reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-4 - Council action on funding of program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-5 - Program contracts [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
				  2191, eff 6-12-97
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-6 - Artists scheduling forms [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 14 Ok Reg
				  2191, eff 6-12-97
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-7 - Sponsor and artists responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-8 - Residency schedule requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-9 - Self-employed artists [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-10 - Annual assessment of program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-11 - Council responsibility for program [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-12 - Solicitation of new artists [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  1961, eff 6-11-92; Revoked at 21 Ok Reg 2008, eff
				  6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-13 - Contracting and payment procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 14 Ok Reg
				  2191, eff 6-12-97; Revoked at 21 Ok Reg 2008, eff
				  6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-14 - Payment contract return requirement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 7 - Artists-In-Residence Program - School and Community Categories [Revoked] › Section 70:10-7-15 - Grievance procedure [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 21 Ok Reg
				  2008, eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 9 - Artist Rosters › Section 70:10-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Council shall establish artist rosters to provide
				  structured activities to enhance the quality of life of participants and
				  provide a deeper appreciation of various art forms and
				  artists.
Added at 21 Ok Reg 2008,
				  eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 9 - Artist Rosters › Section 70:10-9-2 - Rosters

Current through Vol. 41, No. 20, July 1, 2024
The Council is responsible for developing, monitoring, and
				  assuring roster quality and standards. The Oklahoma Arts Council will screen,
				  select and renew artists for rosters based on criteria established through the
				  application and panel process. Roster applications may be reviewed by advisory
				  panels selected in accordance with Council policy and administration as written
				  in
				  70:1-5-1
				  through
				  70:1-5-5.
				  The Council makes the final roster selection and is responsible for insuring
				  roster artists meet and maintain all criteria and standards. The Oklahoma Arts
				  Council retains the right to select, renew or dismiss any roster artist based
				  on the Oklahoma Arts Council established criteria and
				  standards.
Added at 21 Ok Reg 2008,
				  eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 9 - Artist Rosters › Section 70:10-9-3 - Assessment of rosters

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Arts Council may assess the roster(s) and
				  determine areas of need for the next fiscal year. Based on the assessment,
				  public notice and announcement will be made when artists are needed for
				  roster(s).
Added at 21 Ok Reg 2008,
				  eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 9 - Artist Rosters › Section 70:10-9-4 - Self-employed artists

Current through Vol. 41, No. 20, July 1, 2024
Artists listed on Oklahoma Arts Council roster(s) are not
				  employees of the Council. Each artist is self-employed and responsible for
				  making proper federal and state tax deductions. Artists are contracted for
				  professional services by the sponsoring organization(s).
Added at 21 Ok Reg 2008,
				  eff 6-25-04
Oklahoma Administrative Code › Title 70 - Oklahoma Arts Council › Chapter 10 - Oklahoma Arts Council Programs › Subchapter 9 - Artist Rosters › Section 70:10-9-5 - Roster appeal procedure

Current through Vol. 41, No. 20, July 1, 2024
The following appeal procedure is established for any
				  qualified artist not selected or dismissed from the roster:
(1) Every step of the procedure will be
				documented with necessary reports, letters, data and other material necessary
				for a complete record of the appeal procedure.
(2) Appeals against decisions to reject or to
				dismiss an artist from the roster must be made in writing no more than 10 days
				after receipt of official notice by the artist.
(3) The Agency Executive Director will
				respond in writing within thirty (30) days of receiving written appeal from the
				artist.
(4) Upon finding sufficient
				cause, the Executive Director may request a special meeting of the Executive
				Committee of the Council to review the appeal filed by the artist in question.
				The Executive Committee meeting will take place within thirty (30) days after
				the Executive Director's response to the artist's filing of the appeal. The
				Executive Committee will make a recommendation concerning any appeal to the
				full Council for action at the next Council meeting following the special
				meeting of the Executive Committee.
(5) Within twenty (20) days after the Council
				meeting, the Chairman of the Council shall respond in writing to the artist
				filing an appeal. The Chairman's response to the artist, who has filed the
				appeal, will be the final decision of the Council.
Added at 21 Ok Reg 2008,
				  eff 6-25-04
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) These rules are promulgated pursuant to
				the requirements of the Administrative Procedures Act, 75 O.S. §
									250, et
				seq. The purpose of these rules is to effectively implement and enforce the
				provisions of Title 74 §
									18p-1
et seq
. of the Oklahoma Statutes. These rules supplement
				existing state and federal laws, and being duly promulgated, have the force and
				effect of law.
(b) These rules
				govern formal proceedings of the Office of the Attorney General. Informal
				proceedings may be held as announced by the Office of the Attorney General or
				as agreed with any person.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This, and all subsequent chapters are applicable, unless
				  otherwise specifically noted in a chapter, subchapter, part or section of
				  Oklahoma Administrative Code Title 75, to the Office of the Attorney General,
				  and all facilities under contract with the Office of the Attorney General
				  and/or subject to certification by the Office of the Attorney General (74 O.S.
				  § 18p-6 ).
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-3 - Compliance with laws and rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				statute of the United States, or of the State of Oklahoma now existing, or duly
				enacted in the future, shall supersede any conflicting provision of the rules
				of this and all subsequent chapters to the extent of such conflict, but shall
				not affect the remaining provisions therein.
(b) All persons and organizations affected by
				the rules of this and all subsequent chapters and related laws shall be
				knowledgeable of the conduct pertinent in operating in accordance with all such
				rules and laws.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-4 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Attorney General is vested
				with the authority to make rules for the implementation of the Office of the
				Attorney General's statutorily mandated and permissible functions related to
				domestic violence programs ,sexual assault programs, including programs serving
				adult victims of sex trafficking, and/or batterers intervention programs under
				74 O.S. §§
									18p-6.
(b) The Oklahoma Attorney General shall
				maintain such staff as authorized by law and assign said staff to carry out the
				duties and responsibilities required to fulfill the statutory requirements of
				74 O.S. §§
									18p-1
				et seq., and the rules and directives of the Oklahoma Attorney
				General.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Revoked and
				  reenacted at 28 Ok Reg 1903, eff 7-11-11
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-5 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of the Oklahoma Attorney General are as
				  follows:
(1) The provision of quality
				domestic violence, sexual assault, including adult human sex trafficking and
				batter-ers intervention services, within the resources available, to those
				persons, and their families, receiving services from the facilities, certified
				by and/or under contract with the Office of the Attorney General.
(2) The services by domestic violence and
				sexual assault providers, including adult human sex trafficking shall be
				rendered in an environment of safety, dignity and with respect to the rights of
				those persons and their families.
(3) Adherence to and compliance with
				applicable state and federal statutes, including but not limited to Title 74
				§§
									18p-1
				et seq. of the Oklahoma Statutes and the Public Health Services Act (42 U.S.C.)
				by all facilities operated by, under contract with, and certified by the
				Oklahoma Attorney General.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at 25 Ok
				  Reg 1834, eff 7-1-08; Revoked and reenacted at 28 Ok Reg 1903, eff
				  7-11-11
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-6 - Public records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Official
				records.
Official records of the Office of the Attorney General include
				information, rules, forms, the record in individual proceedings, records
				submitted to the Office of the Attorney General, and other public records in
				accordance with the Oklahoma Open Records Act 51 O.S. §
									24A.1,
et seq
.
(b)
Copies.
Copies of official records of the Office of the Attorney
				General, not privileged or protected from publication by law, shall be
				available to the public.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-7 - Requests for agency public information

Current through Vol. 41, No. 20, July 1, 2024
Any person making a request pursuant to
				  75:1-1-6 shall
				  comply with the following:
(1)
				Although the law does not require requests under the Open Records Act to be in
				writing, it is preferred that requests be in writing and mailed to the Office
				of the Attorney General, Victims Services Unit or made in person during regular
				office hours between 8:00 a.m. and 5:00 p.m.
(2) The request should describe the record(s)
				requested, indicate the name of the party making the request, and have the
				party's mailing address and telephone number
(3) The requesting party shall pay a fee for
				copies. Said fee shall be twenty-five cents (25¢) per page, twelve dollars
				($12.00) per 3i-inch diskette, and $1.00 per page for certified documents.
				Copies provided via FAX machine cost $1.00 per page, regardless of the
				destination of the Faxed copy. For commercial requests or those that would
				cause excessive disruption of office function, such as documents that are
				archived, either internally or with the Oklahoma Archives and Records
				Commission, a search fee will be charged based upon the hourly rate of the
				individual(s) searching for, and locating, the requested records.
(4) Client records of a domestic violence
				program or sexual assault program, including programs serving adult victims of
				sex trafficking, are confidential and not subject to release by statutes and
				federal regulations including, but not limited to, 74 O.S. §§
									18p-3
				and
				18p-8,
				and
				42 CFR, Part
				2.
(5) Certain Office of the
				Attorney General employee personnel records are confidential and not subject to
				the Oklahoma Open Records Act, including employee evaluations, payroll
				deductions, applications submitted by persons not hired by the Office of the
				Attorney General; internal personnel investigations including examination and
				selection material, employees' home addresses, telephone numbers, and social
				security numbers, medical and employee assistance records, and other personnel
				records where disclosure would constitute a clear invasion of privacy.
				Personnel records information that are subject to release are the application
				of a person who becomes an employee of the Office of the Attorney General,
				gross receipt of public funds, dates of employment, title or position and any
				final disciplinary action resulting in loss of pay, suspension, demotion or
				termination.
(6) Any other document
				protected, as confidential, by any Oklahoma or federal law, or Oklahoma or
				federal administrative rule, or by order of a court of competent jurisdiction,
				is not subject to the Oklahoma Open Records Act.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Revoked and
				  reenacted at 28 Ok Reg 1903, eff 7-11-11
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-8 - Forms

Current through Vol. 41, No. 20, July 1, 2024
In order to maintain efficiency and uniformity in the
				  administration of duties, the Office of the Attorney General will devise and
				  maintain forms for use by any party. The forms may be revised periodically to
				  ensure uniformity, efficiency, and expediency. The prescribed forms must be
				  used by all affected parties unless another form is approved by the Office of
				  the Attorney General prior to its submission, or other provisions are stated in
				  subsequent chapters. Additionally, forms may be acquired by request under
				  75:1-1-7.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-9 - Procedures to secure a declaratory ruling as to the applicability of any rule or order of the Office of the Attorney General

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person subject to the rules contained
				in rules of the Office of the Attorney General (Oklahoma Administrative Code
				Title 75) may petition for a declaratory ruling as to the applicability of a
				specific rule and its effect on petitioner. In petitioning the Office of the
				Attorney General for a declaratory ruling, the following procedures must be
				followed:
(1) The petition must be in writing
				and submitted to the Chief, Victims Services Unit, Office of the Attorney
				General;
(2) The petition shall
				state with specificity the rule in question;
(3) The petition shall state clearly and with
				specificity the basis for the action and the action or relief sought;
(4) The petition shall pose the specific
				question(s) to be answered by the Office of the Attorney General; and
(5) The petitioner or petitioner's authorized
				representative shall print his or her name, address and telephone number on the
				petition and sign it.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 1 - General Information › Section 75:1-1-10 - Procedures to petition the Office of the Attorney General to promulgate, amend or repeal a rule

Current through Vol. 41, No. 20, July 1, 2024
Any person affected either by a rule adopted and promulgated
				  by the Attorney General, or the lack of a rule and regulation may petition the
				  Attorney General to promulgate, adopt, amend or repeal a rule pursuant to 75
				  O.S. § 305 and in accordance with this section.
(1) The petition must be in writing and
				submitted to the Chief of the Victims Services Unit, Office of the Attorney
				General:
(A) The proposed amendment,
				promulgation, or repeal of a specific rule.
(B) The reason for the petition to repeal,
				promulgate, or amend a rule.
(C)
				The effect that the repeal, amendment or promulgation of the rule would have on
				the petitioner.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 75:1-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to delineate the criteria for
					 eligibility for programs to contract with the Office of the Attorney General
					 for the provision of domestic violence, sexual assault , or adult human sex
					 trafficking services to the public as permitted or required under Title 74 O.S.
					 §
										18p-1
et seq
.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 75:1-3-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This part is applicable to all entities presently under
					 contract with the Office of the Attorney General to provide domestic violence,
					 sexual assault, or adult human sex trafficking services; and to all programs
					 which may either be, or desire to be, considered for such
					 contracts.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 1 - ELIGIBILITY TO CONTRACT › Section 75:1-3-3 - Criteria for eligibility to contract

Current through Vol. 41, No. 20, July 1, 2024
The criteria for eligibility to contract with the Office of
					 the Attorney General are as follows:
(1) The entity shall exist in conformity with
				  Oklahoma Statutes regulating said entity, and provide such proof. In addition,
				  if said entity purports to be a not-for-profit corporation, the proof of
				  exemption from federal taxes under the U.S. Internal Revenue Service Code shall
				  be made.
(2) Revocation, denial or
				  non-renewal of an entity's certification by the Attorney General shall result
				  in contract termination for any service requiring such certification as of the
				  date of the Attorney General's action.
(3) The facility shall have deficiencies of
				  no more than 30% of the standards on which the facility is reviewed.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at
					 25 Ok Reg 1834, eff 7-1-08
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-14 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Part is to describe the contracts and
					 contracting processes of the Office of the Attorney General for the provision
					 of domestic violence, sexual assault, or adult human sex trafficking services
					 to the public.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-15 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Part is applicable to all entities presently under
					 contract to provide domestic violence and sexual assault services, and to all
					 entities which may either be, or desire to be, considered for such
					 contracts.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-16 - Contract forms

Current through Vol. 41, No. 20, July 1, 2024
Contracts are in a standardized form and format as
					 determined by the Office of the Attorney General which may be revised from
					 time-to-time to meet changing state and federal statutes and regulations, and
					 the requirement of the Office of the Attorney General to fulfill its functions
					 and responsibilities.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-17 - Competitive bidding

Current through Vol. 41, No. 20, July 1, 2024
With regard to competitive bidding:
(1) Contracts which are not based upon fixed
				  uniform rates shall be competitively bid unless said contract is exempt from
				  competitive bidding or meets the requirements for sole source justification.
(2) Contracts based upon fixed
				  uniform rates, which have been previously approved by the Office of Management
				  and Enterprise Services, set by the Attorney General, are not subject to
				  competitive bidding [74 O.S. §
										85.7(11)
				  ].
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-18 - Contract, services performance

Current through Vol. 41, No. 20, July 1, 2024
Contracts shall require performance of specific service(s)
					 to be performed. Where the services cannot be broken down into units,
					 specifically measurable and reviewable services shall be stated. Additionally,
					 contracts may contain requirements of performance based upon measurable quality
					 outcome indicators.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
					 7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-19 - Contract renewal

Current through Vol. 41, No. 20, July 1, 2024
(a) Contracts for
				  domestic violence, sexual assault, or adult human sex trafficking services are
				  considered during the third (3rd) and fourth (4th) quarter of the state fiscal
				  year, for contracting in the following fiscal year.
(b) Consideration for renewal shall include a
				  review of performance of the current contract including, but not limited to,
				  measurable outcome indicators, target populations served, levels of performance
				  of specific services, having deficiencies of no more than 30% of the standards
				  reviewed, the existence of any client rights violations, and cost effectiveness
				  of the delivery of services.
(c) If
				  the Attorney General determines the contractual relationship shall be renewed,
				  it shall be in a new contract for the upcoming fiscal year and may or may not
				  contain the same terms, conditions, form and format as the previous
				  contract.
Added at 23 Ok Reg
					 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff 7-1-06; Amended at
					 25 Ok Reg 1834, eff 7-1-08
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 3 - Contracts for Domestic Violence and Sexual Assault Services › Part 3 - CONTRACTS AND CONTRACTING PROCESSES › Section 75:1-3-20 - Contractor reimbursement rates

Current through Vol. 41, No. 20, July 1, 2024
Reimbursements to contractors for domestic violence,
					 sexual assault, or adult human sex trafficking services shall be considered and
					 set in the manner described as follows:
(1) Contractors shall annually, or as
				  otherwise prescribed, submit to the Chief of the Victims Services Unit a
				  uniform cost report in the form and format determined by the Office of the
				  Attorney General, and within time-frames established by the Office of the
				  Attorney General.
(2) The Chief of
				  the Victims Services Unit shall review and analyze these cost reports,
				  requesting where deemed necessary the submission of supporting clarifying
				  information within fifteen (15) days of said request.
(3) The Chief of the Victims Services Unit
				  may recommend to the Attorney General fixed uniform rates for services, taking
				  into consideration variables such as average costs, appropriate inflationary
				  factors, capitation methods, performance outcome measures, staff credentials
				  and available funding.
(4) Prior to
				  approval by the Attorney General of the proposed rates or changes to existing
				  rates, the Victims Services Unit shall provide written notice of an open
				  hearing on the proposed fixed rates to each applicable contractor of
				  record.
(5) Consideration of the
				  proposed fixed rate by the Attorney General shall not occur until the Director
				  of the Office of Management and Enterprise Services has been provided with,
				  pursuant to 74 O.S. § 85.7:
(A) Thirty
				  (30) days written notice of the meeting in which the Attorney General will
				  consider the uniform rates of reimbursement;
(B) A copy of the meeting agenda item(s)
				  concerning the proposed rate(s); and
(C) All supporting documentation and
				  materials regarding the reimbursement rates being proposed.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-1 - Individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
Article II of the Administrative Procedures Act ("APA"), 75
				  O.S. §
									308a,
et seq.
, governs individual proceedings by Office of the
				  Attorney General for revocation, denial, suspension and non-renewal of
				  certification or for reprimand of certified facilities.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-2 - Persons affected by individual actions

Current through Vol. 41, No. 20, July 1, 2024
The Attorney General may bring an individual proceeding
				  against any program certified by the Attorney General for violation of Title 74
				  O.S §
									18p-1
et seq
. or the rules of the Attorney General as set forth in
				  Title 75 of the Oklahoma Administrative Code.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-3 - Types of sanctions

Current through Vol. 41, No. 20, July 1, 2024
The following administrative sanctions may be taken against a
				  Respondent:
(1) Revocation of
				certification
(2) Reduction in
				certification
(3) Suspension of
				certification
(4)
				Reprimand
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-4 - [1] Petition and notice in individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition and Notice.
In the
				event the Attorney General determines action should be taken, an individual
				proceeding may be initiated pursuant to the APA by filing a petition and notice
				with a Hearing Officer, as designated by the Attorney General, for the matter,
				and by serving the petition on all respondents. The petition and notice shall
				include a statement of the legal authority and jurisdiction under which the
				action is taken, reference to the statutes and rules involved, a short and
				plain statement of the matters asserted and the relief requested. The petition
				may allege facts by attaching and incorporating a document by reference. The
				petition and notice shall provide that the action shall commence and become
				effective fifteen (15) calendar days after receipt of said notice by the
				Respondent, unless the Respondent timely files a written request for a hearing
				with the Office of the Attorney General.
(b)
Request for hearing.
A
				request for hearing will be timely filed if said request is in writing and
				postmarked or hand delivered to the Hearing Officer within fifteen (15)
				calendar days of the date the party received the petition and notice. If a
				timely written request for a hearing is not filed by the Respondent, the
				allegations in the petition shall be deemed confessed by the Respondent and the
				action will become final as set forth herein. If the written request for
				hearing is timely filed, such hearing shall be scheduled before the Attorney
				General or Hearing Officer at least fifteen (15) days from the date said
				request is filed, and the parties shall be notified of the date, time and place
				of the hearing. If an emergency exists, a hearing may be conducted without the
				filing of a petition and without waiting fifteen (15) days.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency)1; Added at 23 Ok Reg 2189,
				  eff 7-1-06
1Two different rules were
				  promulgated at this Section number (75:1-5-4) in the emergency action published
				  at 23 Ok Reg 329, effective 11-8-05. On 7-1-06, the second emergency rule,
				  called "Continuances," was superseded by a permanent rule numbered at a
				  different number, 75:1-5-5.4.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-5 - [1] Service of petition and notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
The petition and notice shall be served on the
				Respondent(s) personally or by certified mail, return receipt requested to the
				address of the respondent(s) on file with the Office of the Attorney
				General.
(b)
Proof of
				service.
Proof of service shall be filed with the Hearing
				Officer.
(c)
Substitute
				service.
If the Office of the Attorney General is unable to obtain
				service on a Respondent, the petition and notice shall be mailed by regular
				mail to the last known address of the Respondent. The Office of the Attorney
				General shall file an affirmation service was attempted which will be deemed as
				proof of service.
(d)
Service
				of other papers and documents.
Service of all other papers and documents
				connected with an individual proceeding shall be served on the parties or their
				counsel by delivering a copy or via regular mail or facsimile.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency)1; Added at 23 Ok Reg 2189,
				  eff 7-1-06
1Two different rules were
				  promulgated at this Section number (75:1-5-5) in the emergency action published
				  at 23 Ok Reg 329, effective 11-8-05. On 7-1-06, the second emergency rule,
				  called "Discovery," was superseded by a permanent rule numbered at a different
				  number, 75:1-5-5.5.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-5.1 - Emergency actions

Current through Vol. 41, No. 20, July 1, 2024
When the Attorney General or Hearing Officer finds that the
				  public health, safety or welfare requires action be taken immediately and when
				  such a finding is incorporated in an order, emergency action or summary
				  suspension of a certification may be ordered pending the filing of a petition
				  or the outcome of an individual proceeding.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-5.2 - Procedures in individual proceedings generally

Current through Vol. 41, No. 20, July 1, 2024
The order of procedure in all individual proceedings shall
				  generally be governed by the APA.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-5.3 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
A pre-hearing conference may be ordered and scheduled by the
				  Attorney General or the Hearing Officer on his or her own motion or upon the
				  request of any party. The Attorney General or Hearing Officer may authorize the
				  conference to occur by teleconference. The subjects and objectives of the
				  pre-hearing conference shall be similar to those for pretrial proceedings in
				  district courts.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-5.4 - Continuances

Current through Vol. 41, No. 20, July 1, 2024
(a)
Continuance by the Office of the
				Attorney General.
The Attorney General or the Hearing Officer may
				continue or adjourn the proceedings at any time for a specified time, with
				notice or motion.
(b)
Continuance by motion of parties.
Except for good cause shown, or
				by agreement of all parties, no continuance will be granted upon motion of a
				party unless written request therefore is filed and served on all parties of
				record and filed with the Hearing Officer at least seven (7) days prior to the
				date set for hearing. A stipulation for continuance among all parties of record
				ordinarily will be approved, unless the Attorney General or the Hearing Officer
				determines that the public interest requires otherwise.
Added as 75:1-5-4 at 23
				  Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-5.5 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
Discovery is
				designed to enable a party to obtain relevant information needed for
				presentation of the party's case. This section is intended to provide a simple
				method of discovery.
(b)
Explanation.
Discovery is a process apart from the hearing whereby
				a party may obtain information from another person which has not otherwise been
				provided. This information is obtained for the purpose of assisting the parties
				in developing, preparing and presenting their cases.
(c)
Methods.
Discovery shall be
				conducted generally in accordance with Section 315 of the APA. Additionally,
				the Attorney General or the Hearing Officer may enter specific orders directing
				the conduct of discovery.
Added as 75:1-5-5 at 23
				  Ok Reg 329, eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-6 - Protective orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The Attorney
				General or the Hearing Officer at the hearing or at anytime upon application of
				a party, with or without notice, may make such orders relating to discovery as
				may be necessary or appropriate for the protection of the parties, and to
				prevent hardship to and excessive burden upon a party. Such orders may, among
				other subjects, limit the scope of depositions, prohibit questions or subjects
				of inquiry, require or excuse answers to questions on deposition, limit or
				excuse, in whole or in part, production of documents and shorten or extend the
				time within which any act shall be performed. Disclosure of client
				identification shall only be ordered pursuant to state and federal
				law.
(b) The Attorney General or
				the Hearing Officer may make appropriate orders, including dismissal of a
				proceeding or denial of relief, as may be warranted for failure or refusal to
				comply with an order issued pursuant to this rule.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-7 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance and service.
Subpoenas for the attendance of witnesses, the furnishing of information and
				the production of evidence shall be issued by the Hearing Officer upon request
				by a party. As an officer of the court, an attorney authorized to practice law
				in Oklahoma may also issue and sign subpoenas. Filing a formal request for the
				issuance of subpoenas shall not be required. Subpoenas shall be served and a
				return made in the same manner as provided in the Oklahoma Pleading Code, 12
				O.S. §
									2004.1.
(b)
Failure to obey.
The
				Attorney General or the petitioner may seek an appropriate judicial proceeding
				to compel compliance by persons who fail to obey a subpoena, who refuse to be
				sworn or make an affirmation at a hearing or who refuse to answer a proper
				question during a hearing. The hearing shall proceed despite any such refusal
				but the Attorney General or the Hearing Officer may, in his discretion at any
				time, continue the proceedings as necessary to secure a court ruling.
(c)
Motions to quash.
Any person
				to whom a subpoena is directed, may file a motion to quash or limit the
				subpoena with the Hearing Officer, setting forth the reasons why the subpoena
				should not be complied with or why it should be limited in scope and the
				Attorney General or Hearing Officer will rule on the motion.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-8 - Conduct and record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open to public.
Every hearing before the Office of the Attorney
				General shall be conducted by the Attorney General or designated Hearing
				Officer. All hearings shall be open to the public unless a protective order is
				entered to uphold confidentiality laws; however, upon motion of a party to the
				proceeding, the Attorney General or the Hearing Officer may exclude from the
				hearing room any witness not at that time under examination. A party to the
				proceeding and that party's attorney may not be excluded.
(b)
Record.
All testimony shall
				be taken on the record unless otherwise designated by the Attorney General or
				the Hearing Officer. An electronic recording of the hearing proceedings shall
				be made. The recording will not be transcribed as a matter of course. The
				electronic recording of the Office of the Attorney General shall be the
				official record. Copies of the recordings shall be provided to a party on
				written request. The cost of transcription, if done, shall be borne by the
				party having the recording transcribed.
(c)
Court reporter.
A party may
				have the proceeding transcribed by a court reporter at the expense of the
				party. Each party requesting copies shall make arrangements for such with the
				reporter, and pay the costs.
(d)
Maintenance of the record.
The record of a proceeding and the file
				containing the notices and the pleadings will be maintained by the Attorney
				General or the Hearing Officer in a location designated by the Attorney General
				or the Hearing Officer. All pleadings, motions, orders and other papers
				submitted for filing in an individual proceeding shall be stamped with the date
				filed by the Attorney General or the Hearing Officer upon receipt.
(e)
Designation on appeal.
On an
				appeal to district court, the parties may designate and counter-designate
				portions of the record to save costs, following the procedures in the
				APA.
Added at 23 Ok Reg 329,
				  eff 11-8-05 (emergency); Added at 23 Ok Reg 2189, eff
				  7-1-06
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 1 - Administration › Subchapter 5 - Procedure In Individual Administrative Proceedings › Section 75:1-5-9 - Hearing officers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Exercise
				of authority.
The Attorney General shall appoint at least one individual
				who is a licensed attorney to act as the Administrative Hearing Officer in
				individual proceedings filed before the Office of the Attorney General. The
				Administrative Hearing Officer shall conduct fair and impartial hearings and
				take all necessary action to avoid delay in the disposition of all proceedings.
				He or she shall have all powers necessary to that end unless otherwise limited
				by law, including but not limited to, the authority to:
(1) Administer oaths and
				affirmations;
(2) Rule upon
				objections and offers of proof and receive relevant evidence;
(3) Rule upon the institution of discovery
				procedures as appropriate;
(4)
				Convene a hearing as appropriate, regulate the course of the hearing, examine
				any witness in order to clarify issues; maintain decorum and exclude from the
				hearing any disruptive persons;
(5)
				Exclude from the hearing any witness whose later testimony might be colored by
				testimony of other witnesses or any person whose presence might have a chilling
				effect on testifying witnesses;
(6)
				Rule on all motions, witness and exhibit lists, exhibits and proposed
				findings;
(7) Require the filing of
				memoranda of law and the presentation of oral argument with respect to any
				question of law;
(8) Order the
				production of evidence and the appearance of witnesses whose testimony would be
				relevant, material and non-repetitious;
(9) Make inquiries of the parties or
				witnesses for the purpose of clarification or fact findings to ensure a fair
				and impartial decision;
(10) Render
				decisions pursuant to the particular action taken;
(11) May require, or allow, the filing of
				briefs by the parties, and may designate the order and time for filing briefs
				and reply briefs;
(12) Close the
				record when all interested parties have had the opportunity to be heard and to
				present evidence; and
(13) Issue
				proposed final orders.