Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 1 - General Provisions › Section 85:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise. Any term used in this Title but not otherwise defined in this Title
				  shall have the meaning provided for such term in the Code, unless the context
				  clearly indicates otherwise.
"Applicant"
means a party commencing a
				  proceeding in the form of an application, appeal, or some other request for
				  action or review by the Board or the Commissioner; and includes the terms
				  "plaintiff," ""appellant" and "petitioner."
"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 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"
means the Oklahoma Banking Board.
"Code"
means the Oklahoma Banking Code, found at
				  Title 6 Okla. Stat. section
				  101
et
				  seq.
"Commissioner"
means the Oklahoma Bank
				  Commissioner.
"Complaint"
means a notice to the Commissioner
				  regarding an alleged violation of state or federal law committed by an
				  institution, company, or person under the jurisdiction of the
				  Department.
"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 every other
				  party having 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 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" of any proceeding
				  shall consist of the following where offered at the hearing, whether or not
				  received:
(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) Any other instruments or matters relevant to the issues
				  that the Board or Commissioner may order included in the record.
"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". An institution, company, or
				  person named in a complaint shall also be considered a respondent for purposes
				  of the complaint.
Amended at 11 Ok Reg
				  4171, eff 10-1-94; Amended at 15 Ok Reg 2951, eff 7-15-98; Amended at 25 Ok Reg
				  1057, eff 5-25-08