reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 1 - Organization, Operations, Procedures and Policies › Section 305:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Director"
means the person appointed by the Governor to administer the Office of Disability Concerns.
"Governor's Advisory Committee to the Office of Disability Concerns"
means the purpose of this advisory committee shall be to assist the Director of the Office of Disability Concerns in the formation, development and implementation of the purposes and programs of the office.
"Governor's Advisory Committee on Employment of People with Disabilities"
means the purpose of this committee is to carry on a continuing program to encourage the employment of the physically, mentally, emotionally, and otherwise people with disabilities of Oklahoma by creating statewide interest in the rehabilitation and employment of people with disabilities, and by obtaining and maintaining cooperation with all public and private groups and individuals in this field. The Governor's committee shall work in close cooperation with the President's committee on employment of people with disabilities to more effectively carry out the purpose of this act, and with state and federal agencies having responsibilities for employment and rehabilitation of people with disabilities.
"Office of Disability Concerns"
means the Office of Disability Concerns is an independent state agency whose purpose is to help state government develop policies and services that meet the needs of Oklahomans with disabilities. The Office of Disability Concerns serves as a resource to disabled people who want to present their views and recommendations to the Governor, the state Legislature and state agencies. The agency provides such services as but not limited to information and referral, technical assistance, employment development and advocacy. A full list of services provided by the agency will be provided by contacting the Director of the Office of Disability Concerns.
Added at 15 Ok Reg 1507, eff 7-1-98; Amended at 25 Ok Reg 2631, eff 7-25-08
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 1 - Organization, Operations, Procedures and Policies › Section 305:1-1-3 - Organization, powers and duties

Current through Vol. 41, No. 20, July 1, 2024
(a) Statutory basis. The Office Disability Concerns was created pursuant to Section 9.21 of Title 74 of the Oklahoma Statutes.
(b) Powers, authority and duties. The powers, authority and duties of the Office of Disability Concerns are set forth in Section 9.22 and 9.24 of Title 74 of the Oklahoma Statutes.
(c) The Director. The Director shall be responsible for coordinating the Office of Disability Concerns, the Governor's Advisory Committee for the Office of Disability Concerns and the Governor's Advisory Committee on Employment of People with Disabilities. The advisory committees shall comply with the requirements of the Oklahoma Meeting Act.
(d) Client Assistance Program. The Office of Disability Concerns will conduct the Client Assistance Program for the State of Oklahoma in accordance with the rules and regulations cited in the federal Rehabilitation Act of 1973 and as amendedby subsequent legislation.
Added at 15 Ok Reg 1507, eff 7-1-98; Amended at 25 Ok Reg 2631, eff 7-25-08
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 1 - Organization, Operations, Procedures and Policies › Section 305:1-1-4 - General course and method of operations

Current through Vol. 41, No. 20, July 1, 2024
(a) Official Office. The Office of Disability Concerns' office is located at 2401 N.W. 23rd Street, Suite 90, Oklahoma City, Oklahoma 73107. The office's phone numbers are 405-521-3756 (voice), 1-800-522-8224 (voice, toll-free), 405-522-6706 (TDD), 405-522-6695 (fax). Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays.
(b) Transaction of business with the Agency by the public. Members of the public desiring to contact, make inquiries, submissions, or seek services may do so in person or by telephone with the Office of Disability Concerns during normal business hours of the Agency.
(c) Open Records. Subject to state and federal laws all files, records, minutes, rules and reports are available for public inspection in the Office of Disability Concerns. Any persons desiring information available to the public as specified in the Open Records Act may submit a written or oral request to the Office of Disability Concerns. The Director shall charge the following fees: for document copying, twenty five cents per page for documents having the dimensions of eight and one half by fourteen inches or smaller. If the search request is solely for commercial purposes, or the search would cause, in the Director's judgment, excessive disruption of the Office's essential functions, the Office shall charge a fee to cover the direct cost of the document search. This fee shall be calculated as the hourly rate of the lowest-paid person in the Office who is qualified to conduct the search. Pursuant to Section 24A.5(3) of title 51 of the Oklahoma Statutes, a written schedule of the above fees shall be posted at the Office of Disability Concerns, and is also available with the County Clerk of Oklahoma County.
Added at 15 Ok Reg 1507, eff 7-1-98; Amended at 25 Ok Reg 2631, eff 7-25-08
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 10 - Client Assistance Program › Section 305:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Client Assistance Program is a federally funded program the purpose of which is to inform and advise clients of their rights and responsibilities under the federal Rehabilitation Act of 1973 as amended and Title I of the Americans with Disabilities Act of 1990 as amended; assist clients in communicating their concerns to the rehabilitative and visual services counselor and other providers of rehabilitation services; and assist clients on request in the appeals and fair hearing process in accordance with the rules and regulations cited in the federal Rehabilitation Act of 1973 and as amended by subsequent legislation.
Added at 15 Ok Reg 1508, eff 7-1-98; Amended at 25 Ok Reg 2633, eff 7-25-08
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 10 - Client Assistance Program › Section 305:10-1-2 - Transaction of Business with Client Assistance Program with public

Current through Vol. 41, No. 20, July 1, 2024
Members of the public desiring to contact, make inquiries, submissions, or seek services may do so in person or by telephone with the Client Assistance Program during normal business hours of the Agency.
Added at 15 Ok Reg 1508, eff 7-1-98
Oklahoma Administrative Code › Title 305 - Office of Disability Concerns › Chapter 10 - Client Assistance Program › Section 305:10-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"A Fair Hearing"
means a hearing (preceded by reasonable notice and opportunity for the individual (or that individual's representative) to review the allegations which are the subject of the hearing) at which the individual shall have the right to: question or refute any testimony or evidence, including opportunity to confront and cross-examine adverse witnesses; present witnesses in the individual's behalf; present an argument without undue interference; be notified of a decision by an unbiased decision maker which establishes all pertinent facts and circumstances and is based on the record with a statement of reasons for the decision.
Added at 15 Ok Reg 1508, eff 7-1-98
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 1 - Purpose and Organization › Section 310:1-1-3 - Board officers

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board of
				Health shall elect from its membership a President, a Vice-President, and a
				Secretary.
(b) Officers of the
				Board shall be elected annually, at the last meeting of each fiscal year. In
				the event an officer's position becomes vacant, a replacement shall be elected
				to complete the unexpired term at the following meeting of the Board.
(c) The President shall preside over all
				Board meetings and rule on all questions of procedure and order. He shall have
				the power, in the exercise of his discretion, to call special meetings of the
				Board, and shall call a special meeting when requested by four members, in
				writing, to do so. The President shall determine the agenda of each
				meeting.
(d) The Vice-President
				shall assume the duties of the President during the President's absence or
				incapacity.
(e) The Secretary shall
				be responsible for keeping the minutes of Board meetings, and have such other
				duties as the Board may, from time to time, designate. The Board may designate
				an employee of the Department to assist the Secretary in the performance of
				these functions.
(f) The officers
				shall serve as the Executive Committee of the Board.
Amended at 12 Ok Reg
				  2267, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 1 - Purpose and Organization › Section 310:1-1-5 - Formal and informal proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Formal proceedings.
The rules of this Chapter shall govern all
				formal proceedings of the Oklahoma State Board of Health.
(b)
Informal proceedings.
Informal proceedings may be held by agreement between the Board or its agents
				and any party.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 3 - Meetings › Section 310:1-3-1 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
The Board shall hold such meetings as it deems necessary,
				  with a regular meeting once during each quarter of the calendar year. Special
				  meetings may be called by the President in his discretion, and shall be called
				  when four (4) members of the Board request of the President, in writing, that
				  such a meeting be called.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 3 - Meetings › Section 310:1-3-2 - Location

Current through Vol. 41, No. 20, July 1, 2024
The Board may convene at any location or institution within
				  the jurisdiction of the Board or of the State Commissioner of Health, or at
				  such other location as the Board may specify. Provided, that unless otherwise
				  specified, meetings shall be conducted at the room provided for that purpose at
				  the Oklahoma State Department of Health, 123 Robert S. Kerr Ave., Oklahoma
				  City, Oklahoma, 73102-6406.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 3 - Meetings › Section 310:1-3-4 - Agenda

Current through Vol. 41, No. 20, July 1, 2024
The agenda of the Board's regular meetings shall be
				  determined by the President, and a copy thereof sent to each Board member at
				  least ten (10) days before the meeting. Additional items of business which were
				  not known or could not have been reasonably foreseen prior to posting of the
				  agenda may be added to that agenda at the discretion of the President or on the
				  request of at least three members of the Board; however, objection by three
				  members shall be sufficient to postpone consideration of such
				  items.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 3 - Meetings › Section 310:1-3-5 - Special meetings

Current through Vol. 41, No. 20, July 1, 2024
The agenda of the Board's special meetings shall be
				  determined by the President, and copies thereof shall be sent to each Board
				  member no less than five (5) days prior to the meeting. Only those items
				  appearing on the agenda of such special meetings shall be considered by the
				  Board.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 3 - Meetings › Section 310:1-3-7 - Quorum

Current through Vol. 41, No. 20, July 1, 2024
Five (5) members of the Board shall constitute a quorum and
				  may transact any business or hold any hearing by a simple majority vote of the
				  quorum.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 5 - General Course and Method of Operations › Section 310:1-5-1 - Principal office

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Board of Health is: Oklahoma
				  State Department of Health, Attention: Board of Health, 123 Robert S. Kerr
				  Ave., Oklahoma City, OK 73102-6406.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 5 - General Course and Method of Operations › Section 310:1-5-2 - Office hours

Current through Vol. 41, No. 20, July 1, 2024
Office hours shall be from 8:00 a.m. to 4:30 p.m., unless
				  otherwise designated by the Commissioner of Health, Monday through Friday
				  inclusive, excepting legal holidays established by statute or proclamation of
				  the Governor.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 5 - General Course and Method of Operations › Section 310:1-5-4 - Writing to the Board

Current through Vol. 41, No. 20, July 1, 2024
Every communication in writing to the Board of Health shall
				  be addressed to the President of the Board of Health at the principal office
				  designated above, unless otherwise directed by the Board.
Amended at 12 Ok Reg
				  2267, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 5 - General Course and Method of Operations › Section 310:1-5-5 - Records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rules and policy.
All rules
				and other written statements of policy or interpretations formulated, adopted,
				or used by the Board shall be available at the principal office during regular
				business hours.
(b)
Proceedings and forms.
All final orders, decisions, and opinions,
				and all forms, applications, and instructions which are required to be
				completed in applying for a license or permit, shall be made available within
				the offices of the individual program during regular business hours.
(c)
Copies.
Copies of all
				official records of the Board not privileged from disclosure by law shall be
				available for inspection at the principal office during regular office hours.
				Copies of such records, certified by the Commissioner of Health or his
				designee, may be made, and the expense of such copies shall be paid by the
				person requesting the same. Fees for such copies shall be in accordance with a
				fee schedule established by the Commissioner of Health.
Amended at 12 Ok Reg
				  2267, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 5 - General Course and Method of Operations › Section 310:1-5-6 - Petitions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form.
All requests for
				hearings, declaratory rulings, in or for the adoption, amendment, or repeal of
				a rule or regulation shall be in the form of a petition captioned as follows.
BEFORE THE
OKLAHOMA STATE BOARD OF HEALTH
IN RE (Nature of Proceeding, e.g. - Request for
							 Amendment of Rule Regarding Hospital Licensure Requirements
)))))
No.________ (to be completed by staff if no number
							 assigned or known)
(b)
Contents.
The Petition shall state the nature of the request and,
				where relevant, the reasons for the request, and shall be signed by the person,
				firm, or corporation making the request, his agent or attorney.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 9 - Other Procedures [Revoked] › Section 310:1-9-1 - Requests for declaratory rulings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2267, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 1 - Procedures of the Oklahoma State Board of Health › Subchapter 9 - Other Procedures [Revoked] › Section 310:1-9-2 - Appeals from orders of the Commissioner [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
				  2267, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 1 - Description of Organization › Section 310:2-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
These rules implement the Administrative Procedures Act, 75
				  O.S. § 250 et seq., as amended ("APA"). These rules govern formal
				  proceedings of the Department and may be supplemented by procedural rules
				  within a particular departmental area. Informal proceedings may be held as
				  announced by the Department or as agreed with any person.
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 1 - Description of Organization › Section 310:2-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Administrative Law Judge"
means a person
				  appointed by the Commissioner of Health to conduct an individual hearing under
				  the Administrative Procedures Act and may be an employee or a private attorney
				  with whom the Department has a contract for services.
"Board"
means the Oklahoma State Board of
				  Health.
"Commissioner of Health"
and
"Commissioner"
mean the Oklahoma State Commissioner of Health, the
				  chief executive officer of the Department. References in this Chapter to the
				  Commissioner may include a designee of the Commissioner of Health. Designations
				  shall be subject to such powers and limitations as are specified in
				  writing.
"Department"
means the Oklahoma State Department
				  of Health.
"Respondent"
means the person(s) or legal
				  entity(ies) named in a petition for an individual proceeding, against whom
				  relief is sought.
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 1 - Description of Organization › Section 310:2-1-3 - Organization

Current through Vol. 41, No. 20, July 1, 2024
The Department shall be organized and divided into such
				  departmental areas and divisions as the Commissioner deems desirable for
				  efficiency. Such organization and division may be revised by the Commissioner
				  as necessary or expedient.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 3 - General Operations and Procedures › Section 310:2-3-1 - Address

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Department is Oklahoma State
				  Department of Health, 123 Robert S. Kerr Avenue, Oklahoma City, Oklahoma
				  73102.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 3 - General Operations and Procedures › Section 310:2-3-3 - Writing to the Department

Current through Vol. 41, No. 20, July 1, 2024
Unless a person is working with a particular departmental
				  area, written communication to the Department shall be addressed to the
				  Commissioner at the principal office.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 3 - General Operations and Procedures › Section 310:2-3-4 - Agency statements, orders and forms

Current through Vol. 41, No. 20, July 1, 2024
Each departmental area shall make available to the public all
				  rules and other written statements of policy or interpretations formulated,
				  adopted or used in the discharge of its functions; all final orders, decisions
				  and opinions; and all forms, applications and instructions for use by the
				  public, including those required to apply for a license or
				  permit.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 3 - General Operations and Procedures › Section 310:2-3-6 - Office of Administrative Hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Session hours.
Unless otherwise ordered by the assigned
				administrative law judge, the morning sessions shall begin at 9:00 a.m. and
				close at 12:00 noon, and the afternoon sessions shall begin at 1:30 p.m. and
				close at 4:30 p.m.
(b)
Chief
				Administrative Law Judge.
The Chief Administrative Law Judge is the
				administrative officer for the Office of Administrative Hearings and shall
				perform all duties that the Commissioner may delegate or assign. The Chief
				Administrative Law Judge may assign administrative law judges to conduct
				individual proceedings or other hearings, or specific activities within
				proceedings and hearings. The Chief Administrative Law Judge shall have the
				discretion to issue non-dispositive orders including the scheduling of
				conferences and pre-hearing conferences, orders on non-dispositive motions, and
				orders for the conduct of the proceedings in general or in a specific
				proceeding.
(c)
Assigned
				administrative law judge.
The administrative law judge shall have
				complete authority to conduct the proceedings and may take any action not
				inconsistent with the provisions of the rules of this Chapter or of the APA for
				the maintenance of order at hearings and for the expeditious, fair, and
				impartial conduct of the proceedings. The assigned administrative law judge may
				also:
(1) arrange and issue notice of the
				date, time and place of hearings and conferences;
(2) establish the methods and procedures to
				be used in the presentation of the evidence;
(3) hold conferences to settle, simplify,
				determine, or strike any of the issues in a hearing, or to consider other
				matters that may facilitate the expeditious disposition of the
				hearing;
(4) administer oaths and
				affirmations;
(5) regulate the
				course of the hearing and govern the conduct of participants;
(6) examine witnesses;
(7) rule on, admit, exclude and limit
				evidence;
(8) establish the time
				for filing motions, testimony, and other written evidence, briefs, findings,
				and other submissions, and hold the record open for such purposes;
(9) rule on motions and other pending
				procedural matters; and
(10) divide
				the hearing into stages or combine interests of parties whenever the number of
				parties is large or the issues are numerous and complex.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 3 - General Operations and Procedures › Section 310:2-3-7 - Requesting individual proceedings and rulemaking [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-1 - Petition and notice [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff 5-27-99; Revoked at
				  24 Ok Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-2 - Service [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Revoked at 16 Ok Reg 901, eff 1-5-99 (emergency); Revoked at
				  16 Ok Reg 1389, eff 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-2.1 - Notice of hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok
				  Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-2.2 - Service of petition and notice of hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok
				  Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-2.3 - Service of other papers and documents [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok
				  Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-3 - Response [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-4 - Prehearing conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-5 - Continuances [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-6 - Subpoenas [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-7 - Record [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-8 - Order of procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-9 - Default [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff 5-27-99; Revoked at
				  24 Ok Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-10 - Order [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-11 - Final Order [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Amended at 16 Ok Reg 901, eff 1-5-99 (emergency); Amended at
				  16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-12 - Reconsideration [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 16 Ok Reg
				  901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff 5-27-99; Revoked at
				  24 Ok Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-13 - Settlement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  2271, eff 6-26-95; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-14 - Enforcement of Final Orders [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 24 Ok Reg
				  1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-15 - Hearings by Boards [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 2271,
				  eff 6-26-95; Revoked at 24 Ok Reg 1896, eff
				  6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 5 - Procedure in Individual Proceedings [Revoked] › Section 310:2-5-16 - Emergency actions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 901,
				  eff 1-5-99 (emergency); Added at 16 Ok Reg 1389, eff 5-27-99; Revoked at 24 Ok
				  Reg 1896, eff 6-25-07
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings › Part 1 - ENVIRONMENTAL HEALTH PENALTIES › Section 310:2-7-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
The requirements of this Subchapter are in addition to
					 other requirements of this Chapter governing individual proceedings and are
					 applicable to matters where the Department is a party brought under 63 O.S.
					 § 1-1701.1A.
Amended at 16 Ok Reg
					 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
					 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings › Part 1 - ENVIRONMENTAL HEALTH PENALTIES › Section 310:2-7-2 - Notice of Violation ("NOV")

Current through Vol. 41, No. 20, July 1, 2024
Administrative penalty proceedings must be preceded by a
					 written Notice of Violation (NOV) informing the Respondent of the regulatory
					 requirement at issue, unless otherwise provided by law. This NOV must be served
					 upon the Respondent and must state the factual allegations and particular
					 standards or rules upon which the NOV is based. A letter, petition, consent
					 order or final order may constitute a NOV for purposes of instituting
					 administrative penalty proceedings, if it meets the requirements of this
					 paragraph.
Amended at 16 Ok Reg
					 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
					 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings › Part 1 - ENVIRONMENTAL HEALTH PENALTIES › Section 310:2-7-3 - Determining penalty

Current through Vol. 41, No. 20, July 1, 2024
(a)
In
				  general.
The following factors may be considered in determining the
				  amount of penalty specified in an Administrative Compliance Order:
(1) the value of efforts to comply with the
				  regulations cited in the notice of violation;
(2) the economic benefit to the violator of
				  noncompliance with the regulations in question; and
(3) an additional amount for deterrence
				  purposes, based upon
(A) the likelihood of
				  the development of adverse health effects caused by the violation,
(B) the severity of environmental degradation
				  or public health effects caused or placed at risk by the violation,
(C) the degree of variance from the
				  applicable standards,
(D) costs of
				  correction of damage, and
(E) bad
				  faith of the Respondent.
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings › Part 1 - ENVIRONMENTAL HEALTH PENALTIES › Section 310:2-7-4 - Administrative Compliance Order

Current through Vol. 41, No. 20, July 1, 2024
(a)
When issued.
Fifteen (15) days or more after service of any
				  required Notice of Violation(NOV) upon the Respondent, or such reduced period
				  as the Petitioner believes necessary to render the order reasonably effectual,
				  the Commissioner of Health or his or her designee may issue an Administrative
				  Compliance Order requiring compliance and specifying penalties for
				  noncompliance. The entry of an Administrative Compliance Order initiates an
				  individual proceeding under this Subchapter and shall meet the requirements of
				  a petition as stated above.
(b)
Must specify.
The Administrative Compliance Order shall specify
				  the facts and conclusions upon which it is based and shall set a time for the
				  Respondent to comply with the applicable regulations. The Administrative
				  Compliance Order shall specify the penalty, not to exceed the statutory maximum
				  per day of non-compliance, to be assessed in the event that the Respondent
				  fails to comply with the Order within the prescribed time.
(c)
Service.
The Administrative
				  Compliance Order shall be served in accordance with OAC
				  310:2-21-4.
				  The Order shall advise the Respondent that it shall become final unless a
				  hearing is requested within fifteen (15) days of service of the Order. If a
				  hearing is requested, proceedings shall promptly commence.
(d)
Hearing.
Based on the
				  hearing, the Administrative Compliance Order will be sustained, modified, or
				  dismissed. If the hearing process extends beyond any compliance deadline
				  specified in the Administrative Compliance Order, fines specified in the Order
				  for violations of the Order will continue to accrue during the hearing process
				  unless the Hearing Officer stays the penalty upon request for good cause
				  shown.
Amended at 16 Ok Reg
					 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
					 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 7 - Additional Procedures for Administrative Penalty Proceedings › Part 1 - ENVIRONMENTAL HEALTH PENALTIES › Section 310:2-7-5 - Assessment Order

Current through Vol. 41, No. 20, July 1, 2024
(a)
Failure
				  to comply with Administrative Compliance Order.
After the Administrative
				  Compliance Order is issued, proceedings may be conducted to determine whether
				  the Respondent has failed to comply with the Order.
(b)
Application for compliance and
				  penalty hearing.
Any time the Petitioner believes the Administrative
				  Compliance Order has been violated, it may with reasonable promptness apply to
				  the Hearing Officer for a compliance and penalty hearing, alleging the period
				  of noncompliance and the amount of the administrative fine that has accrued.
				  The Petitioner shall provide a copy of the request to the Respondent.
(c)
Elements to consider.
The
				  Commissioner, in deciding whether the Administrative Compliance Order has been
				  violated and whether the penalties are appropriate, may consider efforts to
				  comply with applicable requirements made by the Respondent after issuance of
				  the Administrative Compliance Order.
(d)
Must request hearing within 7
				  days.
The Petitioner's application shall advise the Respondent that the
				  Respondent's right to contest the determination of noncompliance and the amount
				  of the fine is waived if the request for hearing is not made within seven
				  calendar days of receiving notice. A request for hearing is deemed made when
				  received by the Department. If timely requested, the hearing must be promptly
				  set and held.
(e)
Issuance of
				  Assessment Order.
An Assessment Order shall be issued by the
				  Commissioner of Health or a designated Deputy Commissioner following the
				  determination of the application. The Assessment Order must state the nature
				  and period of the violation, and determine the amount of the fine. The fine is
				  due and payable immediately upon issuance of the Assessment Order, unless
				  otherwise provided therein. A copy of the Assessment Order will be provided to
				  the Respondent.
(f)
Continuing violations.
If the Petitioner believes that violations
				  of the Administrative Compliance Order continue after the issuance of an
				  Assessment Order, the Petitioner may apply within a reasonable time for the
				  issuance of additional Assessment Orders covering periods of violation since
				  the period covered by the issuance of a previous Assessment Order.
Amended at 16 Ok Reg
					 901, eff 1-5-99 (emergency); Amended at 16 Ok Reg 1389, eff
					 5-27-99
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 1 - PUBLIC MEETINGS [Revoked] › Section 310:2-9-1 - Public meetings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-25 - General provisions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-26 - Definitions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-27 - Request for hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-28 - Hearing Officer [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-29 - Prehearing conferences [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-30 - Prehearing verification conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-31 - Selection of Lead Counsel [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-32 - Identification of issues [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-33 - Continuances [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-34 - Subpoenas [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-35 - Administrative record [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-36 - Prehearing scheduling conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-37 - Discovery [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-38 - Prehearing determination conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-39 - Prehearing order [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95
Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 2 - Procedures of the State Department of Health › Subchapter 9 - Additional Procedures for Solid and Hazardous Waste Permitting Meetings and Hearings [Revoked] › Part 3 - ADMINISTRATIVE PERMIT HEARINGS [Revoked] › Section 310:2-9-40 - Final prehearing conference [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 12 Ok Reg
					 2271, eff 6-26-95