reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 1 - General Provisions › Section 80:10-1-2 - 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:
"Abstractor"
means a person engaged in the business of abstracting including the holder of a Certificate of Authority, Permit or Abstractor License.
"Auditor"
means the State Auditor and Inspector.
"Licensee"
means a person who holds a current Abstractor license.
"Registrar"
means the Abstractor Registrar.
Amended at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 1 - General Provisions › Section 80:10-1-4 - Authority, interpretation, and severability of rules

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are adopted pursuant to Title 74 Oklahoma Statutes, Section 227.10 et seq., known as the Oklahoma Abstractors Law and Title 75 Oklahoma Statutes, Section 301 et seq. Should a court having jurisdiction or the Attorney General of Oklahoma find any part of the rules of this Chapter to be inconsistent with the provisions of law as they presently exist or are hereafter amended, they shall be interpreted to comply with the statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of these rules shall not affect the valid sections.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-1 - Who must hold abstractor license

Current through Vol. 41, No. 20, July 1, 2024
(a) When the holder of a Certificate of Authority or Permit is an individual or partner who is actively engaged in the process of preparing abstracts, he shall be required to have an Individual Abstractor License.
(b) Any person employed by "a holder of a Certificate of Authority or Permit for the purpose of searching county records or compiling abstracts shall hold an Abstractor License. The provisions of this [subsection] shall not apply to an employee whose sole function is to put the work product of others into typewritten or other readable form." [74:227.24]
Amended at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-2 - Examinations for abstractor license

Current through Vol. 41, No. 20, July 1, 2024
The test for an Abstractor License will be given monthly at a location designated by the Registrar. A testing fee of $35.00 must be paid to the Auditor prior to taking the test. This fee must be paid every time the test is taken. Tests will be graded either pass or fail. Seventy per cent (70%) of the questions must be answered correctly to pass. All test results will be confidential. If failed, the test can be taken again in thirty (30) days, not to exceed three times in a six (6) month period.
Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 14 Ok Reg 2194, eff 6-12-97
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-3 - Abstractor license term and fee

Current through Vol. 41, No. 20, July 1, 2024
Each Abstractor License shall be valid for one (1) year for each county in which the supervising certificate holder or permit holder has a valid certificate or permit respectively. The fee for each license and renewal thereof shall be fifty ($50.00) dollars.
Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 14 Ok Reg 2194, eff 6-12-97; Amended at 21 Ok Reg 3173, eff 9-13-04
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-4 - Notice of change in licensee's employment

Current through Vol. 41, No. 20, July 1, 2024
(a) If a licensee leaves the employ of a holder of a Certificate of Authority or Permit, or changes employment to another holder of a Certificate of Authority or Permit, he shall so inform the Auditor in writing within ten (10) days of the action.
(b) The holder of a Certificate of Authority or Permit shall inform the Auditor in writing of the termination of a licensee within (10) days. The holder of a Certificate of Authority or Permit is not required to give notice to the Auditor when a licensee takes contractual leave.
Amended at 11 Ok Reg 3661, eff 7-11-94
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-5 - Bonds required for Permits and Certificates of Authority

Current through Vol. 41, No. 20, July 1, 2024
Each application for a Certificate of Authority shall be accompanied by a bond concerning county records and either a bond or insurance to pay damages for possible errors in abstracts prepared by the abstract company. Each application for a Permit shall be accompanied by a bond concerning county records only.
(1)
County records bond.
(A) The bond shall be valid for one (1) year and extend coverage to the various county offices for damages by reason of mutilation, injury or destruction of any record or records of the several county offices to which the applicant may have access.
(B) If a surety bond is provided it shall be issued by a surety company licensed to do business in the State of Oklahoma.
(C) The original bond shall be filed in the office of the Registrar and said office shall mail a certified copy of the bond to the County Clerk's office for filing.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-6 - Application fees for Permits and Certificates of Authority

Current through Vol. 41, No. 20, July 1, 2024
(a) An application fee shall accompany each application for a Certificate of Authority. A separate application is required for each county in which the applicant desires to do business. The fee shall be as follows:
(1) County Population of less than 30,000 - $250
(2) County Population of 30,000 but less than 60,000 - $500.00
(3) County Population of 60,000 but less than 100,000 - $750.00
(4) County Population of 100,000 or more - $1,000.00
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-7 - Licensing associations, corporations, partnerships

Current through Vol. 41, No. 20, July 1, 2024
The Auditor may issue a Permit or a Certificate of Authority to an association, partnership, corporation or other entity recognized by the laws of the State of Oklahoma. An applicant for Permit or Certificate of Authority under this section shall be required to comply with the same laws, rules, regulations and orders as individuals. Such entities shall designate in writing an individual as service agent to receive service of summons and notice of hearings or state on the application form that it will accept service at its business address on the application form.
Amended at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-8 - Licensing nonresidents

Current through Vol. 41, No. 20, July 1, 2024
Anyone who is not a resident of the State of Oklahoma but who otherwise qualifies for a Certificate of Authority, Permit or Abstractor License may obtain the same by complying with the applicable laws, rules, regulations and orders. In addition, any such person shall give written consent that actions, suits at law and administrative proceedings may be commenced against such nonresident in any county in this state where any cause of action may arise or be claimed to have arisen out of any actions occurring as a result of alleged activities under the Oklahoma Abstractors Law. Such consent shall be applicable to a nonresident, his agents or employees. Further, such nonresident shall appoint, in writing, a service agent in the State of Oklahoma to receive service of summons or notice of hearing for him in all such actions which notice shall be sufficient to give the Auditor and the courts jurisdiction over him in all such actions. A nonresident may designate the Registrar as his service agent.
Amended at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-9 - Forms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Certificate of Authority.
(1) An application form for a Certificate of Authority shall be used when an entity applies for a Certificate of Authority for the first time.
(2) A renewal form shall be used for the annual renewal of the Certificate of Authority.
(3) A transfer form shall be used when the ownership of holder of a Certificate of Authority changes.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 3 - Abstractor Licenses, Certificates of Authority, and Permits › Section 80:10-3-10 - Abstracting Fees

Current through Vol. 41, No. 20, July 1, 2024
(a) A List of Abstracting Fees shall be attached to an Application for Certificate of Authority, an Application to Renew Certificate of Authority and an Application to Transfer Certificate of Authority.
(1) A list of Abstracting Fees shall include all fees an applicant intends to charge for abstracting services or products.
(2) No certificate of authority shall be issued to any applicant until the List of Abstracting Fees is approved by the Abstractor Registrar.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 5 - Regulation of Licensees and Certificate/Permit Holders › Section 80:10-5-1 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) The State Auditor and Inspector shall conduct inspections of all Permit Holders and Certificate Holders at the discretion of the Registrar and to hire employees to this end.
(b) Upon request, a Permit Holder or Certificate Holder shall provide access to such inspector to the records and premises of their business. Failure to do so in a timely manner shall constitute an offense subject to fine, suspension, revocation or such other sanction as may be determined by law.
(c) Certificate Holders shall maintain for five years a copy of the certificate page of such abstract; a worksheet, the certificate page of any abstract used for duplication, and billing information.
Amended at 9 Ok Reg 2705, eff 7-13-92; Amended at 14 Ok Reg 2194, eff 6-12-97
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 5 - Regulation of Licensees and Certificate/Permit Holders › Section 80:10-5-2 - Penalties for failure to pay renewal fees

Current through Vol. 41, No. 20, July 1, 2024
The Auditor shall assess and collect penalties against licensees and certificate holders for the failure to pay renewal fees. Such penalties shall be posted in the Registrar's office. If the amount of the penalty is changed, thirty (30) days notice shall be given before the change shall be effective.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 5 - Regulation of Licensees and Certificate/Permit Holders › Section 80:10-5-3 - Preparation of abstracts

Current through Vol. 41, No. 20, July 1, 2024
(a)
Type of Abstract.
A Certificate of Authority holder shall prepare an abstract to cover a fee simple, or upon the request of a customer, a fee simple less and except oil, gas and other mineral interests, and where applicable, coal interests. The Abstract Certificate and/or Caption Sheet shall reflect the nature of the abstract along with an appropriate disclaimer regarding that which is excluded.
(b)
Contents of Abstract.
For the time period covered by the certification, an abstract shall include the following: all instruments that have been filed for record or have been recorded in the Office of the County Clerk which legally impart constructive notice of matters affecting title to the subject property, any interest therein or encumbrances thereon; the records of the District Court Clerk and the County Clerk that disclose executions, court proceedings, pending suits, liens of any kind affecting the title to said real estate; judgments or transcripts of judgments against any of the parties appearing within the chain of title of the abstract, either indexed and docketed prior to October 1, 1978 on the judgment docket of the District Court Clerk or filed for record or recorded on or after October 1, 1978 in the Office of the County Clerk of said county; and all ad valorem tax liens due and unpaid against said real estate, tax sales thereof unredeemed, tax deeds, unpaid special assessments certified to the Office of the County Treasurer, due and unpaid, tax sales thereof unredeemed, and tax deeds given thereon and unpaid personal taxes which are a lien on said real estate.
(c)
Federal Court Records.
For property located in Muskogee, Oklahoma and Tulsa counties, for the time period covered by the certification, an abstract or special certificate shall include the records of the Clerk of the United States District Court and the records of the Clerk of the United States Bankruptcy Court in Muskogee, Oklahoma and Tulsa counties, respectively, that disclose executions, court proceedings, pending suits and bankruptcy proceedings in said courts affecting title to the subject property; judgments or transcripts of judgments against any of the parties appearing within the chain of title of the abstract, either indexed and docketed prior to October 1, 1978 on the judgment docket of the Clerk of the respective United States District Court or filed for record or recorded on or after October 1, 1978 in the office of the County Clerk of the respective county, affecting title to said real estate.
(d)
Other Services.
Any service performed by the holder of a Certificate of Authority that does not meet the standard established in subsection (b) of this section shall not be designated an "abstract" and shall not include an Abstract Certificate.
Amended at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 5 - Regulation of Licensees and Certificate/Permit Holders › Section 80:10-5-4 - Legibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Copies of documents included in an abstract of title prepared by a holder of a Certificate of Authority shall be as legible as the source document on file in the offices of the County Clerk or the District Court Clerk except for source documents larger than 8 1/2" × 14".
(b) Any holder of a Certificate of Authority shall be subject to a fine of up to ten dollars ($10.00) per page for each page of an abstract of title that fails to meet the standard in subsection (a) of this section.
Added at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 5 - Regulation of Licensees and Certificate/Permit Holders › Section 80:10-5-4.1 - Abstracts furnished without delay

Current through Vol. 41, No. 20, July 1, 2024
Failure by an abstract company to furnish an abstract within the following time periods shall be deemed to constitute unnecessary delay pursuant to O.S. 74 §227.20, unless the reason for the delay was beyond the control of the abstractor, including but not limited to: extensive illness, rapid increases in orders, and acts of God.
(1) Abstract Extensions and Supplemental Abstracts:
(A) Counties over 40,000 population:
(i) Platted: 10 working days
(ii) Unplatted: 15 working days
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 5 - Regulation of Licensees and Certificate/Permit Holders › Section 80:10-5-5 - New plants

Current through Vol. 41, No. 20, July 1, 2024
(a) Any abstract plant built by a permit holder shall include an index of all documents which legally impart constructive notice of matters affecting title to real property, any interest therein or encumbrance thereon which have been filed or recorded in the offices of the county clerk and court clerk of the county in which an abstract company is licensed regardless of whether an instrument is in such offices.
(b) Such abstract plant shall consist of a system of recording information in which notations or references to any documents that describe property affected are organized by the property description and such information is compiled from copies of the instruments and not copied or reproduced from any county index.
(c) Such abstract plant shall include a description of the property, a reception number or the book and page number where the document was filed, the date of filing, the grantor, the grantee, and any other information as the abstract company shall deem appropriate.
(d) Any person employed by the holder of a Permit to search county records, acquire information for, or post information to such an abstract plant shall hold an Abstractor License.
Added at 14 Ok Reg 2194, eff 6-12-97
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 1 - General Provisions › Section 85:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter provides for organization and operations of the
				  Department and Board, rules of practice and procedure before the Board, and
				  definitions.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 1 - General Provisions › Section 85:1-1-4 - Operation and Location of the Board and Department

Current through Vol. 41, No. 20, July 1, 2024
(a) The principal office of the Oklahoma
				Banking Board is located at 2900 North Lincoln Boulevard, Oklahoma City,
				Oklahoma 73105 .
(b) Office hours
				of the Department shall be established by the Commissioner and shall begin no
				later than 8:30 a.m. and shall end no earlier than 4:30 p.m., except Saturdays,
				Sundays, holidays, and any day on which state offices are otherwise
				closed.
(c) The Board, or any
				official exercising its authority, may meet and exercise its official powers
				and functions at any location in the State of Oklahoma.
Amended at 13 Ok Reg
				  1899, eff 6-27-96; Amended at 25 Ok Reg 1057, eff
				  5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 1 - General Provisions › Section 85:1-1-5 - Communication with the Board and Commissioner

Current through Vol. 41, No. 20, July 1, 2024
(a) Every communication in writing to the Board shall be addressed to the Commissioner at the principal office, unless the Board directs otherwise.
(b) Every pleading and other document tendered for official filing shall be deemed received only upon physical or electronic delivery to the Commissioner or the principal office of the Board.
(c) Filing of any instrument shall not be complete except upon payment of all applicable fees required by law.
(d) Unless otherwise required by the Commissioner, any provision in this Title requiring written notification or that a document be provided in writing may be satisfied by providing electronic communication and electronic images of a document.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 1 - General Provisions › Section 85:1-1-6 - Requests for Information

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				records of the Department are subject to review only as provided in the Code
				and the Oklahoma Open Records Act. Requests for information shall be
				accompanied by a Request for Records form prescribed by the Commissioner, which
				shall identify the name, address and telephone number of the person requesting
				the information and the specific information or types of information requested.
				The person requesting to inspect or receive copies of records shall state
				whether the records are being viewed or requested for a personal, business or
				commercial reason.
(b) All requests
				for information must be submitted to the principal office of the Department.
				Records of the Department will be available to the public for inspection only
				during regular office hours.
(c) No
				original records shall be removed from the Department. A charge for copies may
				be made in accordance with the Open Records Act and the provisions of this
				title or the Code.
Added at 25 Ok Reg 1057,
				  eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-1 - Records and transcripts

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner may, in his discretion, cause a record to be
				  made of an individual proceeding before the Board or Commissioner. If the
				  Commissioner chooses not to cause a record to be made, other than audio
				  recording of a proceeding, a record may be made by any party to a proceeding.
				  If a party chooses to cause a record to be made of an individual proceeding, a
				  transcript of proceedings will be made at the request and expense of any party
				  ordering it; however, two copies shall be furnished to the Department at the
				  requesting party's expense in cases in which the Commissioner's or Board's
				  decision is appealed.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-2 - Service of pleadings

Current through Vol. 41, No. 20, July 1, 2024
(a) Service of an initial pleading. Every application in which a party is named a respondent shall be served by the State Banking Department on each respondent named therein by mail or electronic delivery accompanied by a notice of hearing stating the date on which the cause is set for hearing, which shall be no less than ten (10) days after notice is mailed. Service hereunder shall be required in addition to provisions of these rules requiring service by publication.
(b) Service of subsequent pleadings. Every pleading, after the initial pleading, shall be served by the party filing it by regular mail or electronic delivery upon all parties of record. Parties of record shall include the applicant, all named respondents and all persons having theretofore entered an appearance in the cause, in person or by an attorney.
(c) Certificate of service. Every pleading required to be served by regular mail or electronic delivery shall contain a list of the persons served and the certificate of the party or his attorney, that on the date stated a copy of the pleading was mailed, postage prepaid, or delivered, to each person listed. Any pleading required to be served by regular mail or electronic delivery may be served by leaving a copy thereof at the principal office of the party, or of the attorney for the party, or at the email address designated for the party or the attorney for the party.
(d) Service not jurisdictional. Service prescribed by this section shall not be jurisdictional except where so provided by the Constitution or by statute. Failure to comply with the provisions of this section as to mailing and service notice shall not deprive the Board or Commissioner of jurisdiction of the proceeding, but shall be grounds for such appropriate relief as the Commissioner may order.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-3 - Commencement of a proceeding; intervention; consolidation

Current through Vol. 41, No. 20, July 1, 2024
(a) Every proceeding shall be commenced by an
				initial pleading which shall be either:
(1) an
				application, which shall include any request for authority, approval,
				determination, permission or other Board action or relief whether or not
				directed against a named respondent; or
(2) an appeal of a decision of the
				Commissioner, which decision is entitled to be appealed to the Board,
				or
(3) an order of the Board or
				Commissioner commencing a proceeding.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-4 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commissioner shall determine the names of all interested persons who might be
				directly aggrieved by the determination of the Board or the Commissioner at
				such hearings.
(b) The Commissioner
				shall give written notice of hearing to such persons at least ten (10) days
				prior to the hearing.
(c) The
				Commissioner shall give any additional notice required by law and may give
				additional notice where he deems it advisable.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-5 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioner
				may continue a hearing at any time for any period, with or without notice or
				motion.
(b) Except for good cause
				shown, or by agreement of all parties appearing at the hearing, no continuance
				will be granted upon motion of a party unless notice thereof is given to all
				interested parties at least three (3) days prior to the date set for hearing. A
				stipulation for continuance among all parties of record ordinarily will be
				approved unless the Commissioner determines that the public interest requires
				otherwise.
(c) Every continuance
				shall be to a day certain, and shall be made by order of the
				Commissioner.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-6 - Depositions

Current through Vol. 41, No. 20, July 1, 2024
(a) Deposition of a
				witness may be taken pursuant to a subpoena or by agreement of the parties
				involved. The deposition of a witness may be taken inside or outside the State
				of Oklahoma, with the requesting party bearing the cost of the court
				reporter.
(b) The manner of taking
				deposition and the use thereof shall otherwise be governed by the laws relating
				to taking of depositions for use in the District Courts of Oklahoma.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-7 - Production of documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon application of a party, or upon the Commissioner's own motion, with or without notice, the Commissioner may make an order requiring a party to produce designated documents or tangible objects for inspection by parties to the proceeding, or for copying at the expense of the applicant, or to be offered in evidence. The order shall direct production thereof at the hearing, or at a pre-hearing conference and production shall be at the principal office of the Board, unless some other place is stated in the order. An order hereunder may be directed to a party not yet a party of record, conditioned that if such party appears at the hearing, the order thereupon will be complied with.
(b) The party applying therefor shall mail a copy of the order by regular or electronic mail on each party of record at least seven days prior to the date upon which production is required.
(c) An order pursuant to this section may require production of any document not privileged which constitutes or contains evidence relevant to the subject matter of the proceeding, or may reasonably lead to such evidence. Business records shall not be deemed privileged as such; but confidential business records and information will be protected from disclosure except where directly relevant to the issues in the proceedings.
(d) The order shall identify the document or object to be produced individually or by categories, with sufficient particularity to permit easy identification thereof by the party ordered to make production.
(e) An exact photographic copy of a document may be substituted for the original, at the expense of the person requesting the instrument.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-8 - Interrogatories

Current through Vol. 41, No. 20, July 1, 2024
Interrogatories may be submitted to a party in an individual
				  proceeding under the same restrictions and procedures as set forth in the
				  Oklahoma Statutes governing discovery in civil cases.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-9 - Examiner testimony

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Department examiners are prohibited from giving testimony which would disclose
				information obtained from confidential records as defined in 6 O.S.
				§§
									208
				and
				209(D),
				or information obtained in the process of developing confidential records
				without the express permission in writing of the Commissioner.
(b) Litigants seeking to subpoena Department
				examiners for depositions or hearings shall serve one copy of the subpoena upon
				the examiner and shall timely furnish one copy of each subpoena to the
				Department.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-10 - Examination reports - confidentiality

Current through Vol. 41, No. 20, July 1, 2024
Examination reports are the property of the regulatory
				  agencies that generate them. Copies are furnished to banks and trust companies
				  for their confidential use. Under no circumstances shall a bank, trust company,
				  or any of its directors, officers or employees disclose or make public in any
				  manner the report or any portion thereof. If a subpoena or other legal process
				  is received calling for production of an examination report, the Department
				  must be notified immediately.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-11 - Pre-hearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioner, with or without request by any party of record, may order the parties or their attorneys to appear at a designated time for a pre-hearing conference to consider:
(1) Simplification of the issues.
(2) Presentation of issues of law, adjudication of which may simplify or eliminate issues of fact.
(3) Admissions and stipulations of fact which will avoid unnecessary evidence and testimony.
(4) Identification of documents to be offered at the hearing.
(5) Identification of and numerical limit upon experts and other witnesses.
(6) Discovery and production of documents, records, data and other information.
(7) Other matters as may aid in trial of the proceedings.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-12 - Witness and subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Subpoena.
Pursuant to 6 O.S. §
									206(A),
				the Commissioner, upon request of a party, or upon his own motion, may issue
				subpoenas in any pending proceeding requiring attendance of a witness from any
				place in the state to the place of hearing. Praecipe for subpoena shall be
				filed with the Commissioner.
(b)
Subpoena duces tecum.
A subpoena may require the witness to
				produce at the hearing books, records, accounts, papers and other instruments
				and tangible objects, which shall be described with reasonable particularity in
				the subpoena. A subpoena duces tecum directed to a party not an individual may
				direct that the records be produced by an officer or employee responsible
				therefor.
(c)
Service of
				subpoena.
A subpoena may be served by a law enforcement officer, by an
				attorney, or by any other person competent to make an oath; and the person
				serving the same shall attach his affidavit of the person served, and time and
				manner of service. Service also may be made in any other manner provided by
				law.
(d)
Return.
The
				original subpoena, with affidavit of service thereon, shall be filed with the
				Commissioner.
(e)
Protective
				orders.
The Commissioner may make any orders with respect to subpoena
				and attendance of witness with or without application or notice, as may be
				appropriate for the protection of parties and witnesses, including an order
				excusing attendance, or limiting documents to be produced.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-13 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
At such hearings, the rules of evidence set forth in the
				  Oklahoma Evidence Code shall apply and the hearing shall be conducted in
				  accordance with the Oklahoma Evidence Code relating to hearings therein
				  provided, insofar as may be practicable.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-14 - Order of proof

Current through Vol. 41, No. 20, July 1, 2024
The applicant who institutes a proceeding shall open and
				  close the proof. Intervenors shall be heard immediately following principal
				  parties with whom allied in interest. In all other cases, the presiding officer
				  shall designate the order of proof.
Amended at 25 Ok Reg
				  1057, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-15 - Adverse party

Current through Vol. 41, No. 20, July 1, 2024
A party may call an adverse party or an officer or employee
				  of an adverse party, in which case the witness may be impeached and otherwise
				  cross-examined.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-17 - Documents

Current through Vol. 41, No. 20, July 1, 2024
Documentary evidence may be received in the form of copies or
				  excerpts, if the original is not readily available. Upon request, parties shall
				  be given an opportunity to compare the copy with the
				  original.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-19 - Complaint procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				primary purpose of the complaint procedure is to assist consumers in obtaining
				a formal response from an institution or company under the jurisdiction of the
				Department (the respondent). If the undisputed facts indicate that a respondent
				has violated state or federal law with respect to the complaining party, the
				Commissioner may notify both the complaining party and the respondent and
				recommend a resolution to the complaint. The Commissioner may take other action
				against the respondent if the activity or violation identified in the
				complaint, and verified by the Commissioner, indicates a threat to the safety
				and soundness of the respondent or a violation of law enforced by the
				Department.
(b) All complaints
				shall be on a form prescribed by the Commissioner. All complaints shall be
				answered by the Commissioner or the Commissioner's designee, without
				proceedings before the Board.
(c)
				Unless determined by the Commissioner to be frivolous or not including facts
				that may entitle the complaining party to relief under applicable law, the
				Commissioner shall forward each complaint to the respondent named in the
				complaint. The respondent shall have 20 days to respond in writing to the
				complaint, unless such time is extended by the Commissioner for good
				cause.
(d) The Commissioner shall
				not have jurisdiction to decide questions of fact raised by the parties to a
				complaint nor shall the Commissioner have authority to enforce, interpret, or
				avoid the provisions of a contract between the parties to a complaint. However,
				the Commissioner may inform the complaining party and respondent that a
				contract provision is contrary to established law.
(e) Although a complaint may include a
				request for relief against a named respondent, a complaint will not result in
				adversary or other proceedings as described in these rules. Decisions of the
				Commissioner with respect to complaints shall be final as to the administrative
				process and no appeal or other proceedings shall be held before the
				Commissioner or Board with respect to complaints. Provided, however, decisions
				of the Commissioner shall not preclude, endorse or otherwise affect the rights
				of any person to pursue civil relief in a court of competent jurisdiction with
				respect to the issues presented in a complaint.
Added at 25 Ok Reg 1057,
				  eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-20 - Petitions for rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Any interested person may file a petition requesting the promulgation,
				amendment, or repeal of a rule in this title. The petition shall:
(1) be in writing;
(2) refer to the statutory section that
				authorizes the rulemaking action requested;
(3) refer to the need for the rulemaking
				action requested, including the consequences of not approving the rulemaking
				action requested;
(4) state the
				exact language for the rulemaking action requested;
(5) state the purpose of the rule
				sought;
(6) state a fact situation
				to which the rule sought will apply; and
(7) list the name and address of the person
				requesting the rule.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 1 - Required Rules › Subchapter 3 - Procedural Rules › Section 85:1-3-21 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				interested person may file a petition for a declaratory ruling as to the
				applicability of any rule or order of the Department. An official ruling will
				only be given if it is shown that an actual case, controversy, or issue is in
				contemplation on the fact situation presented and that unreasonable hardship,
				loss or delay would result if the matter were not determined in
				advance.
(b) A petition for a
				declaratory ruling shall:
(1) be in
				writing;
(2) refer to the rule or
				order involved;
(3) state the
				nature and purpose of the declaratory ruling sought;
(4) state the fact situation with respect to
				which the declaratory ruling is sought;
(5) provide citations to, and a summary of,
				authorities (whether controlling or not) relating to the issues presented by
				the petition; and
(6) list the name
				and address of the person requesting the ruling.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code › Subchapter 1 - General Provisions › Section 85:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This Chapter sets forth the supervisory and regulatory
				  requirments, procedures and standards for a variety of bank and trust company
				  activities, powers and issues, as well as defining and clarifying various terms
				  and provisions of the Oklahoma Banking Code. This Chapter also provides
				  specific and general guidance for the general administration of the Oklahoma
				  Banking Code and in appropriate cases, grants or clarifies bank
				  powers.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code › Subchapter 1 - General Provisions › Section 85:10-1-2 - 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 text 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."
"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.
"Deposits"
shall be defined by those definitions
				  used in the Federal Deposit Insurance Act and, specifically for the purpose of
				  computing reserves, demand deposits shall include cashiers checks issued by the
				  bank.
"Department"
means the Oklahoma State Banking
				  Department.
"Land"
as it applies to Section 1004(A)(2) of
				  the Code shall not include mortgages on land.
"Official Checks"
includes cashiers checks,
				  tellers checks, money orders, and other checks drawn on bank or trust company
				  funds to pay for bank or trust company expenses or liabilities.
"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.
Amended at 15 Ok Reg
				  2952, eff 7-15-98; Amended at 25 Ok Reg 1064, eff
				  5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code › Subchapter 3 - Departmental Requirements › Section 85:10-3-1 - Report of condition

Current through Vol. 41, No. 20, July 1, 2024
Each state-chartered bank and trust company located within
				  this State shall report to the Commissioner its statement of condition,
				  together with other statistical information as may be requested by the
				  Commissioner. Unless otherwise directed by the Commissioner, a bank may comply
				  with this section by supplying its report of condition to the Federal Deposit
				  Insurance Corporation or other federal regulatory agency approved by the
				  Commissioner if such report is electronically available to the
				  Commissioner.
Amended at 25 Ok Reg
				  1064, eff 5-25-08
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code › Subchapter 3 - Departmental Requirements › Section 85:10-3-2 - Report of change of controlling interest

Current through Vol. 41, No. 20, July 1, 2024
(a) When a bank or trust company is required
				by the Code to report a change of control to the Commissioner, such report
				shall be given within 60 days after the change of control becomes effective,
				unless such time period is extended upon request to the Commissioner. Such
				report shall include:
(1) the number of shares
				sold and by whom,
(2) the number of
				shares purchased and by whom,
(3)
				the cost per share,
(4) whether or
				not a loan was obtained by the purchaser for the purpose of purchasing the
				stock; if so, the amount, number of shares pledged, other collateral pledged,
				rate and terms, and the name of the lender, and
(5) a resume of the past business operation
				and experience of the purchaser(s), together with financial statements dated
				within six (6) months. If the president or chief executive officer is unable to
				furnish the information required, the purchaser of the stock shall make the
				required report. Biographical and financial information called for by this
				paragraph may be supplied using a form adopted for such use by the Federal
				Deposit Insurance Corporation or the Federal Reserve System.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code › Subchapter 3 - Departmental Requirements › Section 85:10-3-3 - Report of change of chief executive officer or director

Current through Vol. 41, No. 20, July 1, 2024
(a) When a bank or trust company is required
				by the Code to report a change of chief executive officer or director, such
				report shall be given within 60 days after the change becomes effective, unless
				such time period is extended upon request to the Commissioner. Such report
				shall include:
(1) a biographical sketch of
				the individual involved,
(2) a
				statement of the past and present business affiliations and professional
				affiliations, and
(3) a financial
				statement dated within six (6) months.
Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 10 - Supervision, Regulation, and Administration of Banks, Trust Companies, and the Oklahoma Banking Code › Subchapter 3 - Departmental Requirements › Section 85:10-3-4 - Report of change of director [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 25 Ok Reg
				  1064, eff 5-25-08