reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-11 - Banking, deposits and payment requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The Act requires each retailer to
			 establish a separate bank account in an institution insured by the Federal
			 Deposit Insurance Corporation (FDIC) and to provide the OLC with authorization
			 to transfer lottery proceeds from this account using Electronic Funds Transfer
			 (EFT). All funds due the OLC shall be considered State funds until paid to the
			 OLC and are to be deposited into this separate bank account no later than the
			 close of the next banking day after the date of their collection by the
			 retailer.
(b) The OLC will provide
			 notification of the amount of the accounting period EFT by way of an invoice to
			 the retailer. Lottery proceeds due the OLC, as calculated on the invoice for an
			 accounting period, will be transferred from the retailer bank account to the
			 OLC on the Tuesday morning following the accounting period. When the Monday
			 immediately preceding a scheduled Tuesday EFT transfer is a legal holiday, the
			 transfer will occur on Wednesday morning.
(c) On the EFT funds transfer day (Tuesday
			 morning), if all net lottery proceeds as detailed on the retailer invoice are
			 not in the separate retailer bank account and this results in a non-sufficient
			 funds (NSF) sweep, the retailer will be deemed to be in default. OLC will
			 immediately contact the retailer and:
(1) If
			 it is a first NSF default, require the retailer to deposit the required funds
			 into the EFT lottery account to enable a wire transfer to be completed that
			 day. A $25.00 NSF fee will be charged as an adjustment to the retailer
			 account.
(2) If a second NSF
			 default occurs within a 6 month period, OLC may immediately suspend the
			 retailer's terminal operation until the required funds are brought to OLC or
			 received by an OLC representative. A $25.00 NSF fee will be charged as an
			 adjustment to the retailer account.
(3) If a third NSF default occurs within the
			 same 6 month period provided in paragraph 2 of this subsection, the OLC may
			 terminate the retailer contract immediately and commence collection proceedings
			 on all money due to OLC.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-12 - Damage to OLC provided equipment

Current through Vol. 41, No. 20, July 1, 2024
(a) Retailers shall exercise due diligence in
			 protecting OLC provided equipment from damage.
(b) Retailers shall report any damaged
			 equipment to OLC or OLC's authorized representative as soon as
			 practical.
(c) Failure to report
			 damaged equipment in a timely manner or repeated instances of equipment damage
			 may be cause for cancellation or suspension of the retailer's
			 contract.
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2778, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-1 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 23 Ok Reg 180, eff 10-10-05
				(emergency); Reserved at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-3 - Ticket responsibility

Current through Vol. 41, No. 20, July 1, 2024
(a) A
			 ticket is a bearer instrument until signed on the back by the ticket
			 holder.
(b) The OLC will not be
			 responsible for lost, stolen, or destroyed tickets.
(c) The OLC will not be responsible for
			 mutilated, altered, unreadable tickets or tickets tampered with in any
			 manner.
(d) The OLC will not be
			 responsible for tickets claimed by a player in error for a lower prize at a
			 retailer.
(e) The OLC may not pay
			 prizes to any claimant who purchases a ticket from an unauthorized retailer or
			 unauthorized person.
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-4 - Sale of lottery tickets

Current through Vol. 41, No. 20, July 1, 2024
(a) Only retailers who have a current
			 contract with OLC are authorized to sell lottery tickets and tickets may be
			 sold only at the authorized location.
(b) Each lottery ticket shall be sold for the
			 retail sales price authorized by OLC and stated on the OLC website .
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-5 - Determination of lottery prize winner

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 play symbols shall be used by a player to determine eligibility for instant
			 game prizes.The numbers appearing on an online ticket shall be used by the
			 player to determine eligibility for online game prizes.
(b) A player's eligibility to win a prize is
			 subject to OLC ticket validation requirements.
(c) For each instant game, the player shall
			 uncover the play area on the ticket to reveal the play symbols. Eligibility to
			 win a prize is based on the approved play style programmed in the Lottery's
			 central gaming system.
(d) The
			 numbers appearing on an Online ticket shall be used by the player to determine
			 eligibility for Online Game prizes.
(e) A player's eligibility to win a prize is
			 subject to the OLC ticket validation requirements.
(f) Eligibility to win a prize is based on
			 the approved play style provided in the Online Game Procedures.
(g) An online game play may only be claimed
			 for the highest prize category won.
(h) For purposes of calculation of any prize
			 to be paid in any Online game, the winning prize amount shall be rounded down
			 to the nearest dollar.
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-6 - Lottery ticket validation requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
			 lottery ticket shall be validated according to OLC validation procedures prior
			 to payment of a prize.
(b) An
			 Instant Game ticket shall comply with all of the following:
(1) The ticket shall not be stolen or appear
			 on any list of printer omitted tickets on file with the OLC;
(2) The ticket shall not be counterfeit or
			 forged, in whole or in part;
(3)
			 The ticket shall not be mutilated, altered, or unreadable;
(4) The ticket shall have been issued by the
			 OLC in an authorized manner;
(5)
			 The ticket shall pass the confidential OLC validation and security tests
			 appropriate to the applicable play style;
(6) The validation number of an apparent
			 winning ticket shall appear on the OLC's official file of validation numbers of
			 winning tickets. A ticket with that validation number shall not have been paid
			 previously;
(7) The ticket shall
			 be intact, and not miscut, and have exactly one play symbol and exactly one
			 caption in each of the play spots, exactly one pack number, exactly one ticket
			 number, exactly one retailer validation code, and exactly one validation number
			 on the ticket;
(8) The game, pack,
			 ticket, and validation numbers must be present in their entirety and be fully
			 legible. The validation numbers shall correspond, using the OLC's files, to the
			 play symbols on the ticket;
(9)
			 The play symbols, captions, validation number, retailer validation code, pack
			 number, and ticket number must be right side up and not reversed in any manner;
(10) The ticket must not be blank
			 or partially blank, misregistered, defective, or printed or produced in error;
(11) Each of the play symbols must
			 be exactly one of those described in the InstantGame Working Papers , and each
			 of the captions must be exactly one of those described in the Instant
			 GameWorking Papers ;
(12) Each of
			 the play symbols on the ticket must be printed in the correct symbol font and
			 correspond precisely to the artwork on file at the OLC. Each of the captions
			 must be printed in the caption font and must correspond precisely to the
			 artwork on file at the OLC. The retailer validation code must be printed in the
			 retailer validation code font and must correspond precisely to the artwork on
			 file at the OLC. The validation number must be printed in the validation number
			 font and must correspond precisely to the artwork on file at the OLC;
(13) The display printing must be
			 regular in every respect and correspond precisely with the artwork on file at
			 the OLC.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-7 - Disputed ticket

Current through Vol. 41, No. 20, July 1, 2024
If a dispute arises between the OLC
				and a ticket claimant concerning whether the ticket is a winning ticket and if
				the ticket prize has not been paid, the OLC may, exclusively at OLC's
				determination, reimburse the claimant for the cost of the disputed ticket. This
				shall be the claimant's only remedy.
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-8 - Game end date or game promotion end date and prize claim period

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 OLC, at any time, may announce the game end date for an individual game or game
			 promotion.
(b) No tickets shall be
			 sold past the game end date.
(c)
			 Instant Game prizes shall be claimed no later than 90 days after the game end
			 date of the individual game. Online draw games shall be claimed no later than
			 180 days after the drawing date of the individual game.
(d) Instant and Online Game Promotion end
			 dates and related promotion entry dates will be provided in the Instant Game
			 and Online Game Promotion Procedures for each Promotion.
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-9 - Governing law

Current through Vol. 41, No. 20, July 1, 2024
In purchasing a ticket, the customer agrees
				to comply with, and abide by, the Act, and all rules and final decisions of the
				OLC, and all procedures and instructions established by the OLC for the conduct
				of the game or game promotion.
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-10 - Required prize withholding

Current through Vol. 41, No. 20, July 1, 2024
All prizes are subject to
				applicable federal tax withholdings, state income tax, and other required state
				withholdings, or delinquent state debt.
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-11

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff 6-25-06; Amended at 24 Ok Reg 1096,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-13 - Instant Game overview

Current through Vol. 41, No. 20, July 1, 2024
The OLC shall make available to retailers and the public detailed information
				for each Instant Game prior to it being introduced for sale to the publicvia
				the Lottery website, to include:
(1)
			 game number;
(2) game name;
(3) retail sales price;
(4) overall odds ;
(5) top prize and number of top prizes in the
			 game ;
(6) total number of tickets
			 printed;
(7) specific prizes
			 levels and their corresponding odds of winning .
Added at 23 Ok Reg 180, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2783, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-13.1 - Entry of plays

Current through Vol. 41, No. 20, July 1, 2024
(a) Online Game plays may only be entered
			 manually using the authorized lottery sales terminal or by means of a playslip
			 provided by the OLC and hand-marked by the player or by other means approved by
			 the OLC.
(b) Retailers shall not
			 permit facsimile playslips, copies of playslips, or other materials not printed
			 or approved by the OLC to be inserted into the sales terminal's playslip
			 reader.
(c) Retailers shall not
			 permit any device to be connected to a lottery sales terminal to enter plays,
			 except as approved by OLC.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-13.2 - Online Game detail

Current through Vol. 41, No. 20, July 1, 2024
(a) OLC shall make available to retailers and
			 the public game information for each Online Game prior to the game being
			 introduced to the public for sale via the Lottery website to include....
(b) The Online Game Procedures
			 shall contain at a minimum the following:
(1)
			 The game name;
(2) The retail
			 sales price;
(3) How to Play;
(4) The game odds;
(5) The game prize structure.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-14 - Lottery Game Promotion Procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) OLC
			 shall make available to retailers and the public promotional procedures for
			 each Lottery Game Promotion prior to the promotion being introduced to the
			 public for participationvia the Lottery website .
(b) The Promotional Procedures shall contain,
			 at a minimum, the following:
(1) Game
			 promotion name;
(2) Retail sales
			 price, if any;
(3) Number of
			 winners to be drawn ;
(4)
			 Eligibility requirements ;
(5)
			 Number of prizes by prize level ;
(6) Submission requirements ;
(7) Prize drawings or winner selection
			 method; and
(8) Deadline for
			 player entry.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 15 - Lottery Games › Section 429:15-1-15 - Game sell-out prohibited

Current through Vol. 41, No. 20, July 1, 2024
No
				OLC office or OLC retailer shall directly and knowingly sell a ticket or
				combination of tickets to any person or entity which would guarantee such a
				purchaser a prize in an online game or online game promotion.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 20 › Section 429:20-1-2

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 188, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2791, eff 6-25-06; Amended at 24 Ok Reg 1099,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 20 › Section 429:20-1-12

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 188, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2791, eff 6-25-06; Amended at 24 Ok Reg 1099,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 20 › Appendix A

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 23 Ok Reg 188, eff 10-10-05 (emergency) ; Added
				at 23 Ok Reg 2791, eff 6-25-06
Revoked by
				Oklahoma
				Register, Volume 38, Issue 23, August 16, 2021, eff.
				9/6/2021
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 20 › Appendix B

Current through Vol. 41, No. 20, July 1, 2024
Figure
				1
Added at 23 Ok Reg 188, eff 10-10-05 (emergency) ; Added
				at 23 Ok Reg 2791, eff 6-25-06
Revoked by
				Oklahoma
				Register, Volume 38, Issue 23, August 16, 2021, eff.
				9/6/2021
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 30 - Problem Gambling Voluntary Self-Exclusion Program › Section 429:30-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to terms defined in the Oklahoma Education Lottery
				Act, the following words or terms, when used in this Chapter, shall have the
				following meaning unless the context clearly indicates otherwise:
"Claim Center"
means an OLC authorized
				location available to pay claims for prizes of more than $600. A "
Claim
				Center
"
may also be a retailer authorized by the Board to pay
				prizes up to five thousand dollars ($5,000.00) without regard to where the
				ticket or share was purchased, after performing validation procedures
				appropriate to the game and as specified by the Board.
"Drawing"
means the process by which the lottery
				randomly selects numbers or items in accordance with the specific game rules or
				game promotion rules for those games or game promotions requiring random
				selection of numbers or items.
"Entry"
means a lottery ticket or other OLC
				authorized document submitted to OLC or any OLC authorized party for
				participation in an OLC drawing.
"Executive Director"
means the chief executive
				officer and administrator of the Oklahoma Lottery Commission.
"High-Tier Prize"
means a prize of $601 or
				more.
"Non-Cash Prize"
means merchandise prizes offered
				in lottery games or lottery promotions.
"OLC"
means the Oklahoma Lottery
				Commission.
"Prize"
means a cash amount or product
				(merchandise) that can be won in a lottery game or game promotion.
"Prize Drawing"
means a method for determining
				game or game promotion winners, as defined in OLC procedures.
"Problem Gambler"
means a person who classifies
				themselves as someone who exhibits gambling behavior patterns that compromise,
				disrupt or damage personal, family or vocational pursuits.
"Retailer"
means a business which sells lottery
				tickets or shares on behalf of OLC pursuant to a retailer
				contract.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 30 - Problem Gambling Voluntary Self-Exclusion Program › Section 429:30-1-3 - Self-exclusion Program

Current through Vol. 41, No. 20, July 1, 2024
The OLC may offer a "Self-exclusion Program" (hereinafter
				"SEP") as a voluntary, lifetime program for those who classify themselves as a
				problem gambler. The program is designed to offer such individuals the option
				to voluntarily exclude themselves from collecting any lottery prize greater
				than $600 and thus provide a disincentive for playing lottery
				games.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 30 - Problem Gambling Voluntary Self-Exclusion Program › Section 429:30-1-4 - Agreement

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director will develop a legal document with the
				assistance of the Office of the Attorney General. This document will serve as
				the legal, binding agreement between the person wishing to exclude themselves
				and the OLC. The SEP Agreement (hereinafter "Agreement") shall be presented to
				and approved by the Board of Trustees, and any amendments thereto shall be
				presented to the Board of Trustees for approval.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 30 - Problem Gambling Voluntary Self-Exclusion Program › Section 429:30-1-5 - Contents of Agreement

Current through Vol. 41, No. 20, July 1, 2024
The SEP Agreement shall at a minimum include the following
				information:
(1) A clear statement
			 that the person wishing to exclude themselves is doing so on a voluntary
			 basis;
(2) A clear statement that
			 the Agreement is valid for the lifetime of the person entering into the
			 Agreement, or until the OLC Board of Trustees cancels the SEP;
(3) A clear statement that it is the
			 responsibility of the person wishing to enter into the Agreement to not
			 purchase lottery products and not enter into any lottery drawing and that it is
			 not the responsibility of the State, the OLC, any Lottery employee or any
			 Lottery retailer to prevent such person from purchasing lottery products or
			 from entering into lottery drawings;
(4) A clear statement that it is the
			 responsibility of the person entering into an Agreement to inform the OLC if
			 they are the recipient of any marketing information through email, so the OLC
			 can remove their contact information from any marketing list;
(5) A clear statement that the person
			 entering into the Agreement releases the aforementioned from any liability
			 relating to the Agreement;
(6) A
			 clear statement that the Agreement applies to any lottery prize valued in
			 excess of $600;
(7) A clear
			 statement that in the event that a person who has executed an Agreement with
			 the OLC attempts to claim an applicable cash or non-cash prize at Lottery
			 headquarters or any authorized Claim Center, the prize shall be forfeited and
			 placed into the Unclaimed Prize Fund and used according to state law, or, if a
			 prize in an applicable multi-state jackpot game is being claimed, the prize
			 shall be handled according to the rules of the multi-state game;
(8) Appropriate information properly
			 identifying the person wishing to enter into the Agreement including but not
			 limited to the following: full name; addresses; phone numbers; email addresses;
			 birthdate; government issued ID numbers; physical description.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 30 - Problem Gambling Voluntary Self-Exclusion Program › Section 429:30-1-6 - Lottery Commission Procedures

Current through Vol. 41, No. 20, July 1, 2024
On approval of the SEP, the Lottery Commission shall:
(1) Publish information related to the SEP on
			 the Lottery Commission web site;
(2) Make SEP information available to
			 appropriate responsible gambling and problem gambling treatment
			 entities;
(3) Include appropriate
			 links to responsible gambling and problem gambling treatment entities on the
			 Lottery Commission web site;
(4)
			 Maintain a confidential list of persons who have entered into an Agreement and
			 use that list to:
(A) disallow collection of
			 prizes valued greater than $600;
(B) disallow the entry of such persons into
			 drawings conducted by the OLC;
(C)
			 remove such persons from any marketing lists used by the OLC.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 432:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Chapter set forth the organization and procedural rules governing the Commission on Marginally Producing Oil and Gas Wells and have been adopted for the purpose of complying with 75 O.S., Section 302.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 432:1-1-2 - Statutory citations

Current through Vol. 41, No. 20, July 1, 2024
Citations to statutes in this Chapter refer to the most recent codification of Title 52, Sections 700 through 707, of the Oklahoma Statutes.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 432:1-1-3 - 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 Title 52, Sections 700 through 707, shall have the meanings set forth in such statutes. The following words and terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Administrative Fee"
means the three percent (3%) of the Fee received for deposit into the Oklahoma Tax Commission Revolving Fund to be retained by the Oklahoma Tax Commission to defray costs of receiving and depositing the Fee.
"Commission"
means the Commission on Marginally Producing Oil and Gas Wells.
"Fee"
means the fee authorized by 52 O.S., Section 703A, to be levied in the amount of two-tenths of one cent ($0.002) on each barrel of petroleum liquid and one-tenth of one cent ($0.001) on each ten thousand (10,000) cubic feet of natural gas, including casinghead gas, produced from each well in the State of Oklahoma except for oil and gas production exempt from the payment of gross production tax pursuant to Section 1001 of Title 68 of the Oklahoma Statutes.
"Refund"
means the refund of the Fee authorized by 52 O.S., Section 704.
"Refund Committee"
means the committee appointed by the Commission to review Refund requests. The Refund Committee shall consist of a chairman designated by the Commission and at least two (2) other members and the Executive Director serving in an ex-officio capacity.
"Revolving Fund"
means the fund established in the State Treasury for the Commission to be designated the "Commission on Marginally Producing Oil and Gas Wells Revolving Fund."
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Funding and Actions of the Commission › Section 432:1-3-1 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall be organized in accordance with Sections 700, 701, 702, 706 and 707 of Title 52 of the Oklahoma Statutes. The powers and duties of the Commission shall be as set forth in 52 O.S., Section 701.
(b) Membership on the Commission shall be determined in accordance with 52 O.S., Section 700.
(c) The Commission shall hire an executive director who shall be charged with the duty of administering and enforcing the acts under the supervision of the Commission and in accordance with its policies.
(d) The Commission shall establish advisory committees, to serve at the pleasure of the Commission, to provide advice and counsel to assist the Commission in the discharge of its duties. Membership on such advisory committees may be Commission members or any individual with particular knowledge relevant to the interests of the Commission.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Funding and Actions of the Commission › Section 432:1-3-2 - Funding

Current through Vol. 41, No. 20, July 1, 2024
(a) The activities of the Commission are funded primarily by the Fee, which shall be deposited into the Revolving Fund after deduction of the Administrative Fee of the Oklahoma Tax Commission.
(b) Other revenues may be credited to the Revolving Fund, including grants from government or private sources for the purpose of administering programs of research and disseminating the results of such research.
(c) All revenues accruing to the credit of the Revolving Fund may be budgeted and expended by the Commission for any and all necessary expenses for the operation of said Commission.
(d) Expenditures from the Revolving Fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law to the Director of State Finance for approval and payment.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Funding and Actions of the Commission › Section 432:1-3-3 - 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 the Commissioners, the Executive Director or employees of the Commission.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-1 - Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority to hold hearings.
The Commission may hold hearings on any matters within its jurisdiction under 52 O.S., Section 700,
et seq.
either upon its own motion or upon written request therefor by any person aggrieved by any act, threatened act or failure to act of the Commission, or by any report, regulation, rule or order of the Commission, including the denial of a request for a Refund under Chapter 10 of the Commission's Rules.
(b)
Request for hearing.
The written request for a hearing should specify the grounds to be relied upon as a basis for relief requested at the hearing.
(c)
Time for requesting hearing.
The written request for a hearing must be filed with the commission within ten (10) days of receipt of the notice of the Commission's act, including the approval of a Refund Committee's recommendation to deny a Refund, threatened act or failure to act.
(d)
Attendance at hearing.
All hearings shall be open to the public.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-2 - Setting or denial of hearing

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a written request for a hearing as outlined in 432:1-7-1 of this Subchapter, the Commission shall either set down the matter for hearing within sixty (60) days from the receipt of the request therefor or shall issue a written order denying hearing.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-2.1 - Appointment of hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
The Commissioners may appoint a hearing examiner or hearing examiners to hear any matter properly before the Commission. The party requesting a hearing shall be notified of the name and qualifications of such hearing examiner(s) at least twenty-one (21) days prior to the hearing date.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-3 - Notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Time of notice.
Notice of all hearings shall be given in writing not less than twenty-one (21) days in advance thereof to all persons directly affected by such hearing, but for good cause shown, any hearing may be rescheduled, provided all persons entitled to notice of such hearing are promptly advised thereof.
(b)
Contents of notice.
The notice of hearing shall contain the following information:
(1) the time and place of hearing;
(2) a statement of the nature of the matters to be considered;
(3) a statement of legal authority and jurisdiction under which the hearing is to be held;
(4) a short plain statement of the matters asserted. If such statement of the issues is not sufficient, upon application a more definite and detailed statement will be furnished; and
(5) a reference to the particular sections of the statutes and/or rules involved.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-4 - Authority to subpoena witnesses

Current through Vol. 41, No. 20, July 1, 2024
The Commission or its designated hearing examiner shall have the power to subpoena witnesses and administer oaths or to subpoena documentary evidence in any cause before it. All subpoenas shall be served in like manner as if issued from the District Court. Any person who is a party to hearing before the Commission shall have the right to have subpoenas issued for witnesses or to compel the production of documents.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-5 - Right to counsel

Current through Vol. 41, No. 20, July 1, 2024
Any party affected by an individual proceeding of the Commission shall have the right to appear in person, or through a representative, designated in writing duly signed by the board of directors, partners, general partner or other governing party, and/or by counsel; provided, however, that such counsel representing the party must be duly licensed to practice law by the Supreme Court of Oklahoma and may be present during the giving of evidence, may have a reasonable opportunity to examine and inspect all documentary evidence, may examine witnesses and may present evidence in his client's behalf.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-6 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
The formal rules of pleading and evidence need not be observed. Documentary evidence may be received in the form of copies or excerpts if the original is not readily available, and upon request a party shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the Commission or the designated hearing examiner(s). The Commission's or its designated examiner(s)'s experience, technical competence and specialized knowledge shall be utilized in the evaluation of evidence.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-7 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirement.
Hearings shall be electronically recorded. Copies of such recordings shall be maintained for such period as is necessary to protect the record through judicial review. Copies of the recordings shall be provided by the Commission at the request of any party to the proceedings. Transcriptions of the recordings shall be borne by the party requesting same. Upon written request reasonably made by such person affected by the hearing, and at such person's expense, a full stenographic record of the proceedings shall be made by a competent court reporter. When a transcription thereof shall be made a part of the records of the Commission, any other person having a direct interest therein shall be furnished a copy of such stenographic record at his expense.
(b)
Contents of record.
The record in any hearing shall include the following:
(1) all pleadings, motions and intermediate rulings;
(2) all evidence received or considered, including a statement of matters officially noted;
(3) questions or offers of proof, objections and rulings thereon;
(4) proposed findings and exceptions;
(5) the decision, opinion, report or order of the hearing officer and/or the Commission; and
(6) any other evidence submitted to the hearing officer or Commission in connection with consideration of the matters before it.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-8 - Proposed orders

Current through Vol. 41, No. 20, July 1, 2024
(a) If the Commission has not heard the case or read the record of an individual proceeding, a final Commission order adverse to a party shall not be made until a proposed order is served upon the party, and an opportunity is afforded to the party to file exceptions and present briefs and oral argument to the Commission.
(b) Such proposed order shall be served upon the parties at least fifteen (15) days prior to a hearing or meeting at which the Commission is to consider or render a decision on the proposed order. At such hearing or meeting, the parties shall be afforded an opportunity to present briefs and oral arguments concerning the proposed order.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-9 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
All findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. A final order adverse to a party in any individual proceeding shall be in writing or stated in the record. A final order shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, upon request, a party submits proposed findings of fact, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail or any order. A copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record, if any.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-10 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Request for rehearing.
At the discretion of the Commission, a rehearing may be granted to any party if a written request is made therefor within ten (10) days after any order is mailed or delivered to the person entitled to receive same.
(b)
Contest of request - grounds.
In the request for rehearing, the party shall set forth one or more of the following grounds:
(1) newly discovered and newly available evidence relevant to the issues;
(2) need for additional evidence to adequately develop the facts essential to proper decision;
(3) probable error committed by the Commission and/or Commission in the proceeding or in his decision such as would be ground for reversal on judicial review of the order;
(4) need for further consideration of the issues and the evidence in the public interest; or
(5) a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-11 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
Any party aggrieved by a final order of the Commission in an individual proceeding may seek judicial review in accordance with the provisions of the Oklahoma Administrative Procedures Act, 75 O.S., Sections 250,
et seq.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 5 - Hearing Practices and Procedures › Section 432:1-5-12 - Declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioners may honor requests from interested persons for interpretative opinions as to the applicability of any rule or order, if it be shown that an actual case, controversy, or issue is in contemplation and that unreasonable hardship, loss or delay would result if the matter were not determined in advance.
(b) The request should set forth the following information:
(1) the name and address of the person or entity requesting the declaratory ruling;
(2) the full text of the rule involved;
(3) the basis for requesting the declaratory ruling, including the basis for contesting the validity of the rule, if applicable; and
(4) any court cases, Attorney General's opinions, or other explanatory material supporting the position of the person or entity seeking the ruling.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Subchapter set forth the procedures of the Commission for public inspection and/or copying of the public records of the Commission. Such procedures are established for purposes of complying with the provisions of the Open Records Act as defined in 432:1-7-2 and Section 302 of the Oklahoma Administrative Procedures Act (75 O.S., Section 302). Nothing herein is intended to derogate from or be in conflict with the provisions of the Open Records Act. To the extent any provision of this Subchapter is found to be in conflict with any provision of the Open Records Act, the provisions of the Open Records Act shall govern.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Open Records Act"
means the most recent codification of the Oklahoma Open Records Act, 51 O.S. Sections 24A1 through 24A19 .
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-3 - Record Custodian

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authority of Record Custodian.
The persons designated in (b) and (c) of this Section shall serve as Record Custodians for purposes of the Open Records Act and are hereby charged with responsibility for compliance with said Open Records Act pursuant to the procedures set forth in this Section and elsewhere in this Subchapter.
(b)
Appointment of Record Custodian.
The Executive Director of the Commission is hereby appointed as Record Custodian for all records of the Commission and as such shall have all the powers and duties set forth in this Subchapter and in the Open Records Act.
(c)
Substitute Record Custodian.
The Record Custodian appointed in subsection (b) of this Section is hereby authorized to designate any other employee of the Commission to serve as Record Custodian in the place of the designated Record Custodian. Such substitute Record Custodian shall have the same duties and powers as the Record Custodian and wherever the term "Record Custodian" is used in this Subchapter, it shall include any such substitute Record Custodian. Whenever the Record Custodian shall appoint another person as a substitute Record Custodian, he or she shall notify the Executive Director of such designation and the Executive Director shall maintain a register of all such designations.
(d)
Duties.
The Record Custodian shall:
(1) protect the public records of the Commission from damage and disorganization;
(2) prevent excessive disruption of the essential functions of the Commission;
(3) provide assistance and information upon request;
(4) insure efficient and timely action and response to all applications for inspection and/or copying of public records; and
(5) carry out the procedures adopted by this Commission for inspecting and/or copying public records.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-4 - Hours of inspection

Current through Vol. 41, No. 20, July 1, 2024
All public records of the Commission shall be available for inspection during the regular business hours of the Commission. Such hours shall be 8:00 a.m. to 5:00 p.m. Monday through Friday, except legal holidays.
Added at 11 Ok Reg 1957, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3366, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-5 - Procedures for inspection of records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requests for inspection.
To inspect a public record in the possession of the Commission, a written request shall be delivered to the Record Custodian responsible for the requested record designated in 432:1-7-3. Such request shall be accompanied by the fees set forth in 432:1-7-7. The request shall have REQUEST FOR RECORD INSPECTION written across the top. All record inspection requests must be completed by the person requesting the record and signed by the individual making the request. The Record Custodian may require reasonable identification of any person requesting a record.
(b)
Place of inspection.
All inspections of public records shall be performed in the offices of the Commission under the supervision of the Record Custodian.
(c)
Identification of records.
A written request for inspection of a record shall reasonably describe the record sought. In instances where the person requesting the record cannot provide sufficient information to identify a record, the Record Custodian shall assist in making such identification.
(d)
Delay or denial of requests for inspection.
If the record requested is not available for inspection at the time requested, within three (3) business days following the day the request for inspection is received by the Record Custodian, the Record Custodian shall, in writing, notify the person requesting the record:
(1) that the record will be available for inspection at a later time; or
(2) that the record will not be available for inspection.