eff 7-12-93; Amended at 18 Ok Reg 3084, eff 7-12-01; Amended at 20 Ok Reg 962, eff 5-12-03; Amended at 26 Ok Reg 1685, eff 6-11-09
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-4.1 - Refund of contributions

Current through Vol. 41, No. 20, July 1, 2024
Any member who applies for a refund of their contributions and is eligible for a vested benefit shall be notified of the value of the benefit and when he or she would be eligible to begin receiving a benefit. The member must sign a written waiver of such benefit before such refund will be processed for payment.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-4.2 - Health insurance contribution

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Law Enforcement Retirement System shall contribute the amount required by law towards the cost of health insurance coverage under the State and Education Employees Group Insurance Plan only for retirees or survivors who actually receive a monthly retirement benefit for that month. This contribution shall not be made directly to the retiree. Title 74 O.S.  Section  1316.2; Title 47 O.S.  Section  2-301.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-4.3 - Qualified health insurance premiums

Current through Vol. 41, No. 20, July 1, 2024
If the requirements of Title 47 O.S. 2-305.1C are satisfied, a member who, by reason of disability or attainment of normal retirement date or age, separates from service as a public safety officer with their participating employer, may elect to have payment made directly to the provider for qualified health insurance premiums by deduction from the member's monthly disability benefit or monthly retirement payment, after December 31, 2006.
Added at 26 Ok Reg 1685, eff 6-11-09
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-5 - Survivor benefits

Current through Vol. 41, No. 20, July 1, 2024
All survivor benefits shall be paid in accordance with Title 47, O.S.  Section  2-306  or  OAC 395:10-1-11(b)(7).
Amended at 10 Ok Reg 3733, eff 7-12-93
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-6 - Contributions

Current through Vol. 41, No. 20, July 1, 2024
Contributions shall be paid in accordance with Title 47, O.S. Section 2-304.
Amended at 10 Ok Reg 3733, eff 7-12-93
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-7 - Leaves of absence; termination of employment; reinstatement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 10 Ok Reg 3733, eff 7-12-93
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-7.1 - Involuntary furlough

Current through Vol. 41, No. 20, July 1, 2024
In computing the final average salary, a retiring member's monthly base salary including excess benefits, shift differential and skill-based pay will be used for each month the retiring member was placed on involuntary furlough under OPM Rule 530:10-15-48, Involuntary leave without pay (furlough).
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-9 - Purchase of prior service credit

Current through Vol. 41, No. 20, July 1, 2024
(a) A member may receive service credit not to exceed five (5) years of participating service accumulated by the member while an employee of a state agency, or as a commissioned officer with an in-state law enforcement agency. In addition, a member may purchase service credit as a commissioned officer with an out-of-state law enforcement agency, or with a federal law enforcement agency, either as a commissioned officer or in a scientific or technical field, if the member is not receiving or eligible to receive retirement credit or benefits for such service from any other public retirement System. The cost shall be computed in accordance with Title 47 O.S.  Section  2-307.5. Application for such prior service must be submitted to the administrative office of the system for computation of purchase cost and must be paid for in full within two (2) years of the member's effective date of membership in OLERS. Such service credit shall not be used in determining the eligibility of the member for retirement or vesting purposes.
(b) Effective January 1, 1991, all purchases of transferred credited service pursuant to Title 47 O.S.  Section  2-307.5,  shall be based upon the actuarial cost of the incremental projected benefits to be purchased.
(1) The actuarial cost and any tables formulated for the purpose of determining such cost during each fiscal year, shall be based on the actuarial assumptions utilized in the actuarial valuation report in effect at the time.
(2) The actuarial value shall be based upon the member's age, salary and service at the time of purchase, together with the earliest age for retirement and actuarially projected salary at time of retirement. For purposes of this actuarial cost, it is assumed that all members are married at the time of retirement. If purchase is not made within (30) days of the Board's approval, the purchase must be recalculated and the actuarial cost may increase.
(3) For purposes of this actuarial cost, the member's age shall be rounded up or down to the nearest birthday.
(4) For purposes of this actuarial cost, the mortality tables shall be formulated as a unisex table assuming 1975 Group Annuity Mortality weighted 90% male.
(5) In the event a member who chooses to purchase service has been employed less than twelve (12) months, their salary shall be annualized based upon the most current completed calendar months of payroll information.
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-10 - Sick leave as credited service

Current through Vol. 41, No. 20, July 1, 2024
Effective July 1, 2008, a member, upon retirement, electing a Deferred Option Plan or electing a vested benefit, shall be credited with not more than 1,920 hours of unused accumulated sick leave. For the purposes of this computation, 1,920 hours shall total twelve (12) months, with 20 days totaling one month of credit.
Amended at 10 Ok Reg 3733, eff 7-12-93; Amended at 26 Ok Reg 1685, eff 6-11-09
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-10.1 - Allowable adjustments

Current through Vol. 41, No. 20, July 1, 2024
Adjustments made to the initial retirement benefit calculations based on credit for unused sick leave and/or longevity payment shall be retroactive to the effective date of retirement.
Added at 20 Ok Reg 962, eff 5-12-03
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-11.1 - Direct Rollovers [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 962, eff 5-12-03 ; Amended at 21 Ok Reg 2446, eff 6-25-04 ; Amended at 26 Ok Reg 1685, eff 6-11-09 ; Revoked at 30 Ok Reg 857, eff 6-13-13
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-11.2 - Limitations on benefits relating to Section 415 of Internal Revenue Code of 1986 [EXPIRED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 3090, eff 6-16-04 through 7-14-05 (emergency)1
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-05 (after the 7-14-05 expiration of the emergency action), Section 395:10-1-11.2 was no longer effective. For the official text of the emergency rule that was effective from 6-16-04 through 7-14-05, see 21 Ok Reg 3090.
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-11.3 - Direct Trustee-to-Trustee Transfer By Nonspouse Beneficiary [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 26 Ok Reg 1685, eff 6-11-09 ; Revoked at 30 Ok Reg 858, eff 6-13-13
Oklahoma Administrative Code › Title 395 - Oklahoma Law Enforcement Retirement System › Chapter 10 - Retirement and Pension Benefit Program › Section 395:10-1-12 - Physical and psychological testing requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to hiring an applicant, the hiring agency will supply the essential job functions of the position and/or physical requirements along with the OLERS New Hire Forms Packet to the applicant.
(b) The applicant/hiring agency will take the essential job functions and the OLERS New Hire Forms Packet to the hiring agencies examining medical professional at the hiring agencies expense. (This medical professional should be different from the OLERS Boards medical professional.)
(c) The hiring agency will submit the completed OLERS New Hire Forms Packet to OLERS. Incomplete packets as determined by the Executive Director or their designee shall be returned and shall not be processed.
(d) The essential job functions and the physical and psychological tests will be evaluated by the OLERS Board reviewing medical professional who was selected and employed by the Board for approval or disapproval for membership into the System. The OLERS Board reviewing medical professional may request additional tests and/or information.
(e) The Executive Director shall have the authority to approve applications for membership on an interim status after reviewing the system physician reports until the Board has the opportunity to vote. The hiring agency is now approved to employ the applicant.
(f) The Board will vote to approve or disapprove membership at the Board meeting following receipt of completed physical or psychological examination results from the Board's reviewing medical professional. Upon approval of the OLERS Board, the applicant will become a member of OLERS starting the 1st of the month after the hire date and contributions would start being withheld. If the applicant qualifies for reinstatement, then they would start immediately contributing on their hire date.
(g) All medical and psychological records shall be sealed by the Board upon approval. These records are deemed confidential and shall not be made public by the Board. The Board may use these records for the defense of the System or as otherwise required by law.
(h) Failure of agencies and/or applicants to comply with the rules specified here shall result in denial of membership into the System.
(i) Any member that transfers from one OLERS covered position to another which involves a change in job functions may be required by the OLERS Board to complete new physical or psychological testing at the discretion of the Board and at the expense of the agency.
Added at 14 Ok Reg 808, eff 12-4-96 through 7-14-97 (emergency); Added at 14 Ok Reg 3545, eff 8-25-97; Amended at 21 Ok Reg 2446, eff 6-25-04