reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 25 - Transportation, Receipt, Installation and Disposal of Gaming Machines › Section 325:85-25-2 - Transportation of gaming machines into the state

Current through Vol. 41, No. 20, July 1, 2024
(a) A Gaming Machine is shipped or
				transported into the State when the starting point for shipping or transporting
				begins outside the State and the shipping or transporting terminates in the
				State.
(b) A licensed Manufacturer
				or Distributor shall ship or transport Gaming Machines into the State in a
				trailer, box truck, or other container which shall be locked and include a
				numbered shipping seal placed so the Gaming Machines shall not be accessed
				without breaking the seal.
(c) A
				licensed Manufacturer or Distributor shall transmit the following information
				to the Commission, prior to shipment or transport , on forms provided or
				approved by the Commission:
(1) the full
				name, address, and license number of the Person making the shipment;
(2) the method of shipment and the name of
				the carrier, if any;
(3) the full
				name, address, and license number of the Person to whom the Gaming Machines are
				being sent and the destination of the shipment, if different from the address;
(4) the number of Gaming Machines
				in the shipment;
(5) the serial
				number of each Gaming Machine;
(6)
				the model number and description of each Gaming Machine;
(7) the date the shipment will depart and the
				expected arrival date of the Gaming Machines at their destination within the
				State;
(8) the number of the
				shipping seal placed on the trailer, box truck, or container used for shipping
				or transport; and
(9) other
				information as required by the Commission.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 25 - Transportation, Receipt, Installation and Disposal of Gaming Machines › Section 325:85-25-3 - Delivery of gaming machines to gaming facilities

Current through Vol. 41, No. 20, July 1, 2024
(a) Gaming Facilities licensed by the
				Commission shall take delivery of Gaming Machines in the following manner :
(1) the number of the shipping seal shall be
				verified by a Commission Gaming Agent;
(2) the serial number of each Gaming Machine
				shall be compared with the list of serial numbers provided by the Manufacturer
				or Distributor and verified by a Commission Gaming Agent. A Gaming Machine with
				an incorrect serial number shall not be accepted into the facility;
(3) each verified Gaming Machine shall be
				placed on the Gaming Facility floor or in a storage area approved by the
				Commission until the facility is ready for installation;
(4) a Commission Gaming Agent shall affix a
				Commission permit/license decal upon each Gaming Machine before it is placed
				into service; and
(5) a Gaming
				Facility shall not exceed the number of Gaming Machines in service as provided
				in Section 262 of Title 3A of the Oklahoma Statutes.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 25 - Transportation, Receipt, Installation and Disposal of Gaming Machines › Section 325:85-25-4 - Transportation of gaming machines within the state

Current through Vol. 41, No. 20, July 1, 2024
(a) Manufacturers and Distributors who are licensed by the Commission and, subject to the limitations set forth in these rules, Racetrack Gaming Operators are authorized to transport Gaming Machines within the State. Gaming Machines shall be transported in a trailer, box truck, or other container which shall be locked and include a numbered shipping seal placed so the Gaming Machines shall not be accessed without breaking the seal.
(b) A licensed Manufacturer or Distributor or Racetrack Gaming Operator shall transmit the following information to the Commission, prior to transport, on forms provided or approved by the Commission:
(1) the full name, address, and license number of the Person transporting the Gaming Machine from its current location;
(2) the number of Gaming Machines being transported;
(3) the full name, address, and license number of the Person to whom the Gaming Machine is being sent and the destination of the Gaming Machine if different from that address;
(4) the name and address of the carrier and the method of transport;
(5) the model number, description, and serial number of the Gaming Machine;
(6) the number of the shipping seal placed on the trailer, box truck, or container used for shipping or transport;
(7) the date of transport and date of expected delivery; and
(8) other information as required by the Commission.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 25 - Transportation, Receipt, Installation and Disposal of Gaming Machines › Section 325:85-25-5 - Removal of gaming machines

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Manufacturers and Distributors shall remove Gaming Machines from the property
				of a Commission Licensed Gaming Facility under the following conditions:
(1) A list shall be provided indicating the
				manufacturer, model, serial number, and destination of each machine being
				removed;
(2) All controlled
				program software shall be removed from the machines. Software shall be returned
				to the proper entity upon receipt of a prepaid shipping label and shipped
				separately from machines;
(3)
				Machines shall be transported in a trailer, box truck, or other container which
				shall be locked and sealed. The removing entity shall provide a numbered
				shipping seal which shall be placed on the trailer, box truck, or other
				container in the presence of a Commission Gaming Agent; and
(4) Commission permit/ license decals shall
				be removed by a Commission Gaming Agent prior to loading of machines into a
				trailer, box truck, or container. The Commission Gaming Agent shall be present
				while machines are being loaded.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 25 - Transportation, Receipt, Installation and Disposal of Gaming Machines › Section 325:85-25-6 - On-site testing, installation and placement of gaming machines - including each player terminal and each game

Current through Vol. 41, No. 20, July 1, 2024
(a) All Gaming Machines - including each
				Player Terminal and each game - at a Gaming Facility shall be physically
				located as follows:
(1) in an area that is at
				all times monitored by the Racetrack Gaming Operator Licensee or a Gaming
				Employee to prevent access or play of the Gaming Machines by Persons under the
				age of 18;
(2) in an area that
				ensures that public access to the Gaming Machines is restricted to Persons
				legally entitled to play the Gaming Machines at the licensed premises; and
(3) in the sight and Control of
				the Racetrack Gaming Operator, Licensee or a Gaming Employee.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 25 - Transportation, Receipt, Installation and Disposal of Gaming Machines › Section 325:85-25-7 - Disposal of gaming machines

Current through Vol. 41, No. 20, July 1, 2024
(a) A Gaming Machine used or located at a
				Gaming Facility may be disposed of only with the Commission's approval and only
				if the manner of disposition makes the Gaming Machine incapable of use or
				operation. Any Person seeking to dispose of such Gaming Machine must notify the
				Commission in writing prior to disposal and provide the following information:
(1) the full name, address, and license
				number of the Person seeking to dispose of the Gaming Machine;
(2) the serial number of the Gaming
				Machine;
(3) the model number and
				description of the Gaming Machine;
(4) the Manufacturer of the Gaming
				Machine;
(5) the Gaming Machine
				License number;
(6) the Gaming
				Machine's hard meter readings;
(7)
				the location of the Gaming Machine;
(8) the proposed manner, time, and place of
				disposal; and
(9) any other
				information required by the Commission.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 85 - Gaming Machine Specifications and Use and Operation Requirements › Subchapter 27 - Requirements for Audits Performed by Gaming Agents › Section 325:85-27-1 - Daily and spot audits

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission, through its Gaming Agents or otherwise, is authorized to conduct a
				daily audit of gaming proceeds, drop count (which can include examination of
				full reports and records of specific machines as well as reports from the
				Racetrack Gaming Operator Licensee's Central Computer) and may also audit
				internal controls, surveillance procedures, audit procedures, compulsive
				gambling programs, and any other activities at the Gaming Facility. The
				Commission may further conduct full annual audits of gaming operations.
				Further, the Commission, through its Gaming Agents or otherwise, may conduct
				spot audits of games, machines, devices and the Central Computer
				system.
(b) Such audits shall be in
				addition to audits performed by the Commission and audits performed by the
				Office of the State Auditor and Inspector.
Added at 23 Ok Reg 1160,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2089, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2613, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 1 - General Provisions › Section 325:90-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Rules in this chapter provide requirements and procedures
				  for unresolved patron disputes and for compulsive gambling assistance plans
				  which include minimum standards, employee training and annual reporting
				  regarding compulsive gambling activities.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 1 - General Provisions › Section 325:90-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless otherwise defined below, terms used in this chapter
				  have the same meanings as set forth in the State-Tribal Gaming Act:
"Act"
means the State-Tribal Gaming Act enacted
				  by the people with passage of State Question 712.
"Authorized Games"
means Electronic Amusement
				  Games as defined in the Act, Electronic Bonanza-Style Bingo Games as defined in
				  the Act, Electronic Instant Bingo Games as defined in the Act, Compact
				  Electronic Games as defined in these Rules, and Non-Compact Electronic Games as
				  defined by these Rules.
"Commission"
means the Oklahoma Horse Racing
				  Commission.
"Executive director"
means the executive
				  director of the Commission.
"Gaming agent"
means a Commission agent trained
				  in machine gaming, responsible for on-site enforcement of the Act and these
				  rules and other regulatory responsibilities as assigned by the Executive
				  Director.
"Gaming employee"
means any employee of a
				  Racetrack Gaming Operator Licensee who works in any capacity within the
				  confines of the Gaming Facility.
"Gaming employee license"
means a license issued
				  to a Gaming Employee by the Commission.
"Gaming facility"
means that area within an
				  Organization Licensee's Racetrack Premises approved by the Commission that has
				  been set aside for the use of Authorized Games and related activities and
				  access to which is limited to patrons 18 years of age or older.
"Minor"
means any individual less than eighteen
				  (18) years of age.
"Organization license"
means a license issued by
				  the Commission which authorizes the licensee to conduct a race meeting in
				  Oklahoma and accept pari-mutuel wagers on the outcome of live and simulcast
				  horse racing.
"Organization licensee"
means any Person
				  receiving an Organization License issued by the Commission.
"Person"
means any individual, partnership,
				  corporation, or other association or entity.
"Racetrack gaming operator license"
means a
				  license issued by the Commission which authorizes an Organization Licensee to
				  conduct Authorized under the regulation, implementation and enforcement of the
				  Commission.
"Racetrack gaming operator licensee"
means any
				  Organization Licensee which has been issued a Racetrack Gaming Operator License
				  by the Commission.
"Racetrack premises"
means the property that is
				  owned or leased by the Organization Licensee that is used for racetrack
				  purposes.
"Rule"
means the Commission's
Rules for
				  Racetrack Gaming
.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 3 - Security and Surveillance Minimum Requirements › Section 325:90-3-2 - Security and Surveillance Logs

Current through Vol. 41, No. 20, July 1, 2024
(a) The Racetrack Gaming Operator Licensee
				shall maintain a surveillance log(s) approved by the Commission's Director of
				Law Enforcement. The log(s) shall be maintained by surveillance room personnel
				in the surveillance room. The Commission's Law Enforcement Division staff and
				other Commission staff authorized by the Director of Law Enforcement shall have
				access at all times to the log(s). A log(s) entry shall be made in the
				surveillance log(s) of each surveillance activity. The following information
				shall be recorded in the surveillance log(s):
(1) the names of all Persons entering or
				exiting the surveillance room;
(2)
				a summary, including the date and time each surveillance activity commenced and
				terminated;
(3) record of any
				equipment or camera malfunctions;
(4) description of the activity observed or
				performed; and
(5) any additional
				information as required by the Commission's Director of Law Enforcement or
				Gaming Agent.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 3 - Security and Surveillance Minimum Requirements › Section 325:90-3-3 - Storage and retrieval of surveillance recordings

Current through Vol. 41, No. 20, July 1, 2024
(a) All surveillance recordings shall be
				retained for at least seven days, unless these Rules provide otherwise, and
				shall be listed on a log by surveillance personnel with the date, times, and
				identification of the Person monitoring or changing the tape or other recording
				medium in the recorder. Original surveillance recordings will be released to
				the Commission's Law Enforcement Division upon demand.
(b) Any surveillance recording of illegal or
				suspected illegal activity shall, upon completion of the tape or other
				recording medium, be removed from the recorder and etched or otherwise labeled
				in a manner as approved by the Commission's Director of Law Enforcement with
				date, time and identity of surveillance personnel. The recordings shall be
				placed in a separate, secure area and notification given to the Commission's
				Law Enforcement Division.
(c) All
				surveillance recordings relating to the following shall be retained in a secure
				area approved by the Commission Director of Law Enforcement for at least 15
				days and shall be listed on a log maintained by surveillance personnel:
(1) all count room areas;
(2) the vault area;
(3) all credit and fill slip confirmation
				recordings; and
(4) any areas with
				cashiers or where the patrons go to cash out vouchers.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 3 - Security and Surveillance Minimum Requirements › Section 325:90-3-4 - Maintenance and testing

Current through Vol. 41, No. 20, July 1, 2024
The Racetrack Gaming Operator Licensee shall be responsible
				  to ensure that any malfunction of surveillance equipment shall be immediately
				  repaired or replaced with a working unit. If immediate replacement is not
				  possible, alternative live monitoring must be provided by the Racetrack Gaming
				  Operator Licensee's security personnel; otherwise, gaming in the unmonitored
				  area(s) of the Gaming Facility must be immediately ceased.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 3 - Security and Surveillance Minimum Requirements › Section 325:90-3-5 - Surveillance system compliance

Current through Vol. 41, No. 20, July 1, 2024
The Racetrack Gaming Operator Licensee shall have a
				  continuing duty to review its surveillance system plan to ensure the
				  surveillance system plan remains in compliance with provisions of the Act and
				  Commission Rules.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 3 - Security and Surveillance Minimum Requirements › Section 325:90-3-6 - Commission office

Current through Vol. 41, No. 20, July 1, 2024
The Racetrack Gaming Operator Licensee shall provide a
				  private on-site office for use by the Commission and its Gaming Agents with the
				  same surveillance monitoring capability as is available to the Racetrack Gaming
				  Operator Licensee's surveillance staff.
Added at 23 Ok Reg 2116,
				  eff 5-11-06 (emergency); Added at 23 Ok Reg 2640, eff
				  6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 5 - Unresolved Patron Disputes › Section 325:90-5-1 - Unresolved patron disputes

Current through Vol. 41, No. 20, July 1, 2024
(a)
				This Subchapter deals with disputes between the Racetrack Gaming Operator
				Licensee and a patron involving a game outcome, prize, fee paid or other aspect
				of a player's use of an Authorized Game. In the event a dispute arises with a
				patron and the dispute is not resolved to the patron's satisfaction within two
				(2) hours, the Racetrack Gaming Operator Licensee shall notify the patron that
				the patron has a right to contact a Gaming Agent regarding the dispute.
(b) A Racetrack Gaming Operator
				Licensee shall immediately notify the Gaming Agent if the Racetrack Gaming
				Operator Licensee refuses to pay alleged winnings to a patron and the Racetrack
				Gaming Operator Licensee and the patron are unable to resolve the dispute to
				the patron's satisfaction within two (2) hours. This notice, which shall be in
				writing, shall include the following information:
(1) The name, address and phone number of the
				patron.
(2) The nature of the
				dispute.
(3) The amount of money
				involved in the dispute.
(4) The
				number of machines involved and the name of the game involved.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 5 - Unresolved Patron Disputes › Section 325:90-5-2 - Compulsive Gambling Assistance Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) An applicant for a Racetrack Gaming
				Operator License must submit with the application a plan to address compulsive
				gambling in accordance with the requirements of these regulations for assisting
				in the prevention and education of compulsive gambling.
(b) No Racetrack Gaming Operator License
				application will be approved unless the Commission first approves the
				applicant's compulsive gambling assistance plan.
(c) Failure to implement the compulsive
				gambling assistance plan or to satisfactorily maintain and administer a plan
				once implemented will be grounds for suspension or revocation of the Racetrack
				Gaming Operator License, assessment of a fine, or both.
(d) A plan must meet or exceed the minimum
				standards set forth in these Rules. The development of such a plan by the
				applicant and the approval of a plan by the Commission are conditions of
				issuance of the original Racetrack Gaming Operator License. The maintenance of
				a plan, as approved by the Commission, is a condition of annual renewal of the
				license.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 5 - Unresolved Patron Disputes › Section 325:90-5-3 - Minimum standards for Compulsive Gambling Assistance Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The compulsive
				gambling assistance plan must include all of the following elements unless the
				applicant or Racetrack Gaming Operator Licensee obtains a written waiver of any
				element from the Commission:
(1)
				Identification of a plan manager or other Person responsible for ensuring that
				a plan is implemented and administered by the Racetrack Gaming Operator
				Licensee and monitored to maintain the minimum standards established by these
				rules;
(2) A mission statement that
				identifies the goals of the Racetrack Gaming Operator Licensee in administering
				a plan;
(3) Policies concerning the
				handling of compulsive gambling problems, commitment to training, intervention,
				the employee's role and duties, management's role and duties, and the patron's
				responsibilities;
(4) Procedures to
				determine appropriate intervention techniques in a given circumstance, and
				carrying out the intervention techniques;
(5) Printed materials to educate patrons
				about compulsive gambling and inform them of local and Statewide resources
				available to compulsive gamblers and their families. The materials may include
				signs and posters located inside the licensed premises and brochures discussing
				compulsive gambling issues and sources of treatment and information. A plan
				must also specify a source of the printed materials and proposed distribution
				methods;
(6) Policy and procedures
				that prohibit facilitating, participating in, or allowing the issuance of any
				loans or extension of credit to a patron for gaming purposes;
(7) A comprehensive Gaming Employee and
				on-site Key Executive training program satisfactory to the Commission,
				including training manuals and other materials necessary to educate employees
				about compulsive gambling issues; the training plan must include instruction in
				the psychology of the compulsive gambling, methods of recognizing compulsive
				gambling behavior, intervention techniques and other subjects as determined by
				the Commission;
(8) Completion and
				submission of a form certifying to the Commission's satisfaction that each
				employee required to obtain the training has done so within the time period
				specified by these Rules;
(9)
				Details of a follow-up training program to periodically reinforce employee
				training;
(10) Estimated costs for
				implementation and administration;
(11) Timetable and procedures for
				implementing the compulsive gambling assistance plan. A plan must be
				implemented no later than thirty (30) days from the date gaming commences on
				the licensed premises;
(12)
				Preventing gaming by Minors; and
(13) Any other policies and procedures
				designed to encourage responsible gaming that the applicant or Racetrack Gaming
				Operator Licensee wishes to include.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 5 - Unresolved Patron Disputes › Section 325:90-5-4 - Employee training regarding Compulsive Gambling Assistance Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The compulsive
				gambling assistance plan must be designed with employee training and education
				as fundamental aspects of a plan. The purpose of the training is to develop
				awareness of compulsive gambling and to provide resources to assist the
				employee in handling compulsive gambling issues.
(b) The employee training program must
				include training and materials on the following topics:
(1) characteristics and symptoms of
				compulsive gambling behavior;
(2)
				prevalence of compulsive gambling in the general population;
(3) relation of compulsive gambling to other
				addictions;
(4) social costs of
				compulsive gambling, such as indebtedness, costs for treatment, suicide,
				criminal behavior, lost jobs, and counseling for family problems;
(5) identification of vulnerable populations,
				including women, low-income patrons, the elderly and Persons who abuse drugs
				and alcohol;
(6) intervention
				techniques to be employed where a compulsive gambling problem is identified or
				suspected; and
(7) assistance and
				referral programs, including specific resources and training on how to discuss
				compulsive gambling with a patron and give advice concerning access to
				available services.
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 5 - Unresolved Patron Disputes › Section 325:90-5-5 - Annual report regarding Compulsive Gambling Activities

Current through Vol. 41, No. 20, July 1, 2024
Each Racetrack Gaming Operator Licensee must submit to the
				  Commission, initially six months following the commencement of gaming
				  activities and thereafter by March 31 annually, a report detailing the
				  Racetrack Gaming Operator Licensee's compulsive gambling activities for the
				  previous calendar twelve month period ending December 31.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 325 - Oklahoma Horse Racing Commission › Chapter 90 - Gaming Operations › Subchapter 7 - Smoking Regulations › Section 325:90-7-1 - Requirements for smoking in Gaming Facility

Current through Vol. 41, No. 20, July 1, 2024
The gaming areas of the premises of an Organization Licensee
				  and, except for the off-track wagering facilities specified in Section 205. 6a
				  of Title 3A of the Oklahoma Statutes, the areas where simulcast wagering is
				  conducted by an Organization Licensee shall not be subject to the provisions of
				  Section 1247 of Title 21 of the Oklahoma Statutes or to the provisions of the
				  Smoking in Public Places and Indoor Workplaces Act (FNI) if the following
				  conditions are met:
(1) Each gaming or
				simulcast area in which smoking is permitted shall be fully enclosed, directly
				exhausted to the outside, under negative air pressure so smoke cannot escape to
				nonsmoking areas when a door is opened, and no air from a smoking area is
				recirculated to nonsmoking areas of the building; and
(2) No exhaust from such gaming or simulcast
				area shall be located within twenty-five (25) feet of any entrance, exit, or
				air intake.
Added at 23 Ok Reg 1191,
				  eff 4-6-05 (emergency); Added at 23 Ok Reg 2116, eff 5-11-06 (emergency); Added
				  at 23 Ok Reg 2640, eff 6-25-06
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the Administrative Procedures Act, 75 O. S., Section 250, et
				  seq. The Oklahoma Housing Finance Agency ("OHFA") is an agency of the state and
				  an Oklahoma Public Trust created pursuant to Title 60 Oklahoma Statutes 1981,
				  Sections
				  176
				  to
				  180.3,
				  inclusive, as amended and supplemented, the Oklahoma Trust Act, and other
				  applicable statutes and laws of the State of Oklahoma. OHFA operates pursuant
				  to said statutes and laws and in accordance with its Second Amended Trust
				  Indenture dated as of the 4th day of September, 1986 (the "Trust Indenture"),
				  and its Bylaws dated as of the 14th day of July, 1975 (the "Bylaws"), as
				  amended and as same may be amended. The Trust Indenture provides that the
				  Trustees of OHFA shall carry out the provisions of said Trust
				  Indenture.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-2 - General organization

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
OHFA is organized in accordance with Articles II and IV
				of the Amended Trust Indenture and in the Bylaws of OHFA, to effectively carry
				out the policies of OHFA. The affairs, business and property of OHFA are
				managed by the duly appointed Trustees in accordance with the provisions of
				Article VI of the Amended Trust Indenture. Pursuant to the Trust Indenture and
				Bylaws of OHFA, the officers of OHFA are a Chairman, Vice-Chairman, Secretary
				and a Treasurer, whose duties shall be fulfilled in conformity with the
				provisions of the Amended Trust Indenture and the Bylaws of OHFA and the
				positions of Secretary and Treasurer may be united in one person.
(b)
Committees.
Pursuant to the
				Trust Indenture and Bylaws, at any meeting of the Trustees, the Trustees may
				appoint such committees as may be deemed necessary or advisable to assist in
				the operation and supervision of OHFA, and a Trustee must serve as chairperson
				of any committee appointed, but professional and lay persons may be appointed
				to membership on said committees, if deemed advisable by the
				Trustees.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-3 - Oklahoma Housing Finance Agency files

Current through Vol. 41, No. 20, July 1, 2024
All official acts of the Trustees, and all meetings of the
				  Trustees, shall be evidenced by a complete and accurate written record, in
				  accordance with the Oklahoma Open Meeting Act. All final orders, decisions,
				  opinions, rules, minutes and other written statements of policy or
				  interpretations formulated, adopted, or used in the discharge of the function
				  of the Trustees shall be considered public records and available for public
				  inspection at the offices of OHFA, upon written request, during its regular
				  business hours.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-4 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
Meetings of the Trustees will be held in accordance with the
				  Oklahoma Open Meeting Act, at least quarterly, at the State Capitol Building or
				  at such other place or places within the State of Oklahoma, as the Trustees may
				  from time to time designate. Notice of all regular quarterly meetings of the
				  Trustees shall be made in conformity with the Oklahoma Open Meeting Act. In
				  addition to the Secretary of State, notice shall be given to each Trustee, the
				  Capitol News Corps, the Legislative Advisory Committee and the Governor at
				  least ten (10) days in advance of each regularly-scheduled
				  meeting.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-5 - Special meetings

Current through Vol. 41, No. 20, July 1, 2024
Special meetings may be called at any time by the Chairman or
				  by any two (2) Trustees. Notice of all special meetings of the Trustees shall
				  be given to the Secretary of State, each Trustee, the Capitol News Corps, the
				  Legislative Advisory Committee and the Governor at least forty-eight hours
				  prior to said meeting by service of the same by telegram, telephone, in
				  writing, or by person; provided, however, that any notice of any meeting of the
				  Trustees wherein it is proposed to alter, change or rescind any Bylaws or any
				  portion of the Trust Indenture, shall be given at least ten (10) days in
				  advance thereof, and the notice shall set forth the proposed alteration, change
				  or rescission.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-6 - Notices and requests for information

Current through Vol. 41, No. 20, July 1, 2024
Any person requesting notice of meetings of the Trustees or
				  wishing to obtain information relating to the policies of OHFA may do so by
				  writing to: Oklahoma Housing Finance Agency, 1140 Northwest 63rd, Suite 200,
				  Oklahoma City, Oklahoma 73116. Submissions for information or requests for
				  action by OHFA should be in writing.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 1 - General Provisions › Section 330:1-1-7 - Informal statements

Current through Vol. 41, No. 20, July 1, 2024
Official action of the Trustees shall not be bound or be
				  prejudiced by any informal statement made or opinion given by the Trustees or
				  employees of OHFA.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-1 - How initiated

Current through Vol. 41, No. 20, July 1, 2024
Proceedings for the promulgation, adoption, repeal or
				  revision of rules, statements of policy and regulation shall be initiated by
				  the Trustees. These proceedings shall be in conformity with the Oklahoma
				  Administrative Procedures Act, 75 O. S. § 250, et seq. (the
				  "APA").
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-2 - Notice

Current through Vol. 41, No. 20, July 1, 2024
General notice of not less than twenty (20) days prior to the
				  adoption, amendment, or repeal of any rule, statement of policy, or regulation
				  shall be given by mail to all persons who have made timely request for advance
				  notice of such proceedings, and shall also be published in The Oklahoma
				  Register. Provided, however, if it is found that there are compelling
				  extraordinary circumstances, or there is imminent peril to the preservation of
				  the public health, safety or welfare, a rule may be adopted upon fewer than
				  twenty (20) days notice, in conformity with the applicable provisions of the
				  APA. The adoption of any rule by emergency does not preclude the passage of an
				  identical rule under the normal rule making procedures. The sufficiency of the
				  reasons for the finding of imminent peril to the public health, safety or
				  welfare, or other compelling circumstances, shall be subject to judicial
				  review.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-3 - Opportunity to be heard

Current through Vol. 41, No. 20, July 1, 2024
All interested persons shall be afforded a reasonable
				  opportunity to participate in the rule making through submission of written
				  data, views, or arguments. Oral argument thereon shall be granted if requested
				  in writing by not less than twenty-five persons, by a government subdivision or
				  agency, or by an association having not less than twenty-five members. Oral
				  argument may be otherwise presented at the discretion of the
				  Trustees.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-4 - Adoption of rules

Current through Vol. 41, No. 20, July 1, 2024
The Trustees shall consider fully all written and oral
				  submissions respecting the proposed rule prior to the adoption thereof. Prior
				  to the final adoption of any rule, the Trustees shall consider the effect its
				  intended action may have on the various types of business entities, and
				  consider the effect its intended action may have on the various types of
				  consumer groups. If the Trustees find that their actions may adversely affect
				  such groups, the Trustees may modify its actions to exclude that type of
				  activity. All submissions and considerations shall become part of the public
				  record and shall be maintained in accordance with
				  330:1-1-3.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-5 - Filing and publication

Current through Vol. 41, No. 20, July 1, 2024
Rules, statements of policy and regulations shall be filed
				  with the Speaker of the House of Representatives, President Pro Tempore of the
				  State Senate, Secretary of State, the Director of the Oklahoma Department of
				  Libraries (the "Director"), the Administrative Rule Review Committee, and any
				  other parties as required by the provisions of the APA and the Administrative
				  Rules on Rulemaking of the Director. Publication shall be made in The Oklahoma
				  Register in accordance with the APA. Copies of all rules, statements of policy
				  and regulations promulgated shall be made indexed and available for inspection
				  at the offices of OHFA to any interested person requesting
				  same.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-6 - Effective date

Current through Vol. 41, No. 20, July 1, 2024
Finally adopted rules, amendments, or repeals of rules shall
				  become effective twenty (20) days after publication in The Oklahoma Register,
				  except where a later date is required by law, or is specified in the rule.
				  Provided, however, emergency rules shall become effective immediately upon
				  certification by the Governor. Any such emergency rule shall be published in
				  The Oklahoma Register next published after certification of said emergency
				  rule.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-7 - Petitions respecting rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements.
Any interested
				person may petition OHFA for the promulgation, amendment, or repeal of a rule.
				The petition shall set forth, in writing, the following information:
(1) name and address of the person or entity
				requesting the action;
(2) if an
				existing rule is effected, the petition should set out the existing rule in
				total, with new language underscored and striking out old language; new
				language should follow the language it replaces;
(3) if a new rule is proposed, proposed
				language for said rule should be set out; and
(4) an analysis of the new rule, amendment,
				or revocation, including but not limited to:
(A) the statute, Trust Indenture, or other
				governing instrument which the rule interprets;
(B) any related statute or rule;
(C) any court decisions or Attorney General's
				opinions, or other explanatory material (all material must be clearly
				referenced as to source and authorities); and
(D) a description of the classes of persons
				who most likely will be affected by the rule, amendment, or
				revocation.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 3 - Rule Making Procedures › Section 330:1-3-8 - Declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
(a)
Request contents.
The Trustees may honor requests from interested
				persons for interpretative opinions as to the applicability of any rule or
				order, if it be shown that an actual case, controversy, or issue is in
				contemplation and that unreasonable hardship, loss or delay would result if the
				matter were not determined in advance. The request should set forth the
				following information:
(1) the name and
				address of the person or entity requesting the declaratory ruling;
(2) the full text of the rule
				involved;
(3) the basis for
				requesting the declaratory ruling, including the basis for contesting the
				validity of the rule, if applicable; and
(4) any court cases, Attorney General's
				opinions, or other explanatory material supporting the position of the person
				or entity seeking the ruling.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-1 - Setting hearings

Current through Vol. 41, No. 20, July 1, 2024
The Trustees may hold hearings on any matters within their
				  jurisdiction under the Trust Indenture, or 60 O. S. § 176, et seq., either
				  upon their own motion or upon written request there for by any person aggrieved
				  by any act, threatened act, or failure to act of the Trustees or by any report,
				  regulation, rule or order of the Trustees. The written request for hearing
				  should specify the grounds to be relied upon as a basis for relief requested at
				  the hearing and include the information set forth in
				  330:1-3-8.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-2 - Time of hearing

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt of a written request for a hearing, the Trustees
				  shall either set down the matter for hearing within thirty (30) days from the
				  receipt of the request therefor or shall issue a written order denying
				  hearing.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-3 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
Notice of all hearings shall be given not less than ten (10)
				  days in advance thereof to all persons directly affected by such hearing, but
				  for good cause shown, any hearing may be rescheduled, provided all persons
				  entitled to notice of such hearing are promptly advised
				  thereof.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-4 - Contents of notice

Current through Vol. 41, No. 20, July 1, 2024
The notice of hearing shall contain the following
				  information:
(1) The time and place of
				hearing;
(2) A statement of the
				matters to be considered thereat;
(3) A statement of the legal authority and
				jurisdiction under which the hearing is to be held;
(4) A short plain statement of the matters
				asserted. If such statement of the issues is not sufficient, upon application a
				more definite and detailed statement will be furnished;
(5) A reference to the particular sections of
				the Trust Indenture and/or any applicable rules involved.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-5 - Hearing to be open

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be open to the public, in accordance with
				  the requirements of the Oklahoma Open Meeting Act.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-6 - Right to counsel

Current through Vol. 41, No. 20, July 1, 2024
Any person affected by the hearing shall have the right to
				  appear in person and by counsel, provided, however, that such counsel
				  representing the party must be duly licensed to practice law by the Supreme
				  Court of Oklahoma and may be present during the giving of evidence, may have a
				  reasonable opportunity to examine and inspect all documentary evidence, may
				  examine and cross-examine witnesses and may present evidence in his client's
				  behalf.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-7 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
The formal rules of pleading and evidence need not be
				  observed; however, effect shall be given to the rules of privilege recognized
				  by the laws of the State of Oklahoma. Documentary evidence may be received in
				  the form of copies or excerpts if the original is not readily available, and
				  upon request a party shall be given an opportunity to compare the copy with the
				  original. Notice may be taken of judicially cognizable facts and of generally
				  recognized technical or scientific facts within the specialized knowledge of
				  the Trustees. The Trustees' experience, technical competence and specialized
				  knowledge shall be utilized in the evaluation of evidence. Objections to
				  evidentiary offers shall be allowed and noted on the record.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-8 - Transcript of hearing

Current through Vol. 41, No. 20, July 1, 2024
Upon written request seasonably made by any person affected
				  by the hearing, and at such person's expense, a full stenographic record of the
				  proceedings shall be made by a competent court reporter. When a transcription
				  thereof shall be made a part of the records of OHFA, any other person having a
				  direct interest therein shall be furnished with a copy of such stenographic
				  record at his expense, if so requested.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 1 - Rules of Administrative Procedure › Subchapter 5 - Hearing Practices and Procedures › Section 330:1-5-9 - Contents of record

Current through Vol. 41, No. 20, July 1, 2024
The record in any hearing shall include the following:
(1) All pleadings, motions and intermediate
				rulings;
(2) All evidence received
				or considered, including a statement of matters officially noted;
(3) Questions or offers of proof, objections
				and rulings thereon;
(4) Proposed
				findings and exceptions; and
(5)
				The decision, opinion, report or order of the Trustees.