Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 25 - Savings and Loan Associations › Subchapter 3 - Supervision, Regulation and Administration › Part 1 - CHARTERS, BRANCHES, AGENCIES, LOAN PRODUCTION OFFICES, AND SERVICE CORPORATIONS › Section 85:25-3-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
As used in this Chapter, reference to all definitions set
					 forth in the Code are hereby adopted as definitions applicable to this Chapter.
					 The following words and terms when used in this Chapter shall have the
					 following meaning, except where the context clearly indicates otherwise:
"Administrative Procedures Act"
means Title
					 75, Chapter 8, Section
					 301 to
					 325, Oklahoma
					 Statutes Annotated, as the same now exists or may be amended.
"Applicant"
means a party commencing a
					 proceeding either in the form of an Application or Complaint; and includes the
					 terms "plaintiff", "complainant" and "petitioner".
"Association"
means a savings and loan
					 association and shall be understood to also include savings banks.
"Attorney"
means a licensed attorney currently
					 admitted to practice before the Supreme Court of Oklahoma, or an attorney
					 currently licensed to practice in another state who is granted permission to
					 appear in a proceeding in this state. No attorney who is not currently licensed
					 to practice in Oklahoma shall be permitted to appear except in association with
					 an attorney so licensed to practice in Oklahoma who shall also appear in the
					 proceeding. An attorney licensed to practice in a state permitting attorneys of
					 this state to practice before its state courts without local counsel may appear
					 without association of local counsel.
"Board" and "Commissioner"
means respectively
					 the Oklahoma State Savings and Loan Board and the Oklahoma Bank Commissioner,
					 who presides as Chairman of the Board.
"The Code"
means the Oklahoma Savings and Loan
					 Code of 1970, 18 O.S. §
										381.1, et
					 seq. as has been amended or may hereafter be amended.
"Department"
means the Oklahoma State Banking
					 Department.
"Intervenor"
means a party not an applicant or
					 named respondent who obtains permission to enter the proceeding. An intervenor
					 opposing an application will thereafter be deemed a respondent.
"Order"
means that which is required or
					 ordered to be done, or not to be done and shall be generally reserved for the
					 requirement or directive portion of an official order or decisions of a
					 proceeding; or the promulgation of rules, regulations, and requirements in
					 matters in which the Board or Commissioner acts.
"Party"
means a party of record and any other
					 party deemed by the Commissioner to have an interest in the subject matter, and
					 entitled to appear therein as a party of record. "Party of record" includes any
					 party named a party in a pleading, or who, after being deemed interested by the
					 Commissioner, makes formal appearance either in person or by an attorney at any
					 stage of the proceeding whether or not seeking affirmative relief.
"Protestant"
means a party who, upon grounds
					 of private or public interest, resists an application or any relief sought
					 thereby. A protestant is governed by the rules applicable to a
					 respondent.
"Record" or "Formal record"
means any
					 proceeding which shall consist of:
(A) Preliminary exhibits, including pertinent pleadings,
					 notices and proof of publication.
(B) Transcript of proceedings at all hearings.
(C) Depositions, stipulations, interrogatories and answers,
					 written testimony, offers of proof, and similar matters.
(D) Exhibits, together with attachments, appendices and
					 amendments thereto.
(E) Exceptions and motions subsequent to the
					 hearing.
(F) Orders or Recommendations of the Board or Commissioner,
					 together with findings of fact and conclusions of law.
(G) The Board or Commissioner may order included in the
					 record any other instruments or matters relevant to issues.
"Respondent"
means a party against whom relief
					 is sought in a proceeding, or who appears in opposition to relief sought by the
					 applicant, and includes the term "Defendant".
Transferred from
					 625:10-1-2 (see Editor's Note at beginning of this
					 Chapter)