Oklahoma Administrative Code › Title 85 - State Banking Department › Chapter 25 - Savings and Loan Associations › Subchapter 1 - Procedural Rules and Definitions › Section 85:25-1-2 - Definitions and references to statutes

Current through Vol. 41, No. 20, July 1, 2024
As used in this Chapter, reference to all definitions set
				  forth in the Code are hereby adopted as definitions applicable to this Chapter.
				  The following words and terms when used in this Chapter shall have the
				  following meaning, except where the context clearly indicates otherwise:
"Administrative Procedures Act"
means Title 75,
				  Chapter 8, Section
				  301 to
				  325, Oklahoma
				  Statutes Annotated, as the same now exists or may be amended.
"Applicant"
means a party commencing a
				  proceeding either in the form of an Application or Complaint; and includes the
				  terms "plaintiff", "complainant" and "petitioner".
"Association"
means a savings and loan
				  association and shall be understood to also include savings banks.
"Attorney"
means a licensed attorney currently
				  admitted to practice before the Supreme Court of Oklahoma, or an attorney
				  currently licensed to practice in another state who is granted permission to
				  appear in a proceeding in this state. No attorney who is not currently licensed
				  to practice in Oklahoma shall be permitted to appear except in association with
				  an attorney so licensed to practice in Oklahoma who shall also appear in the
				  proceeding. An attorney licensed to practice in a state permitting attorneys of
				  this state to practice before its state courts without local counsel may appear
				  without association of local counsel.
"Board"
and
"Commissioner"
means
				  respectively the Oklahoma State Savings and Loan Board and the Oklahoma Bank
				  Commissioner, who presides as Chairman of the Board.
"The Code"
means the Oklahoma Savings and Loan
				  Code of 1970, 18 O.S. §
									381.1, et
				  seq. as has been amended or may hereafter be amended.
"Department"
means the Oklahoma State Banking
				  Department.
"Intervenor"
means a party not an applicant or
				  named respondent who obtains permission to enter the proceeding. An intervenor
				  opposing an application will thereafter be deemed a respondent.
"Order"
means that which is required or ordered
				  to be done, or not to be done and shall be generally reserved for the
				  requirement or directive portion of an official order or decisions of a
				  proceeding; or the promulgation of rules, regulations, and requirements in
				  matters in which the Board or Commissioner acts.
"Party"
means a party of record and any other
				  party deemed by the Commissioner to have an interest in the subject matter, and
				  entitled to appear therein as a party of record. "Party of record" includes any
				  party named a party in a pleading, or who, after being deemed interested by the
				  Commissioner, makes formal appearance either in person or by an attorney at any
				  stage of the proceeding whether or not seeking affirmative relief.
"Protestant"
means a party who, upon grounds of
				  private or public interest, resists an application or any relief sought
				  thereby. A protestant is governed by the rules applicable to a
				  respondent.
"Record"
or
"Formal record"
means
				  any proceeding which shall consist of:
(A) Preliminary exhibits, including pertinent
				pleadings, notices and proof of publication.
(B) Transcript of proceedings at all
				hearings.
(C) Depositions,
				stipulations, interrogatories and answers, written testimony, offers of proof,
				and similar matters.
(D) Exhibits,
				together with attachments, appendices and amendments thereto.
(E) Exceptions and motions subsequent to the
				hearing.
(F) Orders or
				Recommendations of the Board or Commissioner, together with findings of fact
				and conclusions of law.
(G) The
				Board or Commissioner may order included in the record any other instruments or
				matters relevant to issues.
"Respondent"
means a party against whom relief
				  is sought in a proceeding, or who appears in opposition to relief sought by the
				  applicant, and includes the term "Defendant".
Transferred from
				  625:1-1-2 (see Editor's Note at beginning of this
				  Chapter)