reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 4 - Eligibility, Board Action, and Interest Rates › Section 415:10-4-5 - Interest rates on loans

Current through Vol. 41, No. 20, July 1, 2024
In the loan package, the financial institution must provide an estimate of the applicable interest rate to be given to the eligible participant. The financial institution must further certify that the eligible participant's rate of interest on the loan
shall be reduced by at least the same number of percentage points that the certificate of deposit
will be reduced when placed with the financial institution [62:88.6(D)]. The reduction must be from a documented interest rate which would have been available to the eligible participant and which shall be certified by the financial institution to OST. A linked deposit loan may not be a variable rate loan. The financial institution and the participant must certify to OST the actual interest rate received by the participant.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 4 - Eligibility, Board Action, and Interest Rates › Section 415:10-4-6 - Extension time allowed for funding

Current through Vol. 41, No. 20, July 1, 2024
The maximum extension time a lending institution is allowed for a request for funding of an approved linked deposit is normally ninety (90) days after notification of approval. OST or the Board may extend this time further for good cause shown.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 5 - Processing Procedures [Revoked] › Section 415:10-5-1 - Lending institutions certification of application [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 5 - Processing Procedures [Revoked] › Section 415:10-5-2 - Applications forwarded to the Board [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 5 - Processing Procedures [Revoked] › Section 415:10-5-3 - Reduction of interest rate [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 5 - Processing Procedures [Revoked] › Section 415:10-5-4 - Availability of funds [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 6 - Renewal and Readmittance Applications › Section 415:10-6-1 - Renewal and readmittance applications

Current through Vol. 41, No. 20, July 1, 2024
Renewal and readmittance applications are generally not submitted to the Board for their consideration and recommendation. Those applications are reviewed and approved or rejected by OST. A renewal or readmittance, without an increase in funding, is not considered refinancing.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 6 - Renewal and Readmittance Applications › Section 415:10-6-2 - Board action

Current through Vol. 41, No. 20, July 1, 2024
If an applicant requests additional funding and expects to create additional jobs with the linked deposit funding, or when OST determines that the application warrants Board action, renewal and readmittance applications will be presented to the Board for consideration and recommendation.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 6 - Renewal and Readmittance Applications › Section 415:10-6-3 - Substantial change in nature of business

Current through Vol. 41, No. 20, July 1, 2024
If there is a substantial change in the nature of the business, which impacts eligibility, OST or the Board may determine that the business is no longer eligible for a linked deposit.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 6 - Renewal and Readmittance Applications › Section 415:10-6-4 - Maximum length of participation

Current through Vol. 41, No. 20, July 1, 2024
When a readmittance or renewal is reviewed, the length of time of previous participation is considered in determining the total number of years of participation. No participant may exceed the maximum length of participation that is set by statute whether the participation is continuous or noncontinuous. Each partial year of participation from the date of funding is considered as a full year of participation for purposes of determining length of time in the program.
Added at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 7 - Location for Information for Filing [Revoked] › Section 415:10-7-1 - Location for information [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 7 - Location for Information for Filing [Revoked] › Section 415:10-7-2 - Public inspection of documents [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 9 - Appeal of Decisions of the Board [Revoked] › Section 415:10-9-1 - Appeal petition [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 9 - Appeal of Decisions of the Board [Revoked] › Section 415:10-9-2 - Conduct of Petition hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 9 - Appeal of Decisions of the Board [Revoked] › Section 415:10-9-3 - Exceptions to the hearing decision [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 415 - Oklahoma Linked Deposit Review Board › Chapter 10 - Small Business Linked Deposit Program › Subchapter 9 - Appeal of Decisions of the Board [Revoked] › Section 415:10-9-4 - Rehearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 2927, eff 8-3-92; Revoked at 16 Ok Reg 3330, eff 8-1-99
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 1 - Administrative Rules of Procedure › Section 420:1-1-2 - Organization

Current through Vol. 41, No. 20, July 1, 2024
The Liquefied Petroleum Gas Administration shall consist of
				State Liquefied Petroleum Gas Administrator, Chief Deputy Administrator, Safety
				Code Enforcement Officers, other staff members and the Oklahoma Liquefied
				Petroleum Gas Board, whose operations and duties shall be those set forth in
				Oklahoma Statute Title 52 O.S. 420.1 et. seq.
Amended at 22 Ok Reg 2598,
				eff 7-11-05
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 1 - Administrative Rules of Procedure › Section 420:1-1-3 - Location, office hours

Current through Vol. 41, No. 20, July 1, 2024
(a) Any member of
			 the public may obtain information or make submissions and requests to the
			 Oklahoma Liquefied Petroleum Gas Administration, located at 2501 N. Lincoln
			 Blvd., Suite 218, Oklahoma City, Oklahoma 73105. Office hours from 7:30 a.m. to
			 4:30 p.m., Monday through Friday, except for holidays legally declared by the
			 State of Oklahoma.
(b) Any person
			 seeking information, making submissions or requests shall contact the
			 Administrator who shall act on behalf of the Administration.
Amended at 18 Ok Reg 3087,
				eff 7-12-01
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 1 - Administrative Rules of Procedure › Section 420:1-1-4 - Public inspection of policies and rules

Current through Vol. 41, No. 20, July 1, 2024
(a) All rules and other written statements of
			 policy or interpretations formulated, or adopted by the Administration in the
			 discharge of its functions shall be available for public inspection during
			 normal business hours at the office of the LP Gas Administration.
(b) All orders and decisions will be made
			 available for public inspection within a reasonable period following order or
			 decision.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 1 - Administrative Rules of Procedure › Section 420:1-1-5 - Procedure for requesting promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
Any request for promulgation, amendment or repeal of a rule by
				a person shall be by petition. Said petition must specify the rule to be
				promulgated, amended or repealed, and indicate why such a rule change would be
				in the interest of those involved. Such petition shall bear the signatures of
				no less than twenty-five registrants, with no more than forty (40%) percent
				from any one category of registrants. Such petition shall be filed with the
				Administration office. Within thirty (30) calendar days of the submission of a
				petition, the petition must either be put before the LP Gas Board in a special
				or regular Board meeting, or the agency must provide a written response to the
				petitioner explaining why rulemaking proceedings were not
				initiated.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The public policy of this State, as declared by the
				Legislature, requires that all persons, firms, corporations, associations and
				other legal entities that engage in the sale of LP Gas or in the transportation
				of the same over the highways of the State of Oklahoma shall not engage in such
				business unless they have first secured a permit as required by the laws of the
				State of Oklahoma and the rules and regulations adopted pursuant to such laws.
				The rules of this chapter are intended to implement the policy and carry out
				the Board's statutory duty of regulation in the interest of public safety.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-2 - Compliance with laws and regulations

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 In case of any doubt as to the meaning of any language of the rules of this
			 chapter, such construction shall be adopted which is consistent with the
			 Constitution and the laws of the State of Oklahoma and the general public
			 policy as enunciated by the Legislature providing for the regulation of such
			 activities in the interest of public safety. All prior rules and regulations
			 pertaining to the acts and services connected with the LP Gas industry which
			 have heretofore been adopted by the Board or the Administrator are hereby
			 superseded and revoked.
(b) All
			 persons, firms, corporations, associations or other legal entities required to
			 secure licenses or permits under the laws of the State of Oklahoma and the
			 rules of this chapter shall conduct their operations in accordance with all the
			 applicable laws of the State of Oklahoma and the rules and regulations adopted
			 in this chapter. All permits which have heretofore been issued or which may
			 hereafter be issued by the Board or the Administrator are subject to the
			 applicable provisions of the law and this chapter as fully as if those laws and
			 these rules were specifically in force and effect at the time such permits were
			 issued.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
All words, phrases, and terms used in this chapter shall have
				the same general meaning as contained in Title 52 O.S., Section
				420.1
				et seq., in so far as the same are defined in said act. Where no specific
				definition is provided in the act, the words, phrases, and terms used in this
				chapter shall have the same general meaning that they are commonly understood
				to have and as they are used in the industry, unless a specific definition of
				word, phrase, or term is used within the rules of this chapter. The following
				words or terms, when used in this chapter, shall have the following
				meaning:
"Act"
means Title 52 O.S., Sections
				420.1
				through
				420.17.
"Administrator"
means the State Liquefied
				Petroleum Gas Administrator as created by 52 O.S., 1971, Section 420.2 or in
				event of vacancy in office of the Administrator, or in the event of his absence
				or disability as provided in 52 O.S. 1971, Section 420.2.
"Board"
means the Oklahoma Liquefied Petroleum Gas
				Board created by 52 O.S., 1971, Section 420.3.
"Employee"
means person for whom services are
				performed and who has the right to control and direct the individual who
				performs services, not only as to the result to be accomplished by the work,
				but also as to details and means by which the result is accomplished. An
				individual's status as an employee may be further evidenced by employee payroll
				deductions, withholding of state and federal income tax, social security or
				workmans compensation.
"Person,"
unless otherwise indicated, means
				individuals, corporations, partnerships, cooperatives or other
				entities.
Amended at 15 Ok Reg 3647,
				eff 7-27-98; Amended at 16 Ok Reg 3336, eff 7-26-99; Amended at 18 Ok Reg 3087,
				eff 7-12-01
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-6 - Application for certificate or permit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing Fee.
Application for any new permit under the rules of this
			 chapter shall be filed with the Administrator on written forms to be prescribed
			 by the Board or Administrator, including, but not limited to, electronic or
			 online forms, and shall be accompanied with the filing fee in the amount of Ten
			 Dollars ($10.00) for each permit, along with the appropriate permit
			 fee.
(b)
Examination.
Before any permit shall be issued, except those which may be specifically
			 exempt from requirement for examination by the statutes, or by this chapter the
			 applicant shall be required to pass a necessary written examination to satisfy
			 the Board or Administrator that the applicant possesses the necessary technical
			 knowledge and qualifications so as to safely deal with the product, commodity
			 or render the services authorized by the permit. All examination fees are Ten
			 Dollars ($10.00), except Class I ($55.00), and Class X ($55.00).
(c)
Exception to acquiring Class I
			 through examination.
An applicant for a Class I Dealers Permit may
			 purchase a Class I permit from its present owner, as per O.S. Title 52, but
			 must meet the following conditions:
(1) Only
			 Active Class I Dealer Permits are transferable. An Inactive Class I Dealer
			 Permit is not transferable;
(2) Pay
			 a Class I Transfer Fee of Five Thousand Dollars ($5,000.00);
(3) A Class X Manager's permit must be in
			 place, before the transfer, for the person actually in charge of the LP gas
			 operation at each separate branch or base of operation of the Class I permit
			 holder;
(4) Have on file with the
			 LP Gas Administration the required Class I insurance requirements as per OAC
			 420:10-1-18.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-7 - Contents of application

Current through Vol. 41, No. 20, July 1, 2024
The application shall be verified, and shall contain the
				following information, together with any additional information that the Board
				or the Administrator may require:
(1)
Name and Address.
The application shall contain name of applicant,
			 form of organization, if other than an individual, and principal business
			 address, which shall be the registered address for the purpose of serving all
			 notices under the rules of this chapter and the address of all places and
			 locations that the applicant proposes to engage in the business of
			 manufacturing, fabricating, selling or assembling LP Gas appliances or the
			 transportation or sale of LP Gas including bulk storage locations.
(2)
Physical property.
The
			 application shall contain a description of the physical properties that the
			 applicant for a Class I permit has for engaging in such business, whether owned
			 or leased, and a description of all storage, manufacturing, assembling,
			 fabrication equipment and facilities presently owned and which he intends to
			 use.
(3)
Type of
			 service.
The application shall set forth specifically the type of
			 service the applicant intends to perform and the type of a permit that the
			 applicant seeks to secure.
(4)
Supervisor.
If the applicant for a Class I Permit is other than an
			 individual the application shall designate some specific individual, as the
			 Class X permit holder, who as an employee of the applicant shall have the
			 responsibility for supervising and directing the operation of the business, at
			 each separate branch and base of operation, and who shall submit himself for
			 the required written examination and show himself to be technically qualified
			 to engage in the handling of LP Gas appliances, products or the sale of LP Gas,
			 in compliance with the laws of the State of Oklahoma.
(5)
Qualifications.
The
			 application for a Class I permit shall set forth the general education
			 qualifications, and background, of the applicant. The same information shall be
			 set forth concerning the person designated as the responsible Class X Manager
			 or Managers for the operations of the business.
(6)
Legal entities.
(A) The corporation must include in the Class
			 I application a complete list of officers and directors, state of and date of
			 incorporation, or if foreign corporation, date of domestication in
			 Oklahoma.
(B) Partnerships must
			 include in the Class I application a complete list of partners involved,
			 regardless of how the ownership has been established.
(C) Associations of any sort must describe in
			 Class I application the nature of association and give a complete list of
			 directors or officers and members.
(D) Any other non-personal legal entity must
			 describe in the application the nature of their business and legal
			 structure.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-8 - Processing and handling of applications and examinations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scheduling.
Upon the receipt of an application for a permit for
			 Class I or Class X permit the Board or Administrator shall schedule the
			 applicant provided therein for examination at the next periodic written
			 examination, unless the application be filed less than 30 days prior to the
			 next scheduled written examination.
(b)
Passing score.
A score of
			 80% correct shall be a passing grade for all examinations.
(c)
Examinations.
(1)
Class I examination.
Questions for a Class I examination shall be selected at random from a
			 reservoir of questions consisting of no less than 500 questions but no more
			 than 1000 questions. Questions shall be of four-part, multiple choice. Prior to
			 being placed in the reservoir the questions shall be reviewed by the
			 Administrator and approved by the Board. For each examination a total of 150
			 questions shall be drawn from the reservoir. All applicants sitting at one time
			 shall receive identical examinations. Questions shall be from NFPA pamphlets 58
			 and 54 and rules and regulations promulgated by the Board. All exams shall be
			 coded in such a manner that identity of the applicant shall be unknown to the
			 grading authority.
(2)
Qualified Managers examination.
Questions for a Class X Qualified
			 Managers Examination shall be selected at random from a reservoir of questions
			 consisting of no less than 500 questions but no more than 1000 questions.
			 Questions shall be of four-part, multiple choice. Prior to being placed in the
			 reservoir the questions shall be reviewed by the Administrator and approved by
			 the Board. For each examination a total of 100 questions shall be drawn from
			 the reservoir. All applicants sitting at one time shall receive identical
			 examinations. Questions shall be from NFPA pamphlets 58 and 54 and rules and
			 regulations promulgated by the Board. All exams shall be coded in such a manner
			 that identity of the applicant shall be unknown to the grading authority.
(3)
Class IV and IV-D
			 examinations.
Class, IV and IV-D examinations consist of standardized
			 examinations. Class IV examinations will consist of 50 questions and Class IV-D
			 exam will consist of 75 questions, each to be prepared by the Administrator.
(4)
Class VI-A
			 examinations.
Class VI-A examinations shall be standard concerning
			 basics of safety and handling of LP Gas. The examination to be prepared by the
			 Administrator.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-10 - Temporary operation on death of a Class I permit holder

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time limit.
Upon the death
			 of a permit holder, the Administrator, upon being advised of such death, may in
			 his discretion, permit the operation of the business by some capable person for
			 a period of not to exceed 120 days. No further continuances beyond 120 days
			 shall be granted without review and approval of the Board, and can in no event
			 be extended more than an additional three months.
(b)
Class X continuance.
If an
			 Executor or Administrator of the estate has employed a Class X permit holder,
			 the Executor or Administrator may continue the operation, during the course of
			 administration of the estate or eighteen (18) months, whichever is shorter,
			 subject to the requirement that at all times a Class X Manager is
			 retained.
Amended at 16 Ok Reg 3336,
				eff 7-26-99
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-11 - Change of ownership

Current through Vol. 41, No. 20, July 1, 2024
Permits granted under the rules of this chapter and the act
				shall be personal to the holder thereof and shall not be assigned or
				transferable. In the event of a change of ownership the new operator shall
				currently hold a Class I permit or shall secure a Class I prior to change of
				ownership. Upon change of ownership where the new operator chooses to operate
				the business as a separate legal entity other than his existing Class I permit
				then he must meet the requirements of a new Class I permit, except the Class I
				testing. After change of ownership the new Class I permit holder shall secure
				minimum storage requirements within one year and meet requirements of
				420:10-1-9(1).
Amended at 10 Ok Reg 4081,
				eff 7-26-93; Amended at 11 Ok Reg 3853, eff
				7-11-94
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-12 - Assigning or permitting the use of permits prohibited

Current through Vol. 41, No. 20, July 1, 2024
Permits issued by the Board or Administrator, shall be personal
				to the holder thereof. Any plan or scheme whereby the holder of a permit allows
				the use thereof by any other is prohibited, and the attempt to do so shall
				constitute grounds for suspension or revocation of the
				permit.
Amended at 10 Ok Reg 4081,
				eff 7-26-93
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-13 - Responsible employees and managers who shall be required to have technical qualifications and manager's permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Class X requirements.
A qualified manager possessing a Class X
			 permit shall be required to actively supervise the LP Gas related sales and/or
			 service being offered to the public at each separate branch or base of
			 operation of a Class I permit holder which is operated as a relatively
			 independent operation free from the day to day immediate supervision and
			 control of the holder of the Class I permit, or the manager of a non-personal
			 Class I permit holder. A Class X manager shall be considered to be actively
			 supervising if such a manager is employed by the Class I permit holder to be
			 the responsible party for the day to day immediate supervision of no more than
			 two (2) separate branches or bases of operation, including training and
			 oversight of employees, and is readily available to address daily operational
			 needs and unforeseen events and emergencies. If the Administrator approves a
			 request to operate LP gas related sales and/or services offered to the public
			 without the active supervision of a Class X manager, then such request shall be
			 subject to future review by the Administrator in his or her sole discretion. In
			 determining whether such a separate branch or base of operation exists, the
			 Administrator shall consider the following:
(1) The distance of the LP Gas related sales
			 and/or service being provided from the location of the main or central base of
			 operation. In any case where a truck is stationed twenty-five (25) miles or
			 more away from the direct supervision of a Class X managed operation, then the
			 burden of proof is on the Class I permit holder to prove that it is not a
			 separate branch or base of operation and meets all the requirements of the
			 Oklahoma Rules and Regulations.
(2)
			 The type and kind of LP Gas related sales and/or service offered to the public.
			 Sales and/or service to residential customers and public buildings is
			 considered to require more supervision than sales and/or service to industrial,
			 agricultural and motor fuel customers;
(3) Any and all other pertinent information
			 which indicates that a separate branch or base of operation exists.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-14 - Standards for the storage and handling of liquified petroleum gas

Current through Vol. 41, No. 20, July 1, 2024
(a)
NFPA standards.
The
			 standards for the storage and handling of liquefied petroleum gases adopted by
			 the National Fire Protection Association (NFPA) and published in its pamphlets
			 No. 58, and the standards for the installation of gas appliances and gas piping
			 adopted by said NFPA and published in its pamphlet No. 54 have been adopted by
			 the Legislature in 52 O.S., Section 420.3(E) and shall be accepted standards
			 for the State of Oklahoma. All Class I, Class II, and Class III permit holders
			 must have a current electronic or paper copy of NFPA 58 and 54 available for
			 use at each separate branch.
(b)
Supplemental standards.
The following standards are supplemental
			 to NFPA pamphlet No. 58 and shall be part of the rules and regulations of the
			 Oklahoma Liquefied Petroleum Gas Board:
(1)
Definitions.
(A) The word
			 "approved" as used in this section means acceptable to the State Liquefied
			 Petroleum Gas Administrator. A device or system having materials or forms
			 different from those detailed in this section may be examined and tested
			 according to the intent of the regulations and if found equivalent, may be
			 approved.
(B) In this section those
			 provisions which are considered essential for adequate protection of life and
			 property from fire are indicated by the words "shall" and "must. " The words
			 "should" or "preferably" indicate advisory provisions concerning which the
			 State Liquefied Petroleum Gas Administrator of Oklahoma should be
			 consulted.
(C) In each place
			 mentioned in NFPA No. 54 and NFPA No. 58 where it refers to "the authority
			 having jurisdiction" this would mean the Liquefied Petroleum Gas
			 Administrator.
(D) An "important
			 building" shall be any building, open to the public, or inhabited by people, in
			 which any LP Gas system of any type is installed.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-15 - Standards for installations of gas appliances, gas piping and testing

Current through Vol. 41, No. 20, July 1, 2024
(a) The standards for installation of gas
			 appliances, gas piping and testing, thereof adopted by the National Fire
			 Protection Association and published in its Handbook No. 54, have been adopted
			 by the Legislature in 52 O.S. 1991, Section 420.3 (e) and shall be the accepted
			 standards for the State of Oklahoma.
(b) Pressure tests and/or leak tests that are
			 required by NFPA 54, 58, 1192, and this chapter, shall be documented on an
			 approved Form 4 or other Board approved form. The form shall be completed with
			 one (1) copy in file at the office or branch office serving the account, one
			 (1) copy filed with the LP Gas Administration within fifteen (15) working days
			 after tests are performed, and one(1) copy to the owner, renter or responsible
			 person.
(c) Form 4's and other
			 approved forms must be completed in their entirety, legible and with all
			 required signatures. If Form 4's are not completed properly they will not be
			 accepted as a testing record. Form 4's or other Board approved forms shall be
			 utilized to document pressure tests or leaks tests as follows:
(1) Prior to injecting gas in a system for
			 the first time (new customer), or if a period of 24 months has passed since gas
			 was injected into a system previously serviced.
(2) After any circumstance as described in
			 NFPA 54 that would require a pressure test or leak test, such as, but not
			 limited to the following:
(A) a section of
			 new or modified gas piping is placed into service;
(B) gas leakage is suspected;
(C) an out of gas condition occurs;
(D) an interruption of service.
(3) In the event of a change of
			 ownership of the propane company, properly completed and filed Form 4's or
			 other Board approved form may be transferred to the new company. The new
			 company must secure a Form 4 or other Board approved form on all customers
			 transferred. If a Form 4 cannot be secured on all the customers transferred,
			 then the Administrator will establish a time schedule for the new company to
			 complete and file all required Form 4's, as needed to stay in
			 compliance.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-16 - Training Schools

Current through Vol. 41, No. 20, July 1, 2024
(a)
Safety
			 schools for Class I dealers and Class X managers.
It shall be the
			 continuing responsibility of all active Class I holders, including sole
			 proprietorships, and Class X permit holders to attend a Board-sanctioned
			 management safety seminar at least once every two (2) years. Seminars shall be
			 available at least annually, with biennial attendance a requisite for license
			 renewals.
(b)
Safety school
			 for fuel handling personnel.
Class IV, IV-D, and VI-A permit holders
			 must attend a Board-sponsored or sanctioned safety school at least once a year.
(1) Schools will be held at least annually at
			 such times and places as may be deemed advisable. It shall be the
			 administration policy to make available regional schools for the convenience of
			 the industry.
(2) Such schools in
			 no way relieve the dealer of the responsibility of training new employees
			 adequately through on-the-job training.
(3) A fuel handlers card is required for all
			 LP Gas transport drivers to demonstrate their qualifications to transport LP
			 Gas, including, but not limited to, compliance with training requirements in
			 NFPA 58 and Section
			 177.816 of Title 49 of the Code of
			 Federal Regulations. A Safety Code Enforcement Officer may ask an LP Gas
			 transport driver for documents sufficient to establish his or her identity and
			 qualifications, including, but not limited to, a driver license and fuel
			 handlers card.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-17 - Minimum standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The holder of
			 any permit shall have sufficient equipment and facilities to render the
			 services offered to the public and authorized under said permit. Upon request
			 of either the Administrator or the Board, such permit holder shall furnish a
			 list of the equipment and facilities that he owns or controls, which is used in
			 performing the services under said permit. The Board, Administrator or any
			 authorized employee of the Board or Administrator shall have authority, at
			 reasonable business hours to inspect the facilities, and equipment of such
			 permit holder to assure that they meet reasonable safe standards. The refusal
			 of the right of reasonable inspection by any permit holder shall be cause for
			 suspension or revocation of the permit.
(b) No holder of a permit shall cease
			 performing the services offered to the public and authorized under said permit
			 for a period of 120 days. Failure to perform services for a longer period shall
			 place permit on inactive status. Holder of permits, desiring to temporarily
			 suspend operation shall advise the Administrator in writing as to the date that
			 operation is to be suspended.
Amended at 10 Ok Reg 4081,
				eff 7-26-93
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-18 - Insurance requirements

Current through Vol. 41, No. 20, July 1, 2024
Insurance pursuant to the provisions of this section shall be
				maintained in full force and effect during the operation of the business for
				which the coverage was issued. Except as otherwise provided for in this
				section, no registration permit shall be issued until said certificate is filed
				with the Administrator. No insurance coverage shall be canceled or terminated
				without thirty (30) days prior written notice of cancellation or termination to
				the Administrator. The following are the minimum insurance requirements for LP
				Gas permit holders licensed by the State of Oklahoma
(1)
Class I - Dealer Permit.
(A) General liability, Bodily Injury,
			 Property Damage, including products and completed operations liability coverage
			 shall be obtained as follows: $1,000,000 per occurrence; $1,000,000
			 aggregate.
(B) Motor vehicle
			 insurance must meet State and Federal requirements.
(C) Workers' compensation insurance shall be
			 obtained as required by Oklahoma State statutes.
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-19 - Permit expirations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Setting
			 expiration dates.
Registration permits shall expire annually with no
			 permit extending longer than one calendar year. The expiration dates will be
			 set by the Board.
(b)
Semi-annual permits.
The Administrator may issue a Semi-Annual
			 permit to applicants engaging in such business after (6) six months of renewal
			 date of any year. A semi-annual permit shall run until the following renewal
			 date and the fee for such permit shall be one-half that of the corresponding
			 annual permit.
(c)
Late
			 fee.
The Board is authorized to establish necessary penalty provisions
			 required to ensure prompt payment of said renewal fees. Any permit that is not
			 renewed before September 1 of each year, shall accrue a penalty of twenty-five
			 (25%) of the annual permit fee. This penalty must be paid in full before the
			 permit can be renewed, and is in addition to any other penalty provided by law,
			 including, but not limited to, the administrative penalty established by 52
			 O.S., § 420.6.
(d)
Expiration dates.
All class of permits shall expire on August 31
			 of each year.
Amended at 12 Ok Reg 2819,
				eff 7-13-95
Oklahoma Administrative Code › Title 420 - Oklahoma Liquefied Petroleum Gas Board › Chapter 10 - Liquefied Petroleum Gas Administration › Section 420:10-1-20 - Suspension or revocation of registration permits and fines; appeals

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority.
The Administrator
			 is authorized to suspend or revoke any registration permit issued by the Board,
			 if it is found at a hearing on the matter, that the registrant has violated or
			 is violating or has failed or is failing to comply with any provisions of Title
			 52, O.S., Section
			 420.1
			 and following, or these rules or specifications, or has delivered a lesser
			 quantity of gas than the registrant bills the customer for with intent to
			 defraud.
(b)
Individual
			 Proceeding.
Administrative actions presented to the Administrator shall
			 be an individual proceeding governed by the provisions of Article II of the
			 Oklahoma Administrative Procedures Act.
(c)
Notice of Hearing on
			 Citation.
The administrative process shall be initiated upon the filing
			 of a Notice of Hearing on Citation which will provide notice of the proposed
			 administrative action, including a statement of the time, place and nature of
			 the hearing, the legal authority and jurisdiction under which the hearing is to
			 be held, a reference to the sections of statutes and rules involved and a
			 statement of the matters asserted. The Notice of Hearing on Citation shall be
			 given by registered mail not less than ten (10) days, exclusive of the date of
			 mailing, before the date thereof, addressed to the registrant complained
			 against and to any other parties involved, each of whom shall have the right to
			 file answer, to appear and be heard in person and by counsel, and to present
			 evidence at such hearing.
(d)
Burden of proof.
At any hearing conducted pursuant to this
			 section, the LP Gas Administration shall have the burden of proving by clear
			 and convincing evidence that the registrant has violated the statutes or rules
			 stated in the Notice.
(e)
Hearing officer.
The Administrator shall act as hearing officer
			 and shall preside over the hearings. The Administrator shall have the duty to
			 conduct a fair hearing, to take all necessary action to avoid delay, and to
			 maintain order. The Administrator shall have all powers necessary, including,
			 but not limited to:
(1) Examine witnesses and
			 direct witnesses to testify.
(2)
			 Receive, rule on, exclude or limit evidence.
(3) Rule on procedural issues.
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The provisions of this Chapter set forth the organization and procedural rules governing the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission and have been adopted for the purpose of complying with 52 O.S., Section 420.20.
(b) The Commission is the policy making and governing authority for administration of the Act. The purposes of the Commission are set forth in the Act, but may be stated generally to include coordinating marketing and research activities of the LP Gas industry and to promote safety through programs and education.
Added at 14 Ok Reg 3183, eff 7-25-97
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context clearly indicates otherwise, or unless defined in this Section, terms used in this Chapter, if defined in the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Act shall have the meanings set forth in such act. The following words and terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Act"
means the most recent codification of the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Act, 52 O.S. Sections 420.20 through 420.30.
"Assessment"
means the one-half cent ($0.005) levied on each gallon of odorized LP Gas which is collected by the operator of a loading rack upon delivery into any cargo container in the State of Oklahoma except for odorized LP gas destined for export out of the state if the LP gas is in continuous movement to a destination outside of Oklahoma.
"Commission"
means the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission.
"Refund"
means the refund of the assessment authorized by Section 420.29 of the Act.
"LP gas"
means liquefied petroleum gas (propane).
"Revolving Fund"
means the fund created in the State Treasury for the Commission to be designated the "Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Revolving Fund."
Added at 14 Ok Reg 3183, eff 7-25-97; Amended at 25 Ok Reg 2508, eff 7-11-08
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-3 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall be organized in accordance with Section 420.23 of Title 52 of the Oklahoma Statutes. The powers and duties of the Commission shall be as set forth in 52 O.S., Section 420.24. Membership in the Commission shall be determined in accordance with 52 O.S., Section 420.23
(b) The Commission may appoint a Director to carry out the provisions of the Act. The Director shall not be an appointed Commission Member.
Added at 14 Ok Reg 3183, eff 7-25-97
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-4 - Funding

Current through Vol. 41, No. 20, July 1, 2024
(a) The activities of the Commission are funded through a one-half cent ($0.005) per gallon assessment on the first sale of odorized LP gas or at the time of import of odorized LP gas into the State of Oklahoma. The assessment is voluntary inasmuch as any party subject to the assessment may apply for a Refund for the amount of the assessment paid by or on behalf of such person during the preceding calendar year.
(b) The Commission may expend Revolving Fund revenues as provided by law.
(c) Expenditures against claims filed as prescribed by law with the Director of Finance for approval and payment.
Added at 14 Ok Reg 3183, eff 7-25-97; Amended at 25 Ok Reg 2508, eff 7-11-08
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-5 - Official actions

Current through Vol. 41, No. 20, July 1, 2024
(a) All official acts of the Commission shall be evidenced by a written record, and all final orders, decisions, opinions, rules and other written statements of policy of interpretations formulated, adopted or used in the discharge of the function of the Commission shall be available for public inspection.
(b) Official action of the Commission shall not be bound or be prejudiced by any informal statement made or opinion given by any Commission member, the Director or employees of the Commission.
Added at 14 Ok Reg 3183, eff 7-25-97
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-6 - Location, office hours

Current through Vol. 41, No. 20, July 1, 2024
(a) Any member of the public may obtain information or make submission and requests to the Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission, 6412 N. Santa Fe Ave., Suite C, Oklahoma City, Oklahoma 73116-9111. Office hours from 8:30 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.
(b) Any person seeking information, making submissions or requests shall contact the Director who shall act on behalf of the Commission.
Added at 14 Ok Reg 3183, eff 7-25-97; Amended at 15 Ok Reg 3267, eff 7-13-98; Amended at 25 Ok Reg 2508, eff 7-11-08
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-7 - Public inspection of policies and rules

Current through Vol. 41, No. 20, July 1, 2024
(a) All rules and other written statements of policy or interpretations formulated, or adopted by the Commission in the discharge of its function shall be available for public inspection during normal business hours at the office of the Oklahoma LP Gas Research, Marketing and Safety Commission.
(b) All orders and decisions will be made available for public inspection within a reasonable period following order or decisions.
Added at 14 Ok Reg 3183, eff 7-25-97
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 1 - Administrative Operations › Section 422:1-1-8 - Procedure for requesting promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
Any request for promulgation, amendment or repeal of a rule by a person shall be by petition, said petition must specify the rule to be promulgated, amended or repealed, indication why such a rule change would be in the interest of those involved, such petition shall bear the signatures of no less than fifty-one (51%) percent of all Class I permit holders in the state. Such petitions shall be filed with the Commission office at least 30 days prior to a regularly scheduled Commission meeting, and must be placed upon said Commission's Agenda for consideration without delay.
Added at 14 Ok Reg 3183, eff 7-25-97