reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 35 - Lake Rules › Subchapter 27 - Vegetation Management Plan › Section 300:35-27-5 - Waivers

Current through Vol. 41, No. 20, July 1, 2024
Since every possible situation cannot be anticipated, GRDA reserves the absolute discretion to make appropriate exceptions or modifications to the Vegetation Management Plan and the requirements of same. GRDA may impose additional requirements, including the requirements that the permit holder provide a survey to verify the permitted activity was completed in conformance with GRDA requirements.
Added at 23 Ok Reg 1329, eff 5-25-06
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 35 - Lake Rules › Subchapter 27 - Vegetation Management Plan › Section 300:35-27-6 - FERC approval

Current through Vol. 41, No. 20, July 1, 2024
In accordance with its licenses with the Federal Energy Regulatory Commission (FERC), GRDA may only permit incidental vegetation disturbance and removal. Therefore, in certain instances an application for a permit to remove vegetation must be approved by both GRDA and FERC. GRDA reserves the right to request FERC to approve any application for a permit.
Added at 23 Ok Reg 1329, eff 5-25-06
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 35 - Lake Rules › Subchapter 27 - Vegetation Management Plan › Section 300:35-27-7 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
After notice and an opportunity to be heard in according with Subchapter 21 herein, a permit issued pursuant to these rules may be suspended or revoked by GRDA upon a finding that the permit holder has violated any rule provided for herein. Additionally, the holder of the permit may be assessed costs which may include expenses necessary for the reclamation, restoration, and/or clean-up of GRDA land and waters and any other fee, penalty or fine as authorized by statute.
Added at 23 Ok Reg 1329, eff 5-25-06
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 35 - Lake Rules › Subchapter 27 - Vegetation Management Plan › Section 300:35-27-8 - General permits for natural disasters and other emergencies

Current through Vol. 41, No. 20, July 1, 2024
In the event a natural disaster or other emergency situation causes significant vegetation damage or debris accumulation within the project boundary to the extent that site specific permitting is impractical or would result in undue delay, the Chief Executive Officer may issue a general vegetation permit governing all management activities within an affected area in lieu of requiring site specific permits. A general permit shall clearly identify the scope of allowed activities, the areas in which the permit is applicable, and the period of time for which the permit is valid.
Added at 25 Ok Reg 2384, eff 7-11-08
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 35 - Lake Rules › Subchapter 29 - Shoreline Management Plans › Section 300:35-29-1 - Enforcement of the Shoreline Management Plan

Current through Vol. 41, No. 20, July 1, 2024
Any and all activities occurring upon GRDA land encompassed within GRDA's federal hydropower licenses issued by the Federal Energy Regulatory Commission (FERC) shall be in accordance with the Shoreline Management Plan. A violation of the Shoreline Management Plan shall be subject to a fee, penalty or fine as authorized by statute.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 35 - Lake Rules › Subchapter 30 - Flowage Easements › Section 300:35-30-1 - Lands subject to flowage easements

Current through Vol. 41, No. 20, July 1, 2024
GRDA owns the flowage easement rights for Grand Lake and Lake Hudson. Prior to initiation of activity to occur on lake property owned by a party other than GRDA, the landowner should consult their abstract of title, or the county land records to determine if their property is subject to a flowage easement. If the property is subject to a flowage easement, the landowner shall consult with GRDA regarding what activities may or may not occur on the land subject to the flowage easement.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 1 - Licensing and Use Permits › Section 300:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to establish a system of rules and licensing of Commercial Float Operations and commercial Vessels and the collection of commercial and private fees to preserve the Scenic Rivers, meaning the six rivers and streams including the Illinois River in Adair, Delaware, and Cherokee Counties above its confluence with the Barren Fork Creek; the Flint Creek in Adair County; the Barren Fork Creek in Adair and Cherokee Counties from the present alignment of U.S. Highway 59 West to its confluence with the Illinois River; The Upper Mountain Fork River above the 600-foot elevation of Broken Bow Reservoir in McCurtain and LeFlore Counties; Big Lee Creek in Sequoyah County, about the 420-foot MSL elevation; and the Little Lee Creek in Adair and Sequoyah Counties and to preserve the health and safety of the patrons.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 1 - Licensing and Use Permits › Section 300:40-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The rules and regulations set forth in this chapter are adopted pursuant to the authority granted the Grand River Dam Authority ("GRDA") in 82 O.S.2016 Section 896.1, et. seq., as amended.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 1 - Licensing and Use Permits › Section 300:40-1-6 - Non-commercial fee procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Private, non-commercial Vessels and persons who use them are subject to such statutory fees that are in effect while they are floating on state-designated Scenic Rivers.
(b) The CEO shall develop forms and procedures for the collection and administration of non-commercial fees.
(c) Businesses and Commercial Float Operations ("Collectors ") may, on behalf of the GRDA, collect non-commercial fees and issue permits or usage indicators when they are approved by the CEO and use the current forms and procedures of the GRDA. Collectors shall remit the non-commercial fees they collect to the GRDA using the current forms and procedures. Collectors may retain a percentage of statutory non-commercial fees for administering the non-commercial fee process in the amount that is currently designated by the GRDA but not more than 10%.
(d) GRDA Police and the CEO may require anyone using a non-commercial Vessel on or leaving the waters of a Scenic River, who does not establish that they are exempt from statutory fees, to either show a receipt for or pay the statutory annual non-commercial fee.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 2 - Public Access Areas › Section 300:40-2-1 - Camping fees

Current through Vol. 41, No. 20, July 1, 2024
(a) Camping shall only be allowed in campsites that are located within Public Access Areas and are designated by the CEO. Only one tent, along with one tent for children, is allowed per campsite.
(b) Camping fees shall be the same as the camping rates charged by the Oklahoma Tourism and Recreation Department. The GRDA shall post the current fee schedule. See, 82 O.S. § 896.16.
(c) The regular camping fee shall be discounted 50%:
(1) where one or more campers are 62 years of age or older, as documented by a valid driver's license, state-issued identification card, or passport;
(2) where one or more campers are certified as totally (100%) disabled or blind, as documented by a Medicare card or other federal or state-issued instrument; or
(3) for groups that provide at least 25 hours each year of beneficial service to the environment such as tree planting, refuse clean up or wildlife habitat improvement, as approved by the CEO.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 2 - Public Access Areas › Section 300:40-2-2 - Time limits and extensions

Current through Vol. 41, No. 20, July 1, 2024
(a) The duration of the authorized Camping shall be noted on each camping receipt, based on the number of days paid for in advance.
(b) Camping within the same Campsite or Public Access Area for longer than 7 consecutive days is prohibited without prior written approval from the CEO.
(c) The CEO may grant extensions beyond the 7 consecutive day limit in writing after consideration of the extent of public access area use, the particular recreation season, and anticipated holiday or weekend occupancy.
(1) Persons receiving extended camping privileges shall be limited to specific Campsites.
(2) Extensions shall be requested at least 48 hours prior to the date on which the extension would commence.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 2 - Public Access Areas › Section 300:40-2-3 - Use of public access areas

Current through Vol. 41, No. 20, July 1, 2024
(a) No person shall camp in a Campsite under the jurisdiction of the GRDA without paying the fee established by this section.
(b) Camping fee receipts shall be retained by campers for the duration of their stay and shall be available for review upon request of the CEO, a Camp Host or the GRDA Police.
(c) Camping fees receipts entitle the named holder to use a Campsite for the duration indicated on the receipt under the conditions set forth in this section. All camping fee receipts are non-transferable.
(d) The daily camping fee covers use of Campsites from 3:00 p.m. on the day of payment until 1:00 p.m. on the following day. Occupants shall vacate the Campsite by removing their personal property from the Campsite prior to 5:00 p.m. on the day they are scheduled to leave.
(e) The following activities are prohibited in all Public Access Areas:
(1) Excavation or leveling of the ground.
(2) Hanging a propane or gas operated lantern on any tree or plant.
(3) Leaving refuse or human waste at a campsite after departure.
(4) Camping within 25 feet of a water hydrant or within 100 feet of a stream, river or body of water, except where otherwise designated.
(5) Creating or sustaining unreasonable noise at a campsite as determined by the CEO or GRDA Police considering the nature and purpose of the actor's conduct, the impact on other users, and other factors which would govern the conduct of a reasonably prudent person under the circumstances.
(6) Constructing permanent Camping facilities or dwellings.
(7) Camping or parking vehicles outside of Campsites and parking areas designated by the CEO.
(8) Parking a vehicle in, blocking access to, or occupying any designated Campsites without having first paid camping fees for that Campsite.
(9) Using the utility services in a Campsite or Public Access Area without having first paid Campsite or utility fees.
(10) Connecting more than one water, electrical or sanitary connection per Campsite or connecting to a utility which exceeds its manufactured design or capacity.
(11) There may not be more than two vehicles per campsite.
(12) Camping longer than duration of stay noted on the Camping receipt or exceeding the time limits set forth in this subchapter without prior written approval from the CEO.
(13) Entering or remaining in a Public Access Area for any purpose other than camping or authorized day use activities, except fishing.
(14) Possession or use of fireworks in Public Access Areas. The CEO may authorize fireworks on the 4th of July.
(15) Fires may only be built in fire pits or cookers established by the GRDA.
(16) Cutting or defacing trees, destroying vegetation, breaking limbs and branches from live trees for firewood in Public Access Areas.
(17) Pets must be leashed at all times when outside tents or recreational vehicles.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 3 - Boater Safety › Section 300:40-3-1 - Life jackets

Current through Vol. 41, No. 20, July 1, 2024
All persons in a Vessel on a Scenic River must possess a U.S. Coast Guard-approved personal flotation device that is appropriately-sized and in good working order. All children 12 years of age and younger must wear their personal flotation device at all times while floating on a Scenic River.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 3 - Boater Safety › Section 300:40-3-2 - Alcoholic beverages

Current through Vol. 41, No. 20, July 1, 2024
The GRDA has found that drunk and disorderly conduct on the Scenic Rivers and in Public Access Areas is a danger to the public and to the Rivers, and is therefore a public nuisance for which the public has demanded abatement.
(1) Possession of any beverage defined as "Spirits" in the Oklahoma Alcoholic Beverage Control Act is prohibited on the Scenic Rivers and in Public Access Areas at all times. The Oklahoma Alcoholic Beverage Control Act defines "Spirits" to mean, in part,
any beverage other than wine, beer or light beer, which contains more than one-half of one percent (1/2 of 1%) alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds; but shall not include any alcohol liquid completely denatured
(2015 Title 37 O.S.  Section  506) .
(2) Wine, beer and light beer in the original, non-glass packaging may be possessed and consumed by persons 21 years of age or older while floating on Scenic Rivers and in the Stunkard, Peavine, Edmondson, Round Hollow, No Head and Echota public access areas.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 3 - Boater Safety › Section 300:40-3-3 - River Hazards and Closures

Current through Vol. 41, No. 20, July 1, 2024
In emergency circumstances, GRDA may close the Scenic Rivers, or sections of the Scenic Rivers, to private and commercial use. In order to help ensure the safety of the Floating Public, Commercial Float Operators must remain cognizant of changing river levels and conditions in their commercial float areas. River levels are determined by the USGS gage at Chewey Bridge when operating upstream of River Mile 40 and the USGS gage at Tahlequah when operating below River Mile 40.
(1) Commercial Operations are prohibited when river levels are determined to be at flood stage or the river is still rising and approaching flood stage as determined by the USGS gages. Commercial Operators shall follow the vessel limitations at the heights listed in Appendix A.
(2) When river levels are higher than 6' foot at the USGS Chewey Bridge gage or 6'6" at the USGS Tahlequah gage, Commercial Float Operators will practice due diligence in informing clients regarding the inherent dangers of floating at high river levels.
(3) Commercial Float Operators will use discretion in providing service to people who appear to be incapacitated to the point of being harmful to themselves or others.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 4 - Protection of Natural Resources › Section 300:40-4-1 - Protection of Scenic Rivers' natural resources

Current through Vol. 41, No. 20, July 1, 2024
The purpose of Sections 40-4-1 through 40-4-7 is to establish standards for the GRDA to protect the natural resources of the Scenic Rivers located within its current operating area, which includes the Illinois River and Flint Creek within Adair, Cherokee and Delaware Counties, and those portions of Barren Fork Creek within Cherokee County (referred to in this chapter as "Scenic Rivers").
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 4 - Protection of Natural Resources › Section 300:40-4-3 - Certain containers prohibited

Current through Vol. 41, No. 20, July 1, 2024
Containers made of glass or Styrofoam (bottles, jars, plates, etc.) and jello-shot containers are not allowed on Scenic Rivers; except, however, that prescription medicine and the contents of trash containers from river cleanups are exempt.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 4 - Protection of Natural Resources › Section 300:40-4-4 - Gravel mining operations prohibited

Current through Vol. 41, No. 20, July 1, 2024
(a) When used in this section, the following definitions apply:
(1) The term "River Bank" means the area lying directly adjacent to the River Bed with a width of 100 feet on either side of the River Bed.
(2) The term "River Bed" means any area of the river lying below the ordinary high water mark.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 4 - Protection of Natural Resources › Section 300:40-4-5 - Ice chest restrictions

Current through Vol. 41, No. 20, July 1, 2024
To prevent littering, any ice chest or cooler contained within a Vessel shall seal or lock in such a way as to prevent its contents from spilling into the Scenic Rivers. No ice chest in use upon the Scenic Rivers may have a capacity larger than 52-quart.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 4 - Protection of Natural Resources › Section 300:40-4-6 - Tying Vessels prohibited

Current through Vol. 41, No. 20, July 1, 2024
To minimize environmental damage to the stream and river banks and increase public safety, no person shall tie or otherwise connect two or more Vessels together on Scenic Rivers except during rescue and retrieval. Drink coolers must be so closely tied to Vessels as to be within arms-reach of the occupant of the Vessel to which it is attached.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 4 - Protection of Natural Resources › Section 300:40-4-7 - Vessel restrictions

Current through Vol. 41, No. 20, July 1, 2024
Except for GRDA and law enforcement personnel, and during GRDA authorized search and rescue training and operations, no person shall:
(1) operate a commercial Vessel on Flint Creek in Delaware County or on those portions of Barren Fork Creek in Cherokee County;
(2) operate a jet ski, airboat, hovercraft or similar water craft on a Scenic River; or
(3) operate a Vessel with a motor of more than 10 horsepower on a Scenic River. Provided, however, that Vessels with up to 25 horsepower may be used by anyone gigging during gigging season defined by the Oklahoma Department of Wildlife Conservation, and by Commercial Float Operators to rescue floaters; and
(4) All Vessels must meet U.S. Coast Guard and State of Oklahoma requirements. Commercial Float Operators shall notify GRDA Police when searching for floaters.
(5) Commercial Float Operators may not exceed the manufacturer's carrying capacity for any Vessel when renting such Vessels to the floating public.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-1 - Chief Executive Officer duties

Current through Vol. 41, No. 20, July 1, 2024
The Chief Executive Officer of the Grand River Dam Authority is authorized to administer the Rules and Regulations promulgated by the Grand River Dam Authority. The Chief Executive Officer, or the Chief Executive Officer's designee, shall issue all permits and licenses provided for herein and may, at the sole discretion of the Chief Executive Officer or the designee, hold such public meetings or hearings as deemed necessary related to such matters.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-2 - GRDA Board of Directors duties

Current through Vol. 41, No. 20, July 1, 2024
The Board of Directors of the Grand River Dam Authority retains the right to authorize and issue any and all permits and licenses not specifically provided for in these Rules and Regulations. No fees, charges or any of these Rules and Regulations shall be changed in any manner without the approval of the Board of Directors.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-3 - Hearings for violation of rules

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice of Violation.
A Notice of Violation may be issued by the Chief Executive Officer or his designee after the discovery of a violation of any rule. A Notice of Violation shall be signed by the GRDA employee issuing it and shall state:
(1) The name of the person or entity responsible for the violation (the "Respondent");
(2) A description of the nature of the violation;
(3) The remedial action and/or the relief required, which may include revocation of the permit or the imposition of a fee, penalty or fine as authorized by statute and/or the correction of any deficiency;
(4) A reasonable time to comply with the remedial action and/or the relief required;
(5) That the Respondent may submit a response to the Notice of Violation, how and where a response may be submitted, and the deadline to submit a response; and
(6) That, in connection with the submission of a response to the Notice of Violation, the Respondent may request a hearing before the Chief Executive Officer or his designee to challenge the Notice of Violation.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-4 - Hearing officer

Current through Vol. 41, No. 20, July 1, 2024
The GRDA Chief Executive Officer shall appoint an individual who is not employed by GRDA to preside over any hearing as the Hearing Officer. The authority of the Hearing Officer shall commence upon his appointment and terminate upon the issuance of his written recommendation to the GRDA Board of Directors. The Hearing Officer shall have the duty to conduct a fair hearing, to take all reasonable action to avoid delay, and to maintain order. The Hearing Officer's authority shall include, but not be limited to:
(1) Arrange and change the date, time and place of hearings and issue notices of hearings;
(2) Hold conferences to settle, simplify or determine the issues in a hearing, or to consider other matters that may aid in the expeditious disposition of the hearing;
(3) Administer oaths and affirmations;
(4) Regulate the course of hearings;
(5) Examine witnesses and direct witnesses to testify;
(6) Receive, rule on, admit, exclude or limit evidence.
(7) Rule on pending motions and procedural items; and
(8) Allow for continuances.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-5 - Report and record

Current through Vol. 41, No. 20, July 1, 2024
The Hearing Officer shall prepare a report containing the following:
(1) Findings of fact and conclusions of law with the reasons therefore.
(2) Recommendation to the GRDA Board of Directors regarding the pending Notice of Violation.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-6 - Board Action

Current through Vol. 41, No. 20, July 1, 2024
After the Hearing Officer has sent his recommendation to the GRDA Board of Directors as provided in 300:35-21-5 or after the time to remedy the violation has passed in the event the Respondent does not request a hearing, the Board of Directors shall adopt, amend, or reject any findings or conclusions presented to the Board.
Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 45 - Administration of Rules and Hearings › Section 300:45-1-8 - Noncompliance, violations and penalties

Current through Vol. 41, No. 20, July 1, 2024
Any person, firm or corporation that fails to comply with, or violates any Rule promulgated by GRDA shall, after notice and an opportunity for hearing as provided for herein, be required to reimburse GRDA for any direct cost and overhead incurred as a result of such failure to comply or violation. Such costs may include, but are not limited to, the costs associated with the repair, restoration and reclamation of the lands and waters of GRDA and any storage costs for the Respondent's personal property and any other fee, penalty or fine as authorized by statute. Additionally, GRDA may cancel any permit or license which has been issued in connection with said boat, structure or facility and may remove or cause it to be removed from GRDA's lands and waters at the owner's expense.
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 302:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter describes the organization of the Group Self-Insurance Association Guaranty Fund Board and states its general course and methods of operation and the methods whereby the public may obtain information or make submissions or requests.
Added at 10 Ok Reg 3563, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 302:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The Group Self-Insurance Association Guaranty Fund Board hereby adopts the definitions provided in 85 O.S. Section 3, except as otherwise specifically stated. In addition, the following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board"
means the Group Self-Insurance Association Guaranty Fund Board.
"Claim"
means a written request for payment from the Group Self-Insurance Association Guaranty Fund on a form provided by the Board.
"Claimant"
means any person, partnership, association or corporation making a claim or request for payment from the Group Self-Insurance Association Guaranty Fund.
"Employer"
is further defined and limited to a member of a group self-insurance association that is approved as a self-insurer or own risk carrier by the Administrator of the Workers' Compensation Court on the date of the claiming employee's last hazardous exposure or accidental injury as determined by the Workers' Compensation Court. The term "employer" specifically does not include any state entity or political subdivision of the State.
"Group Self-Insurance Association"
means an association organized by two or more employers having a common interest which have entered into agreements to pool their liabilities under the Oklahoma Workers' Compensation Act.
"Fund"
means the Group Self-Insurance Association Guaranty Fund.
Added at 10 Ok Reg 3563, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 302:1-1-3 - Composition and powers of the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The Group Self-Insurance Association Guaranty Fund Board was created and exists by virtue of 85 O.S. Section 66.2. The Board shall consist of not less than three (3) nor more than nine (9) members. Each member shall be an administrator of a Group Self- Insurance Association which has been approved by the Workers' Compensation Court as an own risk carrier or self-insured risk.
(b) The Board authorizes payment from the Group Self-Insurance Association Guaranty Fund in the event that a group self-insurance association that was approved by the Administrator of the Worker's Compensation Court as a self-insured or own risk carrier is unable to make payment of an award and judgment is rendered against such employer and/or a group self-insurance association and execution is levied and returned unsatisfied in whole or in part.
Added at 10 Ok Reg 3563, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 302:1-1-4 - Meeting procedures

Current through Vol. 41, No. 20, July 1, 2024
The Chairman of the Board, or three (3) members of the Board by written request to the Chairman, shall call Special Meetings as often as deemed necessary to conduct the business of the Board and shall file notice with the Secretary of State of the State of Oklahoma and post a copy of said notice and agenda as required by the Open Meetings Act. All meetings of the Board shall be conducted in compliance with the applicable provisions of the Oklahoma Open Meeting Act, 25 O.S. Section 301 et seq.
Added at 10 Ok Reg 3563, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 302:1-1-5 - Public access to records

Current through Vol. 41, No. 20, July 1, 2024
All official records of the Board not otherwise specifically privileged from disclosure by law shall be of public record, available for inspection and review in the office of the Board under reasonable circumstances and at reasonable times during normal business hours. Official records of the Board may not be removed from the office of the Board.
Added at 10 Ok Reg 3563, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 302:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter describes the procedures for filing a claim for payment from the Fund and hearing procedures.
Added at 10 Ok Reg 3565, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 302:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The Group Self-Insurance Association Guaranty Fund Board hereby adopts the definitions provided in 85 O.S. Section 3, except as otherwise specifically stated. In addition, the following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board"
means the Group Self-Insurance Association Guaranty Fund Board.
"Claim"
means a written request for payment from the Group Self-Insurance Association Guaranty Fund on a form provided by the Board.
"Claimant"
means any person, partnership, association or corporation making a claim or request for payment from the Guaranty Fund.
"Employer"
is further defined and limited to members of a group self-insurance association approved as a self-insured or own risk carrier by the Administrator of the Workers' Compensation Court on the date of the claiming employee's last hazardous exposure or accidental injury as determined by the Workers' Compensation Court. The term "employer" specifically does not include any state entity or political subdivision of the State.
"Group Self-Insurance Association"
means an association organized by two or more employers having a common interest which have entered into agreements to pool their liabilities under the Oklahoma Workers' Compensation Act.
"Fund"
means the Group Self-Insurance Association Guaranty Fund.
Added at 10 Ok Reg 3565, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 302:10-1-3 - Prerequisites for filing a claim

Current through Vol. 41, No. 20, July 1, 2024
Judgment must be rendered against the employer in the Workers' Compensation Court and certified to the District Court and execution of the judgment must be levied and returned unsatisfied in whole or in part before a claim may be considered by the Board.
Added at 10 Ok Reg 3565, eff 7-12-93
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 302:10-1-4 - Claim procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) The claim shall be in writing on a form provided by the Board for such purpose or in writing by the claimant and shall contain the following information:
(1) Name of claimant, Social Security number, if applicable, and address;
(2) Name of employer and group self-insurance association and claim number of Workers' Compensation claim;
(3) Nature of claim, whether temporary total disability, permanent partial disability, medical expenses, mileage or attorney fees;
(4) A statement of the amount of the claim;
(5) Copies of all pleadings filed in the Workers' Compensation claim; and
(6) Copies of all pleadings filed in District Court in an effort to execute on a judgment of the Workers' Compensation Court, if applicable.
Oklahoma Administrative Code › Title 302 - Group Self-Insurance Association Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 302:10-1-5 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
Any Claimant aggrieved regarding the payment of a claim by the Board may request a hearing before the Board within twenty (20) days of being notified of the Board's determination. The request for hearing shall be in writing. The hearing will be held in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. Section 250.1 et seq. The Board will review claims in an effort to compensate claimants for liabilities of insolvent group self-insurance associations. The Board is not required to pay the total amount of the liability of the employer and/or group self-insurance association, but may use its discretion in determining the amount to be paid to the Claimant.
Added at 10 Ok Reg 3565, eff 7-12-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 303:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter describes the organization of the Individual Self-Insured Guaranty Fund Board and states its general course and methods of operation and the methods whereby the public may obtain information or make submissions or requests.
Added at 10 Ok Reg 4053, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 303:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The Individual Self-Insured Guaranty Fund Board hereby adopts the definitions provided in 85 O.S. Section 3, except as otherwise specifically stated. In addition, the following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board"
means the Individual Self-Insured Guaranty Fund Board.
"Claim"
means a written request for payment from the Individual Self-Insured Guaranty Fund on a form provided by the Board.
"Claimant"
means any person, partnership, association or corporation making a claim or request for payment from the Individual Self-Insured Guaranty Fund.
"Employer"
is further defined and limited to those approved as an individual self-insured or individual own risk carrier by the Administrator of the Workers' Compensation Court on the date of the claiming employee's last hazardous exposure or accidental injury as determined by the Workers' Compensation Court. The term employer" specifically does not include any state entity or political subdivision of the State.
"Fund"
means the Individual Self-Insured Guaranty Fund.
Added at 10 Ok Reg 4053, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 303:1-1-3 - Composition and powers of the Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The Individual Self-Insured Guaranty Fund Board was created and exists by virtue of 85 O.S. Section 66.1. The Board shall consist of not less than three (3) nor more than nine (9) members. Each member shall be employed by an organization which has been approved by the Workers' Compensation Court as an own risk carrier or self-insured risk.
(b) The Board authorizes payment from the Individual Self-Insured Guaranty Fund in the event that an employer who was approved by the Administration of the Worker's Compensation Court as a self-insured or own risk carrier is unable to make payment of an award and judgment is rendered against such employer and execution is levied and returned unsatisfied in whole or in part.
Added at 10 Ok Reg 4053, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 303:1-1-4 - Meeting procedures

Current through Vol. 41, No. 20, July 1, 2024
The Board shall call Special Meetings as often as deemed necessary to conduct the business of the Board and shall file notice with the Secretary of State of the State of Oklahoma and post a copy of said notice and agenda as required by the Open Meeting Act. All meetings of the Board shall be conducted in compliance with the applicable provisions of the Oklahoma Open Meeting Act, 25 O.S. Section 301 et seq.
Added at 10 Ok Reg 4053, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 1 - Organization and Administration › Section 303:1-1-5 - Public access to records

Current through Vol. 41, No. 20, July 1, 2024
All official records of the Board, not otherwise specifically privileged from disclosure by law, shall be of public record, available for inspection and review in the office of the Board, under reasonable circumstances at reasonable times during normal business hours. Official records of the Board may not be removed from the office of the Board.
Added at 10 Ok Reg 4053, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 303:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter describes the procedures for filing a claim for payment from the Fund and hearing procedures.
Added at 10 Ok Reg 4055, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 303:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The Individual Self-Insured Guaranty Fund Board hereby adopts the definitions provided in 85 O.S. Section 3, except as otherwise specifically stated. In addition, the following words or terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board"
means the Individual Self-Insured Guaranty Fund Board.
"Claim"
means a written request for payment from the Individual Self-Insured Guaranty Fund on a form provided by the Board.
"Claimant"
means any person, partnership, association or corporation making a claim or request for payment from the Individual Self-Insured Guaranty Fund.
"Employer"
is further defined and limited to those approved as an individual self-insured or individual own risk carrier by the Administrator of the Workers' Compensation Court on the date of the claiming employee's last hazardous exposure or accidental injury as determined by the Workers' Compensation Court. The term "employer" specifically does not include any state entity or political subdivision of the State.
"Fund"
means the Individual Self-Insured Guaranty Fund.
Added at 10 Ok Reg 4055, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 303:10-1-3 - Prerequisites for filing a claim

Current through Vol. 41, No. 20, July 1, 2024
At least one of the following conditions must be met in order for a Claim to be reviewed by the Board:
(1) The employer has filed a petition in bankruptcy;
(2) The claimant makes a motion for default judgment against the employer in the Workers' Compensation Court;
(3) The claimant makes a motion to revoke the employer's own risk permit based on the employer's failure to pay a claim;
(4) The claimant makes any motion in the Workers' Compensation Court against the employer for the employer's failure to pay a claim; or
(5) Judgment is rendered against the employer in the Workers' Compensation Court and execution of the judgment is levied and returned unsatisfied in whole or in part.
Added at 10 Ok Reg 4055, eff 7-26-93
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 303:10-1-4 - Claim procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) The claim shall be in writing on a form provided by the Board for such purpose or in writing by the claimant and shall contain the following information:
(1) Name of claimant, Social Security number, if applicable, and address;
(2) Name of employer and claim number of Workers' Compensation claim;
(3) Nature of claim, whether temporary total disability, permanent partial disability, medical expenses, mileage or attorney fees;
(4) A statement of the amount of the claim;
(5) Copies of all pleadings filed in the Workers' Compensation claim; and
(6) Copies of all pleadings filed in District Court in an effort to execute on a judgment of the Workers' Compensation Court, if applicable.
Oklahoma Administrative Code › Title 303 - Individual Self-Insured Guaranty Fund Board › Chapter 10 - Procedures for Requesting Payment › Section 303:10-1-5 - Hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
Any Claimant aggrieved regarding the payment of a Claim by the Board may request a hearing before the Board within twenty (20) days of being notified of the Board's determination. The request for hearing shall be in writing on a form provided by the Board for such purpose. The hearing will be held in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. Section 250.1 et seq. The Board will review claims in an effort to compensate claimants for liabilities of insolvent employers. The Board is not required to pay the total amount of the liability of the employer, but may use its discretion in determining the amount to be paid to the Claimant.
Added at 10 Ok Reg 4055, eff 7-26-93
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-2 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-3 - Qualifications [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 16 Ok Reg 2836, eff 7-12-99; Amended at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06; Amended at 26 Ok Reg 1473, eff 6-11-09
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-4 - Determination of fair market price [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 10 Ok Reg 3567, eff 7-12-93; Added at 11 Ok Reg 3811, eff 7-11-94; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06; Amended at 26 Ok Reg 1473, eff 6-11-09
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-5 - Procurement schedule [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06; Amended at 26 Ok Reg 1473, eff 6-11-09
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-6 - Parity between qualified agencies and persons [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 11 Ok Reg 3811, eff 7-11-94; Revoked at 14 Ok Reg 3543, eff 8-25-97
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-7 - Waiver of rules [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Revoked at 14 Ok Reg 3543, eff 8-25-97
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-8 - Grievances [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 20 Ok Reg 2349, eff 7-11-03
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-9 - List of products and services for which fair market has not been determined [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 26 Ok Reg 1473, eff 6-11-09
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-10 - Meetings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3567, eff 7-12-93; Amended at 14 Ok Reg 3543, eff 8-25-97; Amended at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06; Amended at 26 Ok Reg 1473, eff 6-11-09
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-11 - Reports [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 3543, eff 8-25-97; Amended at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06
Oklahoma Administrative Code › Title 304 - State Use Committee › Chapter 10 - Operational Procedures [REVOKED] › Section 304:10-1-12 - Contract levy [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2349, eff 7-11-03; Amended at 22 Ok Reg 1684, eff 5-4-05 (emergency); Amended at 23 Ok Reg 2957, eff 7-13-06; Amended at 26 Ok Reg 1473, eff 6-11-09
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 1 - Organization, Operations, Procedures and Policies › Section 305:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted to comply with the provisions of the Administrative Procedures Act, Sections 302, 305 and 307 of Title 75 of the Oklahoma Statutes. They concern the organization, powers, duties, operations and procedures of the agency with respect to its administration, rulemaking, individual proceedings, and other activities.
Added at 15 Ok Reg 1507, eff 7-1-98