reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 13 - Requests for Declaratory Rulings › Section 150:1-13-3 - Motion for Reconsideration

Current through Vol. 41, No. 20, July 1, 2024
Motion for Reconsideration of a declaratory ruling must be
				  brought within ten (10) days and shall be considered and determined by the
				  Executive Director or his designee, within sixty (60) days.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-1 - Interpretation

Current through Vol. 41, No. 20, July 1, 2024
All show cause hearings shall be governed by this subchapter
				  and the Oklahoma Administrative Procedures Act, 75 O.S., Section 301 et seq. as
				  amended. The rules of this subchapter shall be given the most reasonable
				  meaning, taken in its total context and will be construed to secure due process
				  in the proper resolution of every controversy. It may not be construed to limit
				  the legal rights or obligations of any party.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-2 - Notice to Show Cause

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to taking
				any corrective or remedial actions, a Notice to Show Cause shall be issued by
				the Oklahoma Department of Commerce.
(b) The Notice shall be captioned as follows:
(Form of Notice)
BEFORE THE
OKLAHOMA DEPARTMENT OF
							 COMMERCE
OKLAHOMA DEPARTMENT OF COMMERCE EX REL (NAME OF
							 DIVISION), PETITIONER,
))))))
Case No.________ Number: (to be completed by
							 staff)
vs.
))
(NAME OF RESPONDENT), RESPONDENT.
))
SHOW CAUSE HEARING
(c)
				The Notice shall include a statement concerning the activities or actions that
				have resulted in the proposed corrective or remedial actions.
(d) The Notice shall specify the particular
				statute or rule that serves as the basis for the show cause hearing.
(e) The Notice shall state the corrective or
				remedial actions or sanction that the petitioner has requested. Alternative or
				several different types of corrective or remedial action or sanction may be
				requested.
(f) The Notice shall
				state the date, time and place of the show cause hearing.
(g) The date of the show cause hearing shall
				be no less than ten (10) working days from issuance of the Notice to Show
				Cause.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-3 - Service of notice

Current through Vol. 41, No. 20, July 1, 2024
Service of a Notice of Show Cause hearing shall be by the
				  marshal of the Department or his designee or by certified mail. Certified mail
				  shall be addressed to the last address of record of the party to be served and
				  requires the return of a signed, dated receipt of delivery.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-4 - Failure to appear; default order

Current through Vol. 41, No. 20, July 1, 2024
Failure to appear at the show cause hearing set forth in a
				  Notice properly served in accordance with the requirements of
				  150:1-15-3,
				  shall result in a default order. The noticed sanction shall become the final
				  order.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-5 - Hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
Show cause hearings shall be conducted by a hearing examiner
				  who shall have the authority to administer oaths and affirmations, examine
				  witnesses, rule upon motions and the admissibility of evidence. The hearing
				  examiner shall have the authority to continue or recess any hearing, to control
				  the record and to issue final orders. The hearing examiner must be a licensed
				  attorney at law.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-6 - Representation

Current through Vol. 41, No. 20, July 1, 2024
In any show cause hearing, a party may represent himself or
				  be represented by an attorney or other representative. The Oklahoma Department
				  of Commerce shall be represented by the General Counsel or other representative
				  designated by the Executive Director.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-7 - Disqualification of hearing examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) In the
				event that a hearing examiner must disqualify, the Executive Director shall
				appoint an alternate hearing examiner.
(b) Any party may request disqualification of
				the hearing examiner by filing an affidavit with the Executive Director,
				stating the specific grounds upon which the request is made.
(c) The Executive Director shall promptly
				make a determination either granting or denying the request. Denial of the
				request is not an appealable order.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-8 - Depositions; subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) Oklahoma
				Department of Commerce or any other party, upon notice, may take depositions of
				witnesses in the same manner as provided for in civil proceedings before the
				district court. The depositions may be admitted into evidence in the same
				manner as other evidence. Costs of depositions shall be borne by the deposing
				party(s).
(b) Oklahoma Department
				of Commerce through the hearing examiner may issue subpoenas and subpoenas
				duces tecum for the production of witnesses and documents. The Oklahoma
				Department of Commerce and any other party, upon written motion, may request
				that subpoenas be issued. The party requesting the subpoena shall name the
				person, persons or material to be subpoenaed before issuance by the
				Department.
(c) In order to allow
				sufficient time, a request for subpoenas must be received by the Department of
				Commerce at least five (5) days prior to any hearing or deposition at which
				attendance of a witness is required. Subpoenas may be served by the Marshall of
				the agency at his discretion, who is the Director of Procurement Services or
				his designee or as subpoenas are served in civil actions. The party requesting
				the subpoena shall bear the costs of serving it and any fees.
(d) Obedience of any subpoena may be enforced
				by the Oklahoma Department of Commerce in the District Court.
(e) In the event conflicts arise regarding
				discovery procedures, the Oklahoma Discovery Code, 12 O.S., Sections 3201 et
				seq., shall apply.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-9 - Procedural conflicts

Current through Vol. 41, No. 20, July 1, 2024
In the event of conflicts about procedure before the
				  Department are not satisfied by rules set out in the Administrative Procedures
				  Act, 75 O.S., Section 309 et seq., or in the rules of this subchapter, the
				  Department will rely on Rules for District Courts of Oklahoma, currently
				  outstanding, adopted by the Supreme Court.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-10 - Evidence; privilege

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of
				evidence and confidential privilege established in the Oklahoma Administrative
				Procedures Act, 75 O.S., Sections 309 through 326 shall govern all hearings.
				The hearing examiner may admit and give probative effect to evidence which
				possesses probative value commonly accepted by reasonably prudent men in the
				conduct of their affairs.
(1) The rules of
				privilege are to be given effect in individual proceedings and evidence
				excluded because of any privilege recognized by the courts of this State shall
				not be admitted into evidence.
(2)
				Incompetent, irrelevant, immaterial and unduly repetitious evidence may be
				excluded by the hearing examiner.
(3) Unless otherwise provided by law, the
				burden of proof shall be upon the Department to show in what manner the
				proposed act or decision set forth in the notice to show cause is correct,
				proper and lawful.
(4) Upon a
				hearing, if the Department fails to show a prima facie case for lack of
				sufficient evidence, the hearing examiner may recommend dismissal of a petition
				forthwith to the Director, upon grounds of failure to prove sufficient facts
				which would warrant the sanction set out in the notice to show cause. The
				Director may dismiss a proposed sanction based upon the
				recommendation.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-11 - Motions

Current through Vol. 41, No. 20, July 1, 2024
Motions filed seven (7) days prior to the Show Cause hearing
				  may be specially set for hearing. Such motions must be in writing. The hearing
				  examiner may grant such a hearing. Unless such a hearing is set, it shall be
				  presumed the motion shall be heard and considered at the time of the show cause
				  hearing. Motions filed within seven (7) days of the show cause hearing shall be
				  heard and considered at the time of the hearing. Motions entered upon the open
				  record may be made orally or may be submitted in writing; motions entered at
				  this time shall be orally argued before the Hearing Examiner who may take the
				  ruling under advisement, or may rule from the bench on the matter. After the
				  record is closed pursuant to the show cause hearing, all motions must be in
				  writing.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-12 - Reports of hearing examiner; final order

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to a show cause hearing, the
				hearing examiner shall timely prepare and file his report, containing findings
				of fact, conclusions of law and recommendations as to the disposition of the
				case with the Executive Director.
(1) If the
				report of the hearing examiner contains a recommendation adverse to a
				respondent, the final decision of the Executive Director may not be made until
				a proposed order is served on the respondent and an opportunity afforded for
				said respondent to file exceptions and briefs within ten (10) days to the
				Executive Director. The report shall be mailed to each party and their
				representatives. Within ten (10) days of the date the report is mailed, any
				party adversely affected by the proposed order who wishes a rehearing must
				submit such a motion, setting out reasons in briefs.
(2) If the hearing examiner has requested and
				received proposed orders, the recommended order shall also include a ruling on
				each proposed finding of facts and conclusions of law proffered in the proposed
				orders.
(3) The parties may waive
				compliance with this section by written stipulation.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-13 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of an application for rehearing, the Executive
				  Director or his designee may remand the proceeding to the original hearing
				  examiner or to a newly appointed hearing officer at his discretion for further
				  evidence or argument; the Director may reject the application; or the Director
				  may grant the application in part or in its entirety.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-14 - Appeal of final orders; transcripts

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Any party aggrieved by a final order may appeal to the district court within
				thirty (30) days of the issuance of a final order or thirty (30) days from a
				final disposition of a properly filed application for rehearing.
(b) A transcript of oral testimony at the
				hearing shall be provided to the court by the Oklahoma Department of Commerce
				upon payment of the costs of preparation of the transcript by the appealing
				party. Requests for transcripts shall be made in writing and filed with the
				Department of Commerce. Costs shall be assessed as provided in Subchapter 9 of
				this chapter.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-15 - Transmittal of confidential materials

Current through Vol. 41, No. 20, July 1, 2024
In the event the record must be transmitted to a District
				  Court for review, those parts of the record containing confidential materials
				  shall be segregated and the court shall be notified at the time of transmission
				  of the confidential nature of the records; the Department shall move the court
				  to issue a protective order so that the materials will not be available to the
				  extent that disclosure of any of the information would harm any financial
				  interests or become broadcast.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-16 - Stay of order

Current through Vol. 41, No. 20, July 1, 2024
In the event a stay of any Department order or decision is
				  requested by any party affected or prejudiced by the Order pending a Motion for
				  Rehearing or a Petition for Judicial Review of the Order, the Department shall
				  stay the order unless it is demonstrated or apparent from the record that the
				  stay of the order will result in irreparable harm and unreasonable delay of any
				  Department action or irreparable harm to any party or person.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 15 - Show Cause Hearings › Section 150:1-15-17 - Ex parte communications

Current through Vol. 41, No. 20, July 1, 2024
No ex parte communications concerning individual proceedings
				  shall be made to the Director or the hearing examiner during the pendency of
				  the administrative proceedings or judicial review.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 17 - Procedures Applicable to Adoption, Amendment and Repeal of Rules › Section 150:1-17-1 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Department may promulgate, amend, or appeal a rule on its
				  own initiative.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 17 - Procedures Applicable to Adoption, Amendment and Repeal of Rules › Section 150:1-17-2 - Petition

Current through Vol. 41, No. 20, July 1, 2024
(a) Any interested person may petition the
				Department requesting the promulgation, amendment, or repeal of a rule in the
				following manner.
BEFORE THE
OKLAHOMA DEPARTMENT OF COMMERCE
IN RE (nature of proceeding, - -e.g. request for
							 amending of rule)
)))
Case No._________ (to be completed by staff)
(b)
				All such petitions shall be in writing and shall be filed with the Department
				at its principal office.
(c) The
				petition shall state clearly and concisely, all matters pertaining to the
				requested action and the reasons for the request.
(d) The request must also state clearly and
				specifically whether there are any persons known to the petitioner who may be
				concerned with the subject of the request and who should be notified of the
				hearing.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 17 - Procedures Applicable to Adoption, Amendment and Repeal of Rules › Section 150:1-17-3 - Consideration of petitions

Current through Vol. 41, No. 20, July 1, 2024
Petitions concerning rules will be considered by the Director
				  and a written determination to petitioner shall be delivered within sixty (60)
				  days; provided, if the Director in his discretion decides to conduct rulemaking
				  hearings, the Director may select any Department employee to conduct such
				  hearings.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 17 - Procedures Applicable to Adoption, Amendment and Repeal of Rules › Section 150:1-17-4 - Hearings; appearances; presentation of views

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless otherwise specified, and stated in
				the notice of hearings, all rulemaking hearings shall be conducted in the
				offices of the Department of Commerce.
(b) Any persons interested or affected by
				proposed actions may appear at rulemaking hearings. An appearance may be made
				individually, or by a representative.
(c) Persons wishing to argue or discuss rules
				orally at hearing may notify the Department in advance of the hearing and
				schedule a time not to exceed twenty (20) minutes to present oral
				information.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 17 - Procedures Applicable to Adoption, Amendment and Repeal of Rules › Section 150:1-17-5 - Opportunity to comment

Current through Vol. 41, No. 20, July 1, 2024
(a) Prior to the
				adoption, amendment or repeal of a rule, the Department shall afford any
				interested person a reasonable opportunity to submit data, views, and
				arguments, concerning such proposed action.
(b) If the rule under consideration is one
				which affects the substantive rights of any person, the Department shall grant
				any person or association a reasonable opportunity to participate in an oral
				hearing, when so requested in writing. Oral argument on any rule shall also be
				granted when requested by a subdivision or agency of government. If substantive
				rights of the person, association or governmental entity are affected by or are
				involved in the rule to be considered, the Department may, in its discretion
				refuse to hear oral argument and require matters to be submitted in writing.
				The Department shall, in the exercise of its sound discretion, determine
				whether the proposed action affects any substantive rights.
(c) The Department shall consider fully all
				written and oral submissions respecting the proposed rule.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 17 - Procedures Applicable to Adoption, Amendment and Repeal of Rules › Section 150:1-17-6 - Emergency rules

Current through Vol. 41, No. 20, July 1, 2024
Should the Department find that the eminent peril of the
				  public health, safety, or welfare requires immediate adoption of a rule, the
				  Department may adopt emergency rule(s) without adherence to the above rules
				  concerning notice and hearing. All emergency rules must be adopted pursuant to
				  the Administrative Procedures Act and shall be effective in accordance with the
				  Act.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 19 - Actual and Necessary Travel Reimbursements › Section 150:1-19-1 - Actual and necessary expenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Allowable and approved actual and necessary expenses incurred by the Director
				and other employees of the Oklahoma Department of Commerce and others,
				authorized by the Director for the purpose of business recruitment, shall be
				reimbursed to such employee in accordance with the rules of this subchapter
				adopted pursuant to 74 O.S.500.18(B)(5)(A).
(b) All requests for the use of actual and
				necessary expense reimbursement must be approved in advance by the
				Director.
(c) Prior to review by
				the Director, an employee's request to travel under actual and necessary
				reimbursement shall be reviewed and approved by the requesting employee's
				immediate supervisor and division director.
(d) Requests to travel under actual and
				necessary reimbursement shall be submitted on required Agency forms.
(e) The Director shall notify the requestor
				of approval by returning the signed travel request form to him.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 19 - Actual and Necessary Travel Reimbursements › Section 150:1-19-2 - Criteria for approval

Current through Vol. 41, No. 20, July 1, 2024
(a) Requests to
				travel under actual and necessary reimbursement shall be reviewed to determine
				if the travel is to further the Agency's priorities, Objectives and Strategies
				for national and international recruitment or export assistance.
(b) Requests to travel under actual and
				necessary reimbursement which do not meet the requirements set forth in this
				section shall be denied.
Amended at 18 Ok Reg
				  3495, eff 9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 19 - Actual and Necessary Travel Reimbursements › Section 150:1-19-3 - Review of expenses; criteria for reimbursement

Current through Vol. 41, No. 20, July 1, 2024
(a) Expenses claimed for actual and necessary
				reimbursement shall be reviewed by the Director of the Oklahoma Department of
				Commerce and individually approved or disapproved.
(b) In reviewing expenses claimed for actual
				and necessary reimbursement, the following criteria shall be applicable:
(1) The purpose for which the travel was
				intended and requested was a qualified one as set out in
				150:1-19-2.
(2) The expense shall be a
				reimbursable expense under the provisions of 74 O.S., 500.2 et seq. and the
				guidelines provided by the Office of Management and Enterprise Services
				regarding reimbursable expenses.
(3) Expenses for laundry and dry cleaning are
				reimbursable only if the employee is in travel status more than seven (7)
				nights.
(4) Expenses for others
				must be verified by receipt. The receipt shall designate date of expense, to
				whom expense was paid (name of business or entity), for whom the expense was
				made, a brief explanation of the expenditure (i.e. lunch and tip, lodging,
				transportation charges), the business purpose of the expenditure (what was the
				nature of the business involved), and the dollar amount of the
				expense.
(5) Expenses for meals for
				others shall be reimbursable if they are ordinary and necessary expenses
				incurred by economic developers. As provided in
				26 U.S.C.
				274(a)(1)(A), expenses must
				be directly related to or associated with, the active conduct of business.
				Expenditures must be on behalf of the company or individuals in whose name the
				travel claim has been submitted. Documentation as required in paragraph (4) of
				this section must reflect that the expense was incurred for more than a general
				expectation of some specific business benefit at some future time; and that
				business was engaged in during the meal and the main purpose of the combined
				business and meal was the active conduct of business.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 19 - Actual and Necessary Travel Reimbursements › Section 150:1-19-4 - Reimbursement at per-diem rate

Current through Vol. 41, No. 20, July 1, 2024
Reimbursement for approved travel and subsistence not meeting
				  the criteria for actual and necessary expenses will be reimbursed at the
				  per-diem rate as authorized by the State Travel Reimbursement Act, 74 O.S.,
				  500.2 et seq.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 19 - Actual and Necessary Travel Reimbursements › Section 150:1-19-5 - Required report; contents

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Oklahoma Department of Commerce shall submit a report regarding the actual
				expenses exempted from the per diem and lodging provisions of 74 O.S., 500.1
				through 500.18 no later than the first day of September following the end of
				each fiscal year to the Governor, the President Pro Tempore of the Senate and
				the Speaker of the House of Representatives.
(b) The report will be completed by the
				Financial Services Division of the Department and shall contain the following
				information:
(1) Name of person incurring
				expense;
(2) Destination and name
				of hotel;
(3) Purpose and result of
				travel; and
(4) Amount of expenses
				reimbursed.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of these rules is to establish the policy and
				  procedures for the audit of state and federal funds administered by the
				  Oklahoma Department of Commerce. A contractor that receives federal funds from
				  sources other than the Department may face a stricter audit requirement,
				  overall, than the Department's requirement. It is the responsibility of the
				  contractor to be aware of any such requirements by other funding
				  agencies.
Added at 9 Ok Reg 2709,
				  eff 7-15-92
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms when used in this subchapter
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Act"
means the Single Audit Act of 1984, as
				  amended by the "Single Audit Act Amendments of 1996", both codified at 31
				  U.S.C. Sections 7501 et seq.
"Contractor"
means a grantee or
				  subrecipient.
"Department"
means the Oklahoma Department of
				  Commerce established pursuant to 74 O.S. Section
				  5001,
				  and any successor agencies thereto.
"Government Auditing Standards"
means the
				  publication titled "Government Auditing Standards" (commonly referred to as the
				  "Yellowbook") issued by the Comptroller General of the United States, as may be
				  revised from time to time.
"OMB"
means the United States Office of
				  Management and Budget.
"Professional service contractors"
means those
				  contractors that, because of special education, knowledge or skills, are
				  contracted with by the Department to exercise such specialties in service on
				  behalf of the Department.
"Program Audit"
means an audit only on the
				  Department's contracts.
"Single Entity Audit"
means a single audit on
				  the entire organization which includes all of the funds the organization
				  receives and expends.
"Uniform Guidance for Federal Awards"
means the
				  Uniform Administrative Requirements, Cost Principles, and Audit Requirements
				  for Federal Awards found in Title 2 of the Code of Federal
				  Regulations.
Added at 9 Ok Reg 2709,
				  eff 7-15-92; Amended at 18 Ok Reg 3495, eff
				  9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-3 - Applicability of various acts and rules; incorporation by reference

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department is subject to the Act. It
				is the policy of the Department to comply with the provisions of the Act and
				Uniform Guidance for Federal Awards.
(b) The applicability of the Act is as
				follows:
(1) The provisions of the Act apply
				to contractors of federal funds administered by the Department as subrecipients
				under the Act and Uniform Guidance for Federal Awards. Contractors defined as
				state and local governments and non-profit organizations by the Act are
				independently subject to:
(A) The Act;
(B) Uniform Guidance for Federal
				Awards:
(C) "Uniform
				Administrative Requirements for Grants and Cooperative Agreements to State and
				Local Governments" (Text of the "Common Rules for Contracts" beginning October
				1, 1988 published in the "Federal Register", March 11, 1988; and
(D) "Government Auditing Standards"; and
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-4 - Audit requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department's
				audit requirements shall apply to all contractors unless otherwise exempted.
(b) The following contractors
				shall be exempt from the provisions of this subchapter:
(1) Professional services contractors;
(2) Vendors of products; and
(3) Foreign office contractors.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-5 - Content of audit

Current through Vol. 41, No. 20, July 1, 2024
The contents of an audit shall include at minimum the
				  following:
(1) The requirements of the
				"Government Auditing Standards" and/or Uniform Guidance for Federal Awards,
				whichever is applicable;
(2) A
				schedule of state awards, if state funds were received. This schedule shall
				include all state programs and shall be on such form(s) as may be prescribed by
				the Department;
(3) A schedule of
				federal awards, if applicable. This schedule shall include all federal programs
				and shall be on such form(s) as may be prescribed by the Department.
Added at 9 Ok Reg 2709,
				  eff 7-15-92; Amended at 18 Ok Reg 3495, eff
				  9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-6 - Auditor requirements

Current through Vol. 41, No. 20, July 1, 2024
The following requirements for auditors shall apply:
(1) If an audit includes federal funds, the
				auditor must be:
(A) a certified public
				accountant or firm; or
(B) a public
				accountant or firm licensed on or before December 31, 1970. The publication
				"Government Auditing Standards" states the qualification for the auditing staff
				assigned to the audit.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-7 - Review of audits; appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) After
				receipt of an audit, the Department shall have six (6) months to review the
				audit. The Department is required to "ensure that appropriate corrective action
				is taken within six (6) months after receipt of the (contractor's) audit report
				in instances of noncompliance with Federal laws and regulations", as provided
				in Uniform Guidance for Federal Awards.
(b) After review, if it is determined that
				funds are owed to the Department, the Department shall issue a Notice to Show
				Cause pursuant to the provisions of Sections
				150:1-15-1 et seq.
				of this chapter.
(c) Any part
				aggrieved by a final order of the Department may request an appeal pursuant to
				the provisions of Section
				150:1-15-14
				of this chapter.
Added at 9 Ok Reg 2709,
				  eff 7-15-92; Amended at 18 Ok Reg 3495, eff
				  9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 21 - Audits › Section 150:1-21-8 - Charges for audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Contractors may
				charge audit fees in a reasonable proportional share unless in conflict with
				applicable federal requirements, when audits are conducted in accordance with
				the Act, Uniform Guidance for Federal Awards and the rule of this subchapter.
(b) Contractors shall not charge
				audit fees for Department contracts when audits are not conducted in accordance
				with the Act, Uniform Guidance for Federal Awards and the rules of this
				subchapter.
(c) Hospital
				contractors must conduct their audit in accordance with the rules of this
				subchapter and Uniform Guidance for Federal Awards in order to charge the audit
				fees to Department contracts.
Added at 9 Ok Reg 2709,
				  eff 7-15-92; Amended at 18 Ok Reg 3495, eff
				  9-14-01
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-1 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Financial assistance"
means the act, process or
				  program of the Department's participation in the matching, and/or contracting
				  for, financial assistance funds for local project funding contracts.
"Local project funding contract"
means an
				  agreement between a state agency and either a local government or private
				  entity, or both, in which the state agency agrees to provide funding to the
				  local government or private entity which agrees to accomplish a public purpose.
				  In addition, the direct benefits of such a contract accrue primarily to the
				  local population rather than the state as a whole. If a state appropriation
				  were to be made directly for the purpose of the contract and to the funding
				  recipient, such appropriation would be a special law and conform to the
				  requirements of Okla. Const. Art. V, 32 and 46. Local project funding contracts
				  do not include contracts subject to state competitive bidding requirements.
				  [Executive order 88-16]
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-2 - Scope

Current through Vol. 41, No. 20, July 1, 2024
Regardless of the funding source, whether federal or state
				  appropriation or funds held and administered by the state in trust, if
				  contracts are not subject to the Oklahoma Central Purchasing Act, the rules of
				  this subchapter apply, except as set out in
				  150:1-25-11
				  herein.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-3 - Assistance

Current through Vol. 41, No. 20, July 1, 2024
The instant rules and regulations of this title implementing
				  and administering the powers, duties, funds and responsibilities of the
				  Department, provide generally for departmentally approved financial assistance
				  for certain works and programs and projects for the enhancement and utilization
				  of human, community and economic development resources within and throughout
				  the State of Oklahoma.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-4 - Applications; notices; requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Contracts promoting the accomplishment of the mission of the Oklahoma
				Department of Commerce which is to promote and aid firms, farms and communities
				in their economic and community development efforts and create more and better
				jobs in Oklahoma shall be entered into pursuant to receipt of proper
				application and evaluation pursuant to applicable criteria. Applications shall
				be mailed pursuant to Notice of Availability of Funds published in the Oklahoma
				Register, a publication of the Oklahoma Department of Libraries. All eligible
				applicants must obtain the application and complete it and return it in a
				timely manner to be eligible for any funds listed in the Notice.
(b) Applications shall be mailed upon request
				to qualified organizations. "Qualified" organizations include the state,
				counties, cities, towns, school districts and non-profit and for- profit
				corporations, partnerships, joint ventures, community centers, Indian tribes
				and associations formed by and amongst or as a result of the foregoing, as
				designated and as may be limited by the Notice in the Oklahoma
				Register.
(c) Availability of
				application forms and any guidelines for filling it out and deadlines for
				receipt of applications shall be published in the Oklahoma Register.
(d) Each applicant must be an eligible entity
				as designated by the published Notice and must describe an eligible public
				purpose project within the powers of the Department to perform.
(e) Detailed requirements of each program
				will be set out in each application package and guidelines. Appeal procedures
				which an applicant may pursue will accompany each application package in the
				event an applicant is dissatisfied with the act or decision of the Department
				as it pertains to each individual application.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-5 - Notice to applicants

Current through Vol. 41, No. 20, July 1, 2024
Applicants for the financing of a departmentally approved
				  project, at the local level, as authorized and contemplated under the Oklahoma
				  Department of Commerce Act and other applicable laws shall be notified by mail
				  of one of the following after deadline for receipt of an application, within
				  one hundred twenty (120) days:
(1) The
				application is recommended for funding and qualifications and limitations to
				obtain a contract will be outlined;
(2) If applicable, that the application is
				incomplete or incorrect and an explanation of the problem; time limitations for
				correcting the problem in order to remain a viable applicant shall be set out
				in the notice;
(3) The application
				is not recommended for funding; or
(4) Notification that the applicant or
				project purpose is ineligible under the program applied for.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-6 - Criteria

Current through Vol. 41, No. 20, July 1, 2024
The evaluation and selection criteria for projects shall
				  include:
(1) The project must fall
				within the parameters of lawful responsibilities of the Department;
(2) The benefit of a project to the area to
				be served by the project to a reasonable number of citizens in the locale or
				community;
(3) Extent of local
				participation, if any, in the project;
(4) Previously received financial assistance
				by and through the Department or any other state or governmental
				entity;
(5) Administrative capacity
				of applicant and/or historic administrative experience;
(6) Actual established need determined after
				review and investigation by departmental personnel;
(7) On site visits and/or documentation
				through notarized information request forms;
(8) Compliance with federal laws, rules or
				regulations;
(9) The eligibility of
				the user of the proceeds;
(10) The
				availability of other assistance and the ability of the applicant to acquire or
				obtain such assistance;
(11) The
				economic feasibility of the project in view of its economic viability and the
				adequacy and reliability of the information reflected by the application for
				funds;
(12) Statewide needs and
				local public interest in a given project;
(13) The availability of funds to the
				Department; and
(14) Employment of
				citizens.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-7 - Other criteria

Current through Vol. 41, No. 20, July 1, 2024
Not all criteria listed in
				  150:1-25-6 shall be
				  applicable to all projects; however, the identified need of an activity and the
				  lawful responsibility of the Department shall be determining factors in funding
				  of a particular project. Application packets for specific programs may specify
				  additional or alternative criteria.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-8 - Contracts

Current through Vol. 41, No. 20, July 1, 2024
Once it is established that applicable criteria have been met
				  by an entity, a local project funding contract with applicant may be written,
				  subject to funding availability. The contract will require that expenditures
				  shall be documented as stated in the terms of the contract.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-9 - Expenditures of funds

Current through Vol. 41, No. 20, July 1, 2024
Expenditures of funds may be on a reimbursement or advance
				  basis as specified in a local project funding contract. The budget in the
				  contract is the basis for validation of any request for
				  funds.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-10 - Records

Current through Vol. 41, No. 20, July 1, 2024
All books and records of an awarded local project funding
				  contract applicant pertaining to expenses and budget shall be available for
				  inspection by Department.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 25 - Local Project Funding Contracts › Section 150:1-25-11 - Supersession of rules

Current through Vol. 41, No. 20, July 1, 2024
If federal funds or funds governed by or subject to federal
				  oversight are the Departmental source for development of any contracts, the
				  rules or requirements of any federal law or rules or requirement or any state
				  law or, if necessary, rules adopted for the particular program, that conflict
				  with any rule in this subchapter shall supersede the rules of this
				  subchapter.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 27 - Interpretation of Rules › Section 150:1-27-1 - Purpose; scope

Current through Vol. 41, No. 20, July 1, 2024
(a) The rules of
				this chapter are adopted for the purpose of simplifying procedure, avoiding
				unnecessary delay, saving expenses and facilitating the administration of the
				statutes and programs for which the Department of Commerce is responsible. To
				that end, the rules of this chapter shall be given fair and impartial
				construction. The rules of this chapter shall be cumulative to the
				Administrative Procedures Act, 75 O.S., Section 250 et seq.
(b) The rules of this chapter shall govern
				all formal proceedings of the Department.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 27 - Interpretation of Rules › Section 150:1-27-3 - Cite

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter shall be known as the General Rules
				  of Practice and Procedure of the Oklahoma Department of Commerce and may be
				  cited as
				  150:1-1-1 et
				  seq.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 27 - Interpretation of Rules › Section 150:1-27-5 - Severability

Current through Vol. 41, No. 20, July 1, 2024
The provisions contained in this chapter are severable. The
				  repeal, amendment, or invalidity of any provision hereof shall not serve to
				  repeal or invalidate the remaining provisions.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 1 - General Rules of Practice and Procedure › Subchapter 27 - Interpretation of Rules › Section 150:1-27-6 - Interpretation

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter must be read in conjunction with
				  their enabling acts and shall be interpreted in the amended manner required
				  pursuant to amendments of any enabling acts cited herein or other
				  laws.
Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 10 - Certification of Industrial Parks › Section 150:10-1-1 - Purpose; eligible applicants

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 purpose of the Industrial Park Program is to establish a method and set of
			 standards by which industrial parks may become voluntarily certified. Such
			 certification process will provide uniformity in the definition of "Industrial
			 Park" so that prospective occupants can be assured of the minimal quality
			 characteristics, services and amenities that an Oklahoma industrial park will
			 provide. Additionally, the Certification of the Department of Commerce will
			 qualify parks as an eligible participant in the Oklahoma Small Business Linked
			 Deposit program created in the Act found at 62 O.S., Section 88.1 et
			 seq.
(b) Eligible applicants are
			 developers whose industrial parks meet the following minimum requirements:
(1) The application form requiring qualifying
			 information and other general information regarding desirable features must be
			 completed and submitted;
(2) The
			 park site must be zoned for industrial use;
(3) Utilities including electrical, gas,
			 telephone and water/sanitary service, must be reasonably accessible to park
			 site;
(4) The community must have a
			 governing board that oversees park development;
(5) A preliminary plat or equivalent, must be
			 prepared and submitted for approval by the governing board;
(6) A minimum of five (5) acres for
			 industrial usage must be set aside for park site; and
(7) A paved all-weather access road to site
			 must be in place or a completed plan, including financing must be
			 available.