Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 7 - Application for Permit to Develop Abstract Plant › Section 5:11-7-2 - Renewal of permit to develop abstract plant

Current through Vol. 41, No. 20, July 1, 2024
(a) A permit holder shall actively pursue development of the abstract plant. In the initial period of development, a minimum of one-half of the total available records must be indexed within three (3) years from the issue date of the permit. Plants currently under development as of the effective date of the rule shall also be required to have indexed a minimum of one-half of the total available records within three (3) years following their next renewal date. Failure of new or existing permit holders to complete the required indexing may result in the non-renewal and revocation of their permit. In the event of extenuating circumstances for non-completion, the Board may consider allowing additional time at the Board's discretion. The remainder of plant development shall be completed within two (2) years of the initial period. Failure to complete plant development by the end of this final period may result in the non-renewal and revocation of the permit. In the event of extenuating circumstances for non-completion, the Board may consider allowing additional time at the Board's discretion.
(b) Board action on renewal application. The application for the renewal of a permit to develop an abstract plant shall be considered by the Board at the next meeting after receipt of the application and completion of the review.
(1) In the event a motion is made to not renew a permit, the matter may be set down as a show cause matter at the next Board meeting. The permit holder shall be notified of the matter at least ten (10) days prior to the meeting date. Notice of the date, time, and place of the meeting at which the application for renewal and information will be considered by the Board shall be provided to the permit holder. The notice shall include a statement of facts or conduct which warrant non-renewal of the permit.
(2) Presentation before the Board.
(A) At the meeting where the application for renewal is being considered the permit holder shall be limited to thirty (30) minutes to present information in support of the application. Other persons wanting to provide comments regarding the application collectively shall be limited to thirty (30) minutes to present information. Additional time may be granted by the chairman upon good cause shown.
(B) The order of presentation of information regarding the application and opposition shall be established by the chairman.
(3) Criteria.
(A) The Board shall consider the following factors in arriving at its decision:
(i) compliance with the Act and Rules;
(ii) payment of applicable fees;
(iii) adequacy of county records bond; and
(iv) activity of the permit holder in pursuit of the construction of the plant.
(B) The Board may consider other factors deemed relevant to the consideration of the application for renewal including additional information not obtained during the review.
(4) Decision of the Board. After consideration and action by the board on an application, the chairman shall issue an order reflecting the decision of the Board. A copy of the order shall be mailed to the permit holder.