reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-10 - Resident applicants currently or previously licensed in other jurisdictions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements.
In order to qualify under previously licensed
				procedures, an applicant must complete and submit all appropriate documents as
				required by the Commission and furnish evidence that the applicant possesses or
				has possessed a license in good standing in another jurisdiction. Applications
				approved for resident applicants currently or previously licensed in other
				jurisdictions shall be valid for ninety (90) days. The Commission may issue the
				applicant a license if such previously licensed applicant meets all of the
				requirements of either paragraphs (1), (2), (3) or (4) of this subsection:
(1) If a nonresident agreement exists between
				Oklahoma and the jurisdiction in which the applicant qualified for a license,
				the Commission shall qualify the licensed applicant through the nonresident
				agreement. In order to qualify under this paragraph an individual must furnish
				evidence that the license from the former jurisdiction has not been inactive
				more than six (6) months prior to application to this jurisdiction.
(A) An applicant applying under this
				paragraph must complete and submit the following:
(i) Appropriate application(s).
(ii) License certification(s) from the
				jurisdiction(s) in which the applicant has held or currently holds a license.
(iii) Criminal history background
				application, fingerprint card and fee.
(iv) Examination fee and successful
				completion of the state portion of the examination.
(vi) Proof of completion of at least one (1)
				continuing education clock hour in each of the following Oklahoma-specific
				subjects: Broker Relationships Act, Contracts and Forms, and Code and Rule
				Updates.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 7 - Licensing Procedures and Options › Section 605:10-7-11 - Applicant criminal history

Current through Vol. 41, No. 20, July 1, 2024
(a) This section establishes the criteria utilized by the Commission in determining the effect of criminal history on applicant eligibility for real estate licensure and certification. This section applies to:
(1) All individuals seeking to obtain a real estate license;
(2) All individuals seeking an initial determination of their eligibility to obtain a real estate license.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-1 - Place of business and broker requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Place of business.
Each
				broker shall maintain a specific place of business, and supervise a brokerage
				practice which is available to the public during reasonable business hours.
				Each broker shall be available to manage and supervise such brokerage practice
				and comply with the following:
(1) The place
				of business shall consist of at least one enclosed room or building of
				stationary construction wherein negotiations and closing of real estate
				transactions of others may be conducted and carried on with privacy and wherein
				the broker's books, records and files pertaining to real estate transactions of
				others are maintained.
(2) Each
				broker shall register for each place of business a physical business address
				and office telephone number(s).
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-2 - Office identification

Current through Vol. 41, No. 20, July 1, 2024
(a)
Office
				identification sign.
Each licensed real estate broker holding an active
				license certificate, except those registered as being associated with a broker
				who is in compliance with this Section, shall erect and maintain a sign on or
				about the entrance of his or her office and all branch offices, which sign
				shall be easily observed and read by persons about to enter any of said
				offices.
(b)
Specifications
				of sign.
Each sign shall contain the name of the broker or trade name
				registered with the Commission, and if a partnership, association or
				corporation, shall contain the name or trade name of such firm. The sign must
				indicate that the party is a real estate broker and not a private party, to
				include, but not limited to, "company", "realty", or "real estate", as the case
				may be, all in letters not less than one (1) inch in height. Legal
				abbreviations following the trade name or name under which the broker is
				licensed shall be acceptable as long as they are easily identifiable by the
				public as such.
Amended at 8 Ok Reg
				  2071, eff 7-1-91; Amended at 10 Ok Reg 2087, eff 7-1-93; Amended at 12 Ok Reg
				  1813, eff 7-1-95; Amended at 15 Ok Reg 3322, eff
				  7-13-98
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-3 - Trade names

Current through Vol. 41, No. 20, July 1, 2024
Each licensed broker or entity must register in writing to the Commission all trade names used in connection with real estate activities prior to the trade name being advertised or displayed in any way. Further, each broker is to notify the Commission in writing of all deleted or unused trade names. The registration of each trade name must be accompanied by a twenty five dollar ($25.00) registration fee.
Amended at 10 Ok Reg
				  2087, eff 7-1-93
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-3.2 - Team registration and fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The broker shall register each team within the brokerage with the Commission on a form prescribed by the Commission. The fee for each team name registration shall be $100.00.
(b) Each team name must be approved by the broker and must be unique and not registered to another real estate team within the State of Oklahoma, and must not be identical to any association, corporation or partnership licensed as a real estate entity by the Commission.
(c) The broker shall not allow any team name identical to an associate's corporation or association formed for the purpose of receiving compensation.
(d) Each team name must be registered to the Commission prior to the performance of any licensable activities by the team.
(e) It shall be prohibited for a broker to register any team name that is not being used by a team within their brokerage.
(f) The broker shall maintain and keep current a list of teams and their respective members, in writing, within the brokerage. Copies of this list shall be made available immediately to the Commission upon request.
(g) The broker shall notify the Commission, in writing, of all deleted or unused team names.
(h) Team members must maintain an active Oklahoma real estate license.
(i) All registered team names shall contain the word "team" or "group".
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-5 - Broker change of address or office telephone number

Current through Vol. 41, No. 20, July 1, 2024
(a)
Change of business address or office telephone number.
Any change of business address or office telephone number of a broker must be filed in the Commission office within ten (10) days of such change. Filed shall mean the date of the United States Postal Service postmark or the date personal delivery is made to the Commission office. No fee shall be charged for adding or deleting an office telephone number.
(b)
Change of home address.
A broker is required to notify the Commission of his or her current home address. Such change shall be filed in the Commission office within ten (10) days of such change.
Amended at 8 Ok Reg
				  2071, eff 7-1-91; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 28 Ok Reg
				  1812, eff 7-1-11
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-6 - Death or disability of broker

Current through Vol. 41, No. 20, July 1, 2024
Upon the death or inability of a broker to act as a broker
				  the following procedures shall apply:
(1) In the case of a corporation, association
				or partnership, the provisions of
				605:10-7-8
				relating to corporations,
				605:10-7-8.2
				relating to associations, and
				605:10-7-8.1
				relating to partnerships shall apply.
(2) In the case of a sole proprietor all
				brokerage activity must cease and a family attorney or representative should
				perform the following:
(A) Notify the
				Commission in writing of the date of death or disability.
(B) Advise the Commission as to the location
				where records will be stored. Such records may be assigned to another
				broker.
(C) Return the broker's
				license certificate and pocket identification card and all license certificates
				of those associated with the broker to the Commission and advise the Commission
				as to the circumstances involving any not returned.
(D) Notify each listing and management client
				in writing that the broker is no longer in business and that the client may
				enter a new listing or management agreement with the firm of his or her
				choice.
(E) Notify each party and
				co-broker to any existing contracts.
(F) Retain trust account monies under the
				control of the administrator, executor or co-signer on the account until such
				time as all parties to each transaction agree in writing to disposition or
				until a court of competent jurisdiction issues an order relative to
				disposition.
(G) Notify the
				Commission of the date the trust account will be closed.
(H) All advertising in the name of the firm
				must be terminated and offering signs removed within thirty (30) days of death
				or disability of the broker.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-7 - Requirements for cessation of real estate activities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirement.
Unless
				specifically approved otherwise by the Commission a real estate firm shall,
				when ceasing a portion of real estate activities or ceasing all real estate
				activities, comply with Section
				605:10-13-1(m).
(b)
Ceasing a portion of real estate
				activities.
To cease a portion of real estate activities refers to
				closing a department within a firm wherein, to include but not limited to,
				separate accounting, trust/escrow accounts and trade names were established and
				utilized.
(c)
Firm not active
				in performing real estate activities.
If a firm is not active in
				performing real estate activities, such firm shall comply with Section
				605:10-13-1(m), (1),
				(A) through (C.)
Amended at 12 Ok Reg
				  1813, eff 7-1-95; Amended at 14 Ok Reg 3031, eff
				  7-11-97
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 9 - Broker's Operational Procedures › Section 605:10-9-8 - Branch office closing instructions

Current through Vol. 41, No. 20, July 1, 2024
The Commission must receive in writing, the requirements
				  listed in this Section at the time notice is given to the Commission that the
				  branch office has closed; however, a written request may be submitted to the
				  Commission for approval to extend the period for submitting such documents and
				  information. Unless specifically approved otherwise by the Commission, a real
				  estate branch office shall be closed by the main office broker in the following
				  manner:
(1) Notify the Commission in
				writing of the date the branch office will close and advise as to the location
				where records will be stored and retained for a minimum of five (5) years in
				conformance with
				605:10-13-1(1).
(2) Return the branch office license
				certificate and pocket identification card along with all license certificates
				of those associated with the branch office to the Commission and advise the
				Commission as to the circumstances involving any not returned.
(3) Release forms must be filed for all
				licensees affiliated with the branch office.
(4) The branch office broker must either
				transfer his or her license to a firm of his or her choice or place his or her
				license on inactive status.
(5) If
				the main office is not going to service the branch office's existing listing
				and management clients, as well as parties and co-brokers to existing
				contracts, notice is to be sent in writing advising all parties of the date the
				branch office will close and advise each client that he or she may enter a new
				listing or management agreement with a firm of his or her choice.
(6) All advertising in the name of the branch
				office must be terminated and offering signs removed within thirty (30) days of
				office closing.
(7) Trust account
				funds and pending contracts must be maintained by the responsible broker until
				final proper disbursal or until new agreements are secured from all parties for
				transfer of the funds and/or contracts. The Commission is to be notified in
				writing of any accounts that are closed.
Added at 10 Ok Reg 2087,
				  eff 7-1-93; Amended at 12 Ok Reg 1813, eff 7-1-95; Amended at 15 Ok Reg 3322,
				  eff 7-13-98
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 11 - Associate's Licensing Procedures › Section 605:10-11-1 - Acts of associates

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirement.
All acts performed by an associate under the
				provisions of the "Real Estate License Code" shall be done only in the name of
				the associate's broker.
(b)
Limitation.
An associate shall not be allowed to work for more
				than one broker at the same time.
(1) An
				exception to this subsection would be if the associate's broker agreed to loan
				the associate to another broker for a specific duty to be performed, such as:
(A) Sitting at an open house.
(B) Calling an auction or performing other
				auction related duties.
(C) Any
				other specific duty as requested in writing and approved by the
				Commission.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 11 - Associate's Licensing Procedures › Section 605:10-11-2 - Associate licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
License issuance and change request.
Each associate license shall be issued electronically to each associate through the individual License Portal. Upon an associate leaving the association of the broker, the associate's license shall be updated electronically after receiving a release or transfer executed by the broker. Any change of association from one firm to another, or relocation from one office to another within a firm by an associate must be filed in the Commission office within ten (10) days. The associate's new broker shall be required to provide consent to sponsor the associate with the Commission. An associate requesting an association or office change shall be required to pay a fee of Forty Dollars ($40.00).
(b)
Broker refusal to release associate.
In the event a broker refuses for any reason to release an associate, the associate shall notify the broker and Commission in writing of the disassociation. Upon receipt by the Commission of the aforementioned statement, the Commission will provide one (1) additional email notice to the broker and shall release the licensee within two (2) business days.
(c)
Associates transfer.
When an affiliated associate leaves a broker for whom the associate is acting, the broker shall make every attempt to notify the associate of the disassociation.
(d)
Active associate may continually act.
An active associate transferring from one broker to a new broker may continually act if the change is done in a timely manner and in compliance with the ten (10) day notification requirement and other applicable rules of this Chapter.
(e)
Compensation due a disassociated associate.
A previous broker may pay compensation due a disassociated associate directly to the associate and not be required to make the payment through the associate's new broker. However, any agreements between the associate and prior broker requiring further activities to be performed in connection with the compensation to be received, can only be performed with consent and acknowledgement of the new broker.
(f)
Change of home address.
An associate is required to notify the Commission office of his or her current home address. The change shall be filed in the Commission office within ten (10) days of change.
Amended at 8 Ok Reg
				  2071, eff 7-1-91; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg
				  3322, eff 7-13-98; Amended at 20 Ok Reg 2563, eff 7-11-03; Amended at 27 Ok Reg
				  1940, eff 7-1-10; Amended at 29 Ok Reg 1402, eff
				  7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 11 - Associate's Licensing Procedures › Section 605:10-11-3

Current through Vol. 41, No. 20, July 1, 2024
Amended at 13 Ok Reg
				  1723, eff 7-1-96; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg
				  3322, eff 7-13-98; Amended at 22 Ok Reg 2177, eff 7-1-05; Amended at 29 Ok Reg
				  1402, eff 7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 13 - Trust Account Procedures › Section 605:10-13-1 - Duty to account; broker

Current through Vol. 41, No. 20, July 1, 2024
(a)
Deposit and account of trust/escrow funds.
(1) The obligation of a broker to remit
				monies, valuable documents and other property coming into his or her possession
				within the meaning of subparagraph six (6), Section 858-312 of the "Code" shall
				be construed to include, but shall not be limited to, the following:
(A) Shall deposit all checks and monies of
				whatever kind and nature belonging to others in a separate account in a
				financial institution wherein the deposits are insured by an agency of the
				federal government.
(B) The broker
				is required to be a signor on any brokerage account where such funds are
				held.
(C) Any brokerage account
				where such funds are held must be in the name of the broker as it appears on
				the license or trade name as registered with the Commission and styled as a
				trust or escrow account and shall be maintained by the broker as a depository
				for deposits belonging to others.
(D) All escrow funds shall be deposited
				before the end of the third banking day following acceptance of an offer by an
				offeree or receipt of escrow funds unless otherwise agreed to in writing by all
				interested parties.
(E) The broker
				shall ensure such funds are maintained in said account until the transaction
				involved is consummated or terminated and proper accounting made.
(F) The broker shall at all times, maintain
				an accurate and detailed record thereof.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 13 - Trust Account Procedures › Section 605:10-13-2 - Duty to account; associate

Current through Vol. 41, No. 20, July 1, 2024
The obligation of an associate to remit monies, valuable
				  documents and other property coming into his or her possession within the
				  meaning of subsection six (6), Section 858-312 of the Code shall be construed
				  include but shall not be limited to the following:
(1) Shall turn over all documents, files and
				monies deposited, payments made, or things of value received by the associate
				to his or her broker promptly; and
(2) Shall deliver a copy of all instruments
				to any party or parties executing the same when such has been prepared by the
				associate or pertains to the consummation of a transaction in which he or she
				participated.
(3) Shall not be
				authorized to open or maintain a trust or escrow account, or be a signer on a
				trust or escrow account wherein the associate is providing licensed activities
				as defined in the License Code and Rules; however, an associate may open or
				maintain a trust or escrow account, or be a signer on a trust or escrow
				account, when the associate is performing activities as outlined in Section
				858-301 of the Code.
Amended at 15 Ok Reg
				  3322, eff 7-13-98; Amended at 16 Ok Reg 394, eff 1-1-99 (emergency); Amended at
				  16 Ok Reg 2561, eff 7-1-99; Amended at 27 Ok Reg 1940, eff
				  7-1-10
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 13 - Trust Account Procedures › Section 605:10-13-3 - Special escrow disbursement

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				the event a dispute arises prior to the disbursement of any monies or other
				valuables held by a broker in escrow in connection with a real estate purchase
				contract, the broker shall continue to retain said money or valuables in escrow
				until he or she has a written release from all parties consenting to its
				disposition or until a civil action is filed to determine its disposition at
				which time he or she may pay or turn it into the court.
(b) In the absence of a pending civil action
				and upon the passage of thirty (30) days from the date of final termination of
				the contract, it shall not be considered grounds for disciplinary action by the
				Commission against a broker for a broker to disburse escrow monies or valuables
				to either purchaser or seller when the disbursement has been based on a good
				faith decision by the broker that the opposite party has failed to perform as
				agreed, such disbursement to be made, however, only after fifteen (15) days
				written notice to all parties concerned setting forth the broker's proposed
				action.
Amended at 14 Ok Reg
				  3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff
				  7-13-98
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 15 - Disclosures › Section 605:10-15-1 - Disclosure of beneficial interest or referrals

Current through Vol. 41, No. 20, July 1, 2024
(a) No licensee shall, without disclosing
				such fact in writing to all parties on both sides of the transaction, either:
(1) Accept or receive any fee, commission,
				salary, rebate, kickback or other compensation or consideration allowed by law
				in connection with the recommendation, referral or procurement of any product
				or service, including financial services.
(2) Own any beneficial interest in any entity
				which provides any product or service, including financial services to home
				owners, home buyers or tenants, in connection with the sale, lease, rental or
				listing of any real estate. Activities or interests of associates shall
				ordinarily be disclosed to his or her broker who shall have the primary
				responsibility to make written disclosures covered by this Section to the
				parties.
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 15 - Disclosures › Section 605:10-15-2 - Broker Relationships Act to become effective November 1, 2013

Current through Vol. 41, No. 20, July 1, 2024
(a)
Broker
				Relationships Act effective November 1, 2013.
A new law, Title 59, O.
				S., Sections
				858-351
				through
				858-363
				of the License Code, becomes effective on November 1, 2013, which law shall be
				referred to as the Broker Relationships Act.
(b)
Brokerage service agreement
				defined.
The term "brokerage service agreement" shall mean an oral or
				written agreement to provide brokerage services entered into by a real estate
				broker and a person who is a party to a real estate transaction and shall
				include, but not be limited to, listing agreements, buyer broker agreements and
				property management agreements.
(c)
Validity of a brokerage service agreement existing before and on November
				1, 2013.
A brokerage service agreement entered into prior to November 1,
				2013, shall remain in full force and effect until the agreement expires or is
				otherwise terminated by an agreement of the parties.
(d)
Providing services to more than one
				party to the transaction.
When a firm provides brokerage services to
				more than one party to the transaction, the broker shall provide written notice
				to those parties that the broker is providing brokerage services to more than
				one party. When a firm provides brokerage services to both sides of the
				transaction, the firm shall ensure compliance with the duties and
				responsibilities in Title 59, O.S., Section
				858-353
				along with all other requirements of the License Code and Rules.
(e)
Services provided to a
				tenant.
When a broker provides brokerage services to a landlord under a
				property management agreement, the services provided to the tenant by the
				broker shall not be construed as creating a broker relationship between the
				broker and the tenant unless otherwise agreed to in writing; however, the
				broker owes to the tenant the duties of honesty and exercising reasonable skill
				and care.
Amended at 8 Ok Reg 2071, eff 7-1-91; Amended at 16 Ok Reg
					 394, eff 1-1-99 (emergency); Amended at 16 Ok Reg 2561, eff 7-1-99; Amended at
					 17 Ok Reg 2645, eff 7-1-00; Amended at 18 Ok Reg 48, eff 11-1-00 (emergency);
					 Amended at 18 Ok Reg 1759, eff 7-1-01; Amended at 30 Ok Reg 2061, eff
					 11-1-13
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 15 - Disclosures › Section 605:10-15-3 - Requirements for furnishing psychological factors

Current through Vol. 41, No. 20, July 1, 2024
Psychologically impacted property is any property where the
				  existence of certain circumstances, suspicions or facts may create emotional or
				  psychological disturbance or concerns to a prospective purchaser/lessee, with
				  the potential of influencing a buying/leasing decision. Therefore, the
				  obligation of a real estate licensee to obtain information as stated in Title
				  59, O.S., Section 858-513A(1) and (2) shall be performed in the following
				  manner:
(1) Purchaser/lessee must be
				in the process of making a bona fide offer.
(2) Licensee must receive request in writing
				from purchaser/lessee.
(3)
				Purchaser's/Lessee's written request must state that such factor is important
				to the decision of the purchaser/lessee.
(4) Licensee shall make inquiry of the owner
				by submitting the written request to the owner.
(5) Licensee shall report any findings to the
				purchaser/lessee with the consent of the owner.
(6) If the owner refuses to furnish
				information requested, the licensee shall so advise the
				purchaser/lessee.
(7) Further, if a
				purchaser/lessee is requesting information as to whether or not an occupant of
				the real estate is, or was at any time suspected to be infected, or has been
				infected with Acquired Immune Deficiency Syndrome, or any other disease which
				falls under the privacy laws, the information can only be obtained in
				accordance with the Public Health and Safety Statute, Title 63, O.S., 1988,
				Section
				1-502.2
				A.
Added at 8 Ok Reg 2071,
				  eff 7-1-91; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 22 Ok Reg 2177,
				  eff 7-1-05; Amended at 29 Ok Reg 1402, eff
				  7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 15 - Disclosures › Section 605:10-15-4 - Residential Property Condition Disclosure Act forms

Current through Vol. 41, No. 20, July 1, 2024
(a)
Development and amendment of
				forms.
In accordance with Oklahoma Statutes, Title 60, Section
				833
				the Commission shall develop and amend by rule the forms for the Residential
				Property Condition Disclosure Statement and Residential Property Condition
				Disclaimer Statement. Effective July 11, 2008 the disclosure statement is
				amended and all disclosure forms executed prior to July 11, 2008 will remain in
				force and valid until expiration of the 180 days from the date noted
				thereon.
(b)
Availability of
				forms.
The forms shall be available to the public upon request on and
				after July 1, 1995.
(c)
Copy
				of form format.
The Residential Property Condition Disclosure Statement
				as referenced in this section is set out in Appendix A at the end of this
				Chapter. The Residential Property Condition Disclaimer Statement as referenced
				in this section is set out in Appendix B at the end of this Chapter.
Added at 12 Ok Reg 1813,
				  eff 7-1-95; Amended at 16 Ok Reg 2561, eff 7-1-99; Amended at 20 Ok Reg 2563,
				  eff 7-11-03; Amended at 21 Ok Reg 39, eff 11-1-03 (emergency); Amended at 21 Ok
				  Reg 2467, eff 7-1-04; Amended at 26 Ok Reg 70, eff 9-18-08 (emergency); Amended
				  at 26 Ok Reg 2607, eff 7-11-09
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 17 - Causes for Investigation; Hearing Process; Prohibited Acts; Discipline › Section 605:10-17-1 - Commissions and disputes

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission shall not establish the rate of commissions to be charged for real
				estate services and shall have no interest therein.
(b) At its discretion, the Commission may
				dismiss or postpone any investigation or hearing which essentially involves a
				dispute not affecting the public interest until or unless such dispute is
				resolved.
(c) The Commission shall
				entertain a complaint against a broker charging a violation of subsection 18 of
				Section 858-312 of this "Code" only if the complaining licensee submits with
				his or her complaint evidence that a court of competent jurisdiction has ruled
				in his or her favor relative to the subject and awarded judgment against the
				broker.
Amended at 14 Ok Reg
				  3031, eff 7-11-97; Amended at 15 Ok Reg 3322, eff 7-13-98; Amended at 20 Ok Reg
				  2563, eff 7-11-03
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 17 - Causes for Investigation; Hearing Process; Prohibited Acts; Discipline › Section 605:10-17-2 - Complaint procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Complaint
				may be filed by public or Commission's own motion.
A complaint alleging
				misconduct on the part of a licensee or any person unlicensed pursuant to the
				Code who violates provisions of the Code may be filed by any person in writing
				on a form for such supplied by the Commission, or may be ordered by the
				Commission on its own motion. The Commission will accept a complaint alleging
				misconduct on a form not supplied by the Commission if such form is notarized
				by a notary public.
(b)
Complaint notification; licensee response.
When a complaint has
				been filed the licensee or unlicensed person pursuant to the Code shall be
				immediately notified and shall be required to file an adequate written response
				within fifteen (15) days of the notice.
(c)
Investigation and/or investigative
				session.
Subsequent to the fifteen (15) day answer period, the
				Commission may continue to investigate the complaint to ascertain whether or
				not charges should be lodged and a formal hearing ordered. Such investigation
				shall be under the supervision of the Secretary-Treasurer of the Commission. He
				or she may designate an attorney who will act as prosecutor for the Commission
				to examine any results of the investigation. The prosecutor so designated may
				in the name of the Commission subpoena witnesses, take testimony by deposition
				and compel the production of records and documents bearing upon the complaint.
(d)
Findings reported to
				Commission.
At the completion of the investigation, a written report
				accompanied by findings, if any, may be submitted to the Commission. Following
				receipt of the report, the Commission shall determine whether or not the
				apparent evidence warrants lodging formal charges and ordering a formal
				hearing, and if a formal hearing is ordered all parties shall then be furnished
				with copies of a written report accompanied by findings, if any.
Amended at 8 Ok Reg
				  2071, eff 7-1-91; Amended at 14 Ok Reg 3031, eff 7-11-97; Amended at 15 Ok Reg
				  3322, eff 7-13-98; Amended at 19 Ok Reg 2410, eff 7-1-02; Amended at 25 Ok Reg
				  1989, eff 7-1-08
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 17 - Causes for Investigation; Hearing Process; Prohibited Acts; Discipline › Section 605:10-17-5 - Substantial misrepresentation

Current through Vol. 41, No. 20, July 1, 2024
Substantial misrepresentation within the meaning of paragraph
				  2 of Section 858-312 of the "Code" includes, but is not limited to:
(1) The recommendation or use by a licensee
				of a fictitious or false instrument for the purpose of inducing any lender or
				Government Agency to loan or insure any sum of money.
(2) Failure to disclose to a buyer or other
				cooperative licensee or firm a known material defect regarding the condition of
				a parcel of real estate of which a broker or associate has knowledge.
(3) The use by a real estate broker of the
				name or trade name of a licensee whose license has been revoked or currently on
				suspension.
(4) Representing to any
				lender, guaranteeing agency or any other interested party, either verbally or
				through the preparation of false documents, an amount in excess of the true and
				actual sales price of the real property or terms differing from those actually
				agreed upon by the parties to the transaction.
Amended at 10 Ok Reg
				  2087, eff 7-1-93; Amended at 12 Ok Reg 1813, eff 7-1-95; Amended at 15 Ok Reg
				  3322, eff 7-13-98; Amended at 22 Ok Reg 2177, eff 7-1-05; Amended at 27 Ok Reg
				  1940, eff 7-1-10
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Subchapter 17 - Causes for Investigation; Hearing Process; Prohibited Acts; Discipline › Section 605:10-17-7 - Cessation of licensed activities upon loss of license

Current through Vol. 41, No. 20, July 1, 2024
(a) A revoked, suspended, cancelled,
				surrendered or lapsed licensee is prohibited from performing licensed
				activities upon the effective date of loss of license.
(b) A revoked or suspended licensee shall
				comply with Section
				605:10-17-6.
(c) A broker whose license was cancelled,
				surrendered or lapsed shall comply with Section
				605:10-13-1
				(m.)
Added at 12 Ok Reg 1813,
				  eff 7-1-95; Amended at 22 Ok Reg 2177, eff
				  7-1-05
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Appendix A - Residential Property Condition Disclosure Statement

Current through Vol. 41, No. 20, July 1, 2024
Click to View
				Image
Click to View
				Image
Click to View
				Image
Added at 12 Ok Reg 1813,
				eff 7-1-95; Revoked and reenacted at 16 Ok Reg 394, eff 1-1-99 (emergency) ;
				Revoked and reenacted at 16 Ok Reg 2561, eff 7-1-99; Revoked and reenacted at
				19 Ok Reg 2410, eff 7-1-02; Revoked and reenacted at 21 Ok Reg 39, eff 11-1-03
				(emergency) ; Revoked and reenacted at 21 Ok Reg 2467, eff 7-1-04; Revoked and
				reenacted at 25 Ok Reg 2584, eff 7-11-08; Revoked and reenacted at 27 Ok Reg
				1940, eff 7-1-10; Revoked and reenacted at 29 Ok Reg 1402, eff
				7-1-12
Oklahoma Administrative Code › Title 605 - Oklahoma Real Estate Commission › Chapter 10 - Requirements, Standards, and Procedures › Appendix B - Residential Property Condition Disclaimer Statement Form

Current through Vol. 41, No. 20, July 1, 2024
Click To View
				Image
Added at 12 Ok Reg 1813,
				eff 7-1-95; Revoked and reenacted at 20 Ok Reg 2563, eff
				7-11-03
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 1 - The Oklahoma State System of Higher Education › Section 610:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to describe the
				  organizational structure and method of operation of the Oklahoma State System
				  of Higher Education and the Oklahoma State Regents for Higher
				  Education.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 1 - The Oklahoma State System of Higher Education › Section 610:1-1-2 - 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 concept clearly indicates
				  otherwise:
"Higher education"
"...
include[s] all
				  education of any kind beyond or in addition to the twelfth grade or its
				  equivalent as that grade is now generally understood and accepted in the public
				  schools of the State of Oklahoma..."
[70 O.S., §3102(d)];"...
				  provided, however, that this shall not exclude as a constituent institution any
				  institution of higher learning which now offers as a part of its curriculum
				  courses of high school study.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 1 - The Oklahoma State System of Higher Education › Section 610:1-1-3 - State System institutions, constituent agencies, and community junior colleges

Current through Vol. 41, No. 20, July 1, 2024
(a) The following
				institutions are included in The Oklahoma State System of Higher Education:
(1) University of Oklahoma, Norman
(2) Oklahoma State University,
				Stillwater
(3) University of
				Central Oklahoma, Edmond
(4) East
				Central University, Ada
(5)
				Northeastern State University, Tahlequah
(6) Northwestern Oklahoma State University,
				Alva
(7) Southeastern Oklahoma
				State University, Durant
(8)
				Southwestern Oklahoma University, Weatherford
(9) Cameron University, Lawton
(10) Langston University, Langston
(11) Oklahoma Panhandle State University,
				Goodwell
(12) University of Science
				and Arts of Oklahoma, Chickasha
(13) Carl Albert State College,
				Poteau
(14) Connors State College
				of Agriculture and Applied Science, Wilburton
(15) Eastern Oklahoma State College,
				Miami
(16) Redlands Community
				College, El Reno
(17) Murray State
				College, Tishomingo
(18)
				Northeastern Oklahoma Agricultural and Mechanical College, Miami
(19) Northern Oklahoma College,
				Tonkawa
(20) Rose State College,
				Midwest City
(21) Rogers State
				University, Claremore
(22) Seminole
				State College, Seminole
(23)
				Oklahoma City Community College, Oklahoma City
(24) Tulsa Community College, Tulsa
(25) Western Oklahoma State College,
				Altus
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 1 - The Oklahoma State System of Higher Education › Section 610:1-1-4 - State Regents' internal organization; staff

Current through Vol. 41, No. 20, July 1, 2024
The State Legislature in 1941 vitalized Article XIII-A of the
				  Constitution, providing for the internal organization of the State Regents.
				  There are a chairman, vice-chairman, secretary and assistant secretary, all of
				  whom are elected annually by the membership of the State Regents. The law also
				  provides for office staff and for the furnishing of suitable permanent quarters
				  for the State Regents.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 1 - The Oklahoma State System of Higher Education › Section 610:1-1-5 - State Regents' office

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				work of the Oklahoma State Regents for Higher Education is defined by
				constitutional provision, state statute, or State Regents' policy delineating
				coordinating responsibility for the State System of Higher Education, including
				the areas of institutional functions, programs of study, standards of
				education, and finances.
(b) The
				State Regents' office is the administrative headquarters of the Oklahoma State
				Regents for Higher Education, the coordinating board of control of The Oklahoma
				State System of Higher Education, and its functions are:
(1) To execute State Regents' policies and
				programs.
(2) To gather information
				about the State System for State Regents' review and consideration relative to
				policymaking.
(3) To provide
				coordinating leadership at the state level in the general operation of the
				State System.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 3 - Student Advisory Board › Section 610:1-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma State Regents for Higher
				Education recognize the value of a formal structure for student input and a
				strengthened linkage to its most important constituency-students. Consequently,
				the State Regents have created a Student Advisory Board to assist the State
				Regents in enhancing their relationship with students. The creation of this
				board is consistent with provisions of House Bill No. 1801 of the 1988 Oklahoma
				Legislature [70 O.S., §3205.5 and 3205.6] which became effective November
				1, 1988.
(b) The purpose of the
				Student Advisory Board is to communicate to the State Regents the views and
				interests of all Oklahoma college and university students on those issues that
				relate to the constitutional and statutory responsibilities of the State
				Regents. In representing students, the Student Advisory Board shall combine the
				opinions of students with good sound research to develop the best proposals and
				recommendations for The Oklahoma State System of Higher Education.
Amended at 26 Ok Reg
				  1323, eff 5-25-09
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 3 - Student Advisory Board › Section 610:1-3-2 - Membership

Current through Vol. 41, No. 20, July 1, 2024
(a) The Student Advisory Board consists of
				seven members elected by delegates to the Oklahoma Student Government
				Association (O.S.G.A) at its annual meeting.
(b) Board members will be selected as
				follows:
(1) Two members will be elected at
				large to represent the comprehensive universities in The Oklahoma State System
				of Higher Education.
(2) Two
				members will be elected at large to represent the regional and senior
				universities in The Oklahoma State System of Higher Education.
(3) Two members will be elected at large to
				represent the community colleges in The Oklahoma State System of Higher
				Education.
(4) One member will be
				elected at large to represent the accredited independent colleges and
				universities in the state.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 3 - Student Advisory Board › Section 610:1-3-3 - Duties

Current through Vol. 41, No. 20, July 1, 2024
(a) So that members of the Student Advisory
				Board may adequately represent the views of other state students, each member
				will visit at least two other schools within the State System during his/her
				term of office. These other schools may not be under the same governing board
				as the institution that the member is attending. During these visits, the
				member should speak with student government leaders on important issues of
				student concern.
(b) The Student
				Advisory Board will serve as an avenue for the student community to express its
				opinions and interests to the State Regents.
(c) The Student Advisory Board will elect a
				chair at its first meeting following election to serve as its liaison to the
				State Regents' office.
(d) The
				chair will work with the State Regents' office through a staff liaison
				designated by the Chancellor.
(e)
				The Student Advisory Board will elect a vice-chair at its first meeting
				following election to take official minutes of the Student Advisory Board
				meetings, maintain a file of Student Advisory Board actions, and preside over
				Student Advisory Board meetings in the absence of the chair.
(f) Members of the Student Advisory Board
				will be called upon by the Chancellor to provide informal counsel and advice
				and to make presentations at public hearings, legislative meetings,
				etc.
(g) The Student Advisory Board
				will hold eleven (11) regular meetings each term excluding extraordinary,
				unforeseen circumstances which prevent holding a regular meeting.
(h) The Student Advisory Board, by a majority
				vote of its members, may submit recommendations to the State Regents on matters
				relating to the duties and responsibilities of the State Regents.
(i) Members of the Student Advisory Board are
				encouraged to attend all regularly scheduled meetings of the State Regents. The
				board's elected representative has speaking privileges at such meetings in
				accordance with State Regents' operating policy.
(j) Members of the Student Advisory Board are
				encouraged to attend student leadership retreats sponsored by the State
				Regents. Costs related to Student Advisory Board members attending State
				Regents sponsored student leadership retreats may be paid from the operating
				budget of the State Regents.
(k)
				The representative at the State Regents' meetings will be responsible for
				recognizing other members of the Student Advisory Board for the purposes of:
(1) Speaking on issues that concern students
				and relate to the State Regents' duties and responsibilities.
(2) Presenting recommendations that relate to
				the State Regents' duties and responsibilities.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 3 - Student Advisory Board › Section 610:1-3-4 - Guidelines for operation

Current through Vol. 41, No. 20, July 1, 2024
(a) The Student
				Advisory Board will operate under the provisions of 70 O.S., §§
				3205.5 and 3205.6.
(b) The Student
				Advisory Board will also operate under guidelines established by the Student
				Advisory Board and approved by the State Regents.
Oklahoma Administrative Code › Title 610 - State Regents for Higher Education › Chapter 1 - Administrative Operations › Subchapter 3 - Student Advisory Board › Section 610:1-3-5 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) A schedule of regular meetings of the
				Student Advisory Board will be filed annually with the Secretary of State and
				with the State Regents' office.
(b)
				A record of the Student Advisory Board meetings shall be kept on official file
				in the office of the State Regents.
(c) An individual designated by the
				Chancellor shall be invited to attend official meetings of the Student Advisory
				Board.