reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-3 - Hearing officer

Current through Vol. 41, No. 20, July 1, 2024
A hearing officer, designated by the Director, shall preside
							over the hearings. The functions of the hearing officer shall commence upon
							his/her designation and terminate upon the certification of the record to the
							Director. The presiding officer shall have the duty to conduct a fair hearing,
							to take all necessary action to avoid delay, and to maintain order. He/She
							shall have all powers necessary to these ends, including, but not limited
							to:
(1) Arrange and change the date,
						time and place of hearings and prehearing conferences and issue notice
						thereof.
(2) Hold conferences to
						settle, simplify or determine the issues in a hearing, or to consider other
						matters that may aid in the expeditious disposition of the hearing.
(3) Require parties to state their position
						in writing with respect to the various issues in the hearing and to exchange
						such statements with all other parties.
(4) Examine witnesses and direct witnesses to
						testify.
(5) Receive, rule on,
						exclude or limit evidence.
(6) Rule
						on procedural items pending before him/her.
Amended at 12 Ok Reg
							2833, eff 7-15-95
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-4 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
The hearing officer for a hearing on the limitation,
							conditioning, denial, suspension or revocation of a registration, and/or the
							assessment of a fine on his/her own motion or on the motion of any party for
							good cause shown, may direct all parties to appear at a specified time and
							place for a conference for:
(1) The
						simplification of issues.
(2) The
						possibility of obtaining stipulations, admission of facts and
						documents.
(3) The possibility of
						limiting the number of expert witnesses.
(4) The identification and, if practicable,
						the scheduling of all witnesses to be called.
(5) The advance submission at the prehearing
						conferences of all documentary evidence and affidavits to be marked for
						identification.
(6) Such other
						matters as may aid in the expeditious disposition of the hearing.
Amended at 12 Ok Reg
							2833, eff 7-15-95
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-5 - Prehearing ruling

Current through Vol. 41, No. 20, July 1, 2024
The hearing officer may have the prehearing conference
							described in
							475:1-5-4
							reported verbatim and shall make a ruling reciting the action taken at the
							conference, the agreements made by the parties, the schedule of witnesses, and
							a statement of the issues for hearing. Such ruling shall control the subsequent
							course of the hearing unless modified by a subsequent ruling.
Amended at 12 Ok Reg
							2833, eff 7-15-95
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-6 - Submission and receipt of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) The hearing officer may allow evidence at
						a hearing or pre-hearing conference that is competent, relevant, material and
						not unduly repetitious.
(b) Opinion
						testimony shall be admitted when the hearing officer is satisfied that the
						witness is properly qualified.
(c)
						Authenticity of all documents submitted in advance shall be deemed admitted
						unless objection thereto is filed with the hearing officer, except that a party
						will be permitted to challenge such authenticity at a later time upon showing
						of good cause for failure to have filed such written objection.
(d) Samples, if otherwise admissible into
						evidence, may be displayed at the hearing and may be described for purposes of
						the record or may be admitted into evidence as exhibits.
(e) Where official notice is taken or is to
						be taken of a material fact not appearing in the evidence of record, any party,
						on timely request, shall be afforded opportunity to controvert such
						fact.
(f) The hearing officer shall
						file as exhibits copies of the following documents:
(1) The order to show cause or notice of
						hearing.
(2) Any waiver of
						hearing.
(3) The prehearing ruling,
						if any.
(4) Any other document
						necessary to show the basis for the hearing.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-7 - Official transcript; index; corrections

Current through Vol. 41, No. 20, July 1, 2024
Testimony given at a hearing shall be recorded. The Director
							will make provision for a record of the testimony and for such copies of the
							transcript thereof as he/she requires for his/her own purposes. Any party
							desiring a copy of the testimony and exhibits taken at the hearing or of any
							part thereof shall be entitled to the same upon written request to the Office
							of General Counsel of the OBN and upon payment of the costs thereof. Any party
							desiring a stenographic record of the testimony, at their own expense, may
							provide the services of a licensed or certified shorthand reporter to obtain an
							official record of a hearing.
Amended at 24 Ok Reg
							2735, eff 8-11-07
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-8 - Proposed findings of fact and conclusions of law

Current through Vol. 41, No. 20, July 1, 2024
Any party to the hearing may file proposed findings of fact
							and conclusions of law within the time fixed by the hearing officer. Any party
							so filing shall also serve one copy of their proposed findings and conclusions
							upon each other party to the hearing.
Amended at 12 Ok Reg
							2833, eff 7-15-95
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-9 - Report and record

Current through Vol. 41, No. 20, July 1, 2024
(a) As soon as practicable after the time for the parties to file proposed findings of fact and conclusions of law has expired, the hearing officer shall prepare a report containing the following:
(1) His/Her findings of fact and conclusions of law with the reasons therefor.
(2) His/Her recommendation.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-9 - Report and record

Current through Vol. 41, No. 20, July 1, 2024
(a) As
						soon as practicable after the time for the parties to file proposed findings of
						fact and conclusions of law has expired, the hearing officer shall prepare a
						report containing the following:
(1) His/Her
						findings of fact and conclusions of law with the reasons therefor.
(2) His/Her recommendation.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-10 - Final order

Current through Vol. 41, No. 20, July 1, 2024
As soon as practicable after the hearing officer has
							certified the record to the Director, as required in
							475:1-5-9, the Director shall
							issue his/her order in the proceeding, which shall set forth the final rule or
							decision and the findings of fact and conclusions of law upon which the rule or
							decision is based. This order shall specify the date on which it shall take
							effect, which shall not be less than thirty (30) days from the date of the
							order unless the Director finds that emergency conditions exist necessitating
							an earlier effective date, in which event the Director shall specify in the
							order his/her findings as to such conditions. Any reportable action taken as
							the result of a Final Order from a hearing or an Agreed Order shall be reported
							to the National Practitioner Data Bank pursuant to
45 CFR §
											60.1 et seq
.
Amended at 12 Ok Reg
							2833, eff 7-15-95
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-11 - Surrender of Registration in Lieu of Administrative Action

Current through Vol. 41, No. 20, July 1, 2024
(a) Any registrant of the OBN may surrender the registration in lieu of or in addition to administrative action at any time before such action is taken. In such a case, the registrant will waive the right to reapply for an OBN registration for a period of six (6) months from the effective date of the surrender. In such case, the OBN Director may approve or deny any application from the registrant following this six (6) month period based on the impact issuing the requested registration may have on the general public safety. A surrender of an OBN registration made in lieu of further administrative action shall be reported to the National Practitioner Data Bank pursuant to
45 CFR §
											60.1  et seq
, if required.
(b) In the event a registration is revoked, suspended, or surrendered, either voluntarily or following administrative action, the registrant may not, at any time, utilize the registration of another individual and/or institution. Any effort to utilize the registration of another may be considered an unlawful dispensation, administration, distribution, and/or prescription of a controlled dangerous substance as set forth under Title 63 of the Oklahoma Statutes.
(c) For registered businesses, any owner, manager, board member, officer, legal counsel, or other specifically designated and disclosed representative may surrender the applicable registration on behalf of the registered business.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-11 - Surrender of Registration in Lieu of Administrative Action

Current through Vol. 41, No. 20, July 1, 2024
(a) Any registrant of the OBN may surrender the registration in lieu of administrative action at any time before such action is taken. In such a case, the registrant will waive the right to reapply for an OBN registration for a period of six (6) months from the effective date of the surrender. In such case, the OBN Director may approve or deny any application from the registrant following this six (6) month period based on the impact issuing the requested registration may have on the general public safety. A surrender of an OBN registration made in lieu of further administrative action shall be reported to the National Practitioner Data Bank pursuant to
45 CFR §
											60.1  et seq
, if required.
(b) In the event a registration is revoked, suspended, or surrendered, either voluntarily or following administrative action, the registrant may not, at any time, utilize the registration of another individual and/or institution. Any effort to utilize the registration of another may be considered an unlawful dispensation, administration, distribution, and/or prescription of a controlled dangerous substance as set forth under Title 63 of the Oklahoma Statutes.
Added at 24 Ok Reg 2735,
							eff 8-11-07; Amended at 29 Ok Reg 1311, eff
							6-25-12
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-12 - Service in administrative proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any written order or notice of hearing, other than an immediate suspension order, shall be primarily served by one of the following methods:
(1) Personal delivery to the respondent at the last known registered address provided to the Bureau or to the registered agent of the respondent or to the attorney of record of the respondent, in any manner authorized by the law of this State for the personal service of summons.
(2) Certified mail, return receipt requested, to the last known mailing address of the respondent or to the registered agent of the respondent or to the attorney of record of the respondent.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-13 - Request for hearing and default

Current through Vol. 41, No. 20, July 1, 2024
(a) A request for a hearing shall be submitted in writing, on a form prescribed by the OBN. This form is available at the Bureau's principal place of business located at 419 NE 38 th Terrace, Oklahoma City, OK 73105 or online at
www.obndd.ok.gov
. Hearing requests may only be submitted in person or by mail to the Bureau's principal place of business. Hearing requests submitted other than in person or by mail on the prescribed form shall not be accepted. Hearing requests must be made within thirty (30) calendar days of the date of issuance of the written order, not inclusive of the day of issuance of the written order. Hearing requests made or postmarked after the deadline for requesting a hearing will not be granted. The Request for Hearing Form shall be addressed to the Oklahoma Bureau of Narcotics, Legal Division, 419 NE 38 th Terrace, Oklahoma City, OK 73105.
(b) Any respondent who fails to appear, after requesting a hearing, will be determined to have waived the right to appear and present a defense. All allegations of fact shall be deemed admitted and the written order providing notice of the violations shall become the Final Order by default. Notice of taking default shall not be required.
(c) Respondents who are entities must appear in any administrative proceeding through an attorney licensed to practice law in the State of Oklahoma. Any timely request for hearing by an entity shall be accompanied by an Entry of Appearance by a licensed attorney of the State of Oklahoma. A template Entry of Appearance Form is available online at
www.obndd.ok.gov
for download but is not required to be used. If no attorney enters their appearance in the administrative proceeding within ten (10) business days following the request for hearing, the respondent will be determined to have waived the right to a hearing and present a defense. Any respondent who fails to appear, after requesting a hearing, will be determined to have waived the right to appear and present a defense. All allegations of fact shall be deemed admitted and the written order providing notice of the violations shall become the Final Order by default. Notice of taking default shall not be required.
(d) Only the registrant or the registrant's legal representative may request a hearing on behalf of the registrant. For registered businesses, only the owner(s), manager(s), board member(s), officer(s), legal counsel(s), or other specifically designated and disclosed representative(s) may request a hearing on behalf of the registered business.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-14 - Discovery in administrative proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a) Disclosure of Evidence by the Bureau.
(1) Upon written request of the respondent, the Bureau shall disclose the following:
(A) The name and addresses of witnesses which the prosecuting attorney intends to call at the hearing, together with a statement identifying which allegations of fact each witness may possess relevant knowledge.
(B) Any books, papers, documents, photographs, or tangible objects which the prosecuting attorney intends to use in the hearing.
(C) Administrative reports made for the enforcement of regulatory functions. The Bureau, in its discretion, may not include criminal investigative reports associated with the administrative action.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter specify the requirements to be met in
						order to obtain an OBN registration; list exceptions to obtaining such a
						registration; explain requirements for a scientific research registration; and
						exempts the Native American Church from registration for possession of
						peyote.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-2 - Time and method of payment of registration fees

Current through Vol. 41, No. 20, July 1, 2024
Registration and re-registration fees shall be paid at the time
						when the application for registration or re-registration is submitted for
						filing.
Amended at 29 Ok Reg 1312,
						eff 6-25-12
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-3 - Exemption from registration or payment of fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director may exempt from payment of a
					fee for registration or re-registration any agency of the United States, the
					State of Oklahoma, or any political subdivision or agency thereof, which is
					authorized to purchase controlled dangerous substances, to obtain such
					substances from official stocks, to dispense or administer such substances, to
					conduct scientific research, institutional instructional activities, or
					analytical laboratory activities with such substances or any combination
					thereof, in the course of official duties (e.g., city, county, state, or
					governmental institutions duly licensed by appropriate state agencies). A fee
					exemption must be requested at the time of application submission. If a fee
					exemption is not requested at the time of application submission, and payment
					is submitted with the application, no refund shall be given.
(b) The Director may exempt from registration
					the following persons:
(1) Any official,
					employee, or officer of any agency of the United States, State of Oklahoma, or
					political subdivision or agency thereof, who is authorized to purchase
					controlled dangerous substances, to obtain such substances from official
					stocks, to dispense or administer such substances, to conduct scientific
					research, institutional instructional activities, or analytical laboratory
					activities with such substances, to possess such substances or any combination
					thereof, in the course of his/her official duties or employment.
(2) Such persons shall be deemed agents of
					their respective agencies, provided that their professional handling of
					controlled dangerous substances are confined to the agency of their specific
					place of official duties or employment [e.g., practitioners limited to practice
					with such official agency, pharmacies, or drug departments limited to
					dispensing of controlled dangerous substances to inpatients only of their
					respective institutions, registered nurses, and others as defined in 63
					Okl.St.Ann. § 2-302].
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-5 - Exemptions of agents and employees

Current through Vol. 41, No. 20, July 1, 2024
The following persons shall not be required to register and may lawfully possess controlled dangerous substances in the performance of their official duties under the provisions of the Act:
(1) An agent, or employee thereof, of any registered manufacturer, distributor, dispenser and/or user for scientific purposes of any controlled dangerous substances if such agent is acting in the usual course of his/her business or employment.
(2) Interns or residents of teaching hospitals shall not be required to register and may administer, dispense, and/or prescribe controlled dangerous substances provided that:
(A) All prescriptions issued by such interns or residents for outpatients shall be countersigned by a physician licensed by the physician's appropriate State of Oklahoma licensing board and shall bear such physician's personal designated hospital code number.
(B) Such intern or resident is so authorized by the hospital and is acting only within the scope of his/her employment within the teaching hospital.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-5 - Exemptions of agents and employees

Current through Vol. 41, No. 20, July 1, 2024
The following persons shall not be required to register and
						may lawfully possess controlled dangerous substances in the performance of
						their official duties under the provisions of the Act:
(1) An agent, or employee thereof, of any
					registered manufacturer, distributor, dispenser and/ or user for scientific
					purposes of any controlled dangerous substances if such agent is acting in the
					usual course of his/her business or employment.
(2) An individual physician who is a resident
					or staff physician of a licensed or otherwise-authorized hospital shall not be
					required to register in order to administer, prescribe, or dispense controlled
					dangerous substances in the usual course of his/her professional practice,
					while acting within the scope of his/her employment in the hospital, provided
					that:
(A) Such resident or staff physician is
					authorized to carry on the respective activities under the laws of the State of
					Oklahoma by their appropriate State of Oklahoma licensing board.
(B) The hospital by whom he/she is employed
					has verified that the individual physician is so licensed by the appropriate
					State of Oklahoma licensing board.
(C) Such administering, prescribing, and/ or
					dispensing is confined solely to inpatients or outpatients of the hospital by
					which the individual physician is employed.
(D) All prescriptions and records relating to
					controlled dangerous substances administered, dispensed, or prescribed to
					inpatients or outpatients shall reflect the designated specific internal
					hospital code number given to each resident or staff physician so authorized by
					the hospital pursuant to
					475:25-1-18 and Title 21 Code of
					Federal Regulations, § 1301.22(C)(5) and (6).
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-6 - Exempted persons engaging in private activities

Current through Vol. 41, No. 20, July 1, 2024
If any person exempted by this Chapter also engages, or
						proposes to engage, as a private individual in any activities for which
						registration is required, such official shall obtain a registration for such
						private activities.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-7 - Exemption of law enforcement officials

Current through Vol. 41, No. 20, July 1, 2024
(a) The requirement of registration is waived
					for any officer or employee of any federal, state, or any political subdivision
					or agency thereof, who is engaged in the enforcement of federal, state or local
					law relating to controlled dangerous substances and is duly authorized to
					possess controlled dangerous substances in the course of his/her official
					duties, excluding law enforcement canine handlers/trainers; provided that law
					enforcement agencies maintaining analytical laboratories must obtain annual
					registration as otherwise provided in this Section.
(b) Any exempted official may, when acting in
					the course of his/her official duties, possess any controlled dangerous
					substance and distribute any such substance to any other official who is also
					exempted by (a) of this Section and acting in the course of his/her official
					duties.
(c) Any official engaged in
					drug education where possession of controlled dangerous substances is necessary
					shall obtain authorization for such possession from the Oklahoma State Bureau
					of Narcotics and Dangerous Drugs Control.
Amended at 12 Ok Reg 2835,
						eff 7-15-95
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-8 - Waiver of civil defense officials

Current through Vol. 41, No. 20, July 1, 2024
The requirement of registration is waived for any official of a
						civil defense or disaster relief organization who, in the course of his/her
						official duties, is authorized to maintain and distribute controlled dangerous
						substances held for emergency use.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-9 - Application for registration pursuant to Title 63 Okl. St.Ann Section 2-302

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or entity who is required to be registered and who is not so registered may apply for registration at any time unless otherwise provided in this Title. No person or entity required to be registered shall engage in any activity for which registration is required until the application for registration is granted and a Certificate of Registration is issued by the Director to such person or entity.
(b) After any person or entity is first registered, the person or entity shall thereafter be required to be registered no later than the first day of November of each year.
(c) Any person or entity who fails to register shall be in violation of the Uniform Controlled Dangerous Substances Act and subject to penalties as provided therein.
(d) Applications for registration of new principal places of business and new registration requests received after July 1 st of each year will, if accepted for registration, be registered for the forthcoming registration period and, therefore, will not be required to pay the registration fee for the remaining four (4) months of the registration period in which the application is made.
(e) A thirty (30) day grace period from the registration expiration date may be given before a registration is inactivated.
(f) All medical marijuana applicants and registrants, and all medical facilities required to register under 63 O.S. § 2-302(C), shall disclose to OBN all beneficial owners and all other entities or natural persons that have an ownership interest in the business.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-9 - Application for registration pursuant to Title 63 Okl. St.Ann Section 2-302

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person
					or entity who is required to be registered and who is not so registered may
					apply for registration at any time unless otherwise provided in this Title. No
					person or entity required to be registered shall engage in any activity for
					which registration is required until the application for registration is
					granted and a Certificate of Registration is issued by the Director to such
					person or entity.
(b) After any
					person or entity is first registered, the person or entity shall thereafter be
					required to be registered no later than the first day of November of each
					year.
(c) Any person or entity who
					fails to register shall be in violation of the Uniform Controlled Dangerous
					Substances Act and subject to penalties as provided therein.
(d) Applications for registration of new
					principal places of business and new personal registration requests received
					after July 1 st of each year will, if accepted for
					registration, be registered for the forthcoming registration period and,
					therefore, will not be required to pay the registration fee for the remaining
					four (4) months of the registration period in which the application is made.
(e) A thirty (30) day grace period
					from the registration expiration date may be given before a registration is
					inactivated.
Amended at 29 Ok Reg 1312,
						eff 6-25-12
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-10 - Application notices for registration and re-registration

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or entity required to be registered under Title 63 may register by applying on the official OBN website.
(b) Any person or entity desiring to professionally handle controlled dangerous substances for the purpose of canine drug detector handling and/or training, manufacturing, distributing, conducting scientific research, or performing analytical laboratory activities of controlled dangerous substances listed in the Uniform Controlled Dangerous Substances Act, Schedules I through V, shall apply for registration as follows:
(1) A canine drug detector handler/trainer or scientific researcher shall be registered with the OBN as an individual.
(2) Applicants for scientific research, analytical laboratory activities, or institutional instructional activities shall attach one (1) copy of the proposed operational protocol to the application.
(3) A detailed description, diagram, and/or photographs of all security measures proposed for the safe storage of all controlled dangerous substances shall be attached to the application.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-10 - Application notices for registration and re-registration

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person or entity required to be
					registered under Title 63 may register by contacting the OBN to obtain the
					registration application, downloading the registration application on the
					official OBN website, or applying on the official OBN website.
(b) Any person or entity desiring to
					professionally handle controlled dangerous substances for the purpose of canine
					drug detector handling and/ or training, manufacturing, distributing,
					conducting scientific research, or performing analytical laboratory activities
					of controlled dangerous substances listed in the Uniform Controlled Dangerous
					Substances Act, Schedules I through V, shall apply for registration as follows:
(1) A canine drug detector handler/ trainer
					or scientific researcher shall be registered with the OBN as an
					individual.
(2) Applicants for
					scientific research, analytical laboratory activities, or institutional
					instructional activities shall attach one (1) copy of the proposed operational
					protocol to the application.
(3) A
					detailed description, diagram, and/or photographs of all security measures
					proposed for the safe storage of all controlled dangerous substances shall be
					attached to the application.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-12 - Filing of application

Current through Vol. 41, No. 20, July 1, 2024
(a) All applications for registration shall be submitted for filing with the OBN and shall be accompanied by the appropriate registration fee and any required attachments.
(b) Any person or entity required to obtain more than one registration shall submit all applications individually. Each application must be complete and should not refer to any accompanying application for required information.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-12 - Filing of application

Current through Vol. 41, No. 20, July 1, 2024
(a) All
					applications for registration shall be submitted for filing with the OBN and
					shall be accompanied by the appropriate registration fee and any required
					attachments.
(b) Any person or
					entity required to obtain more than one registration may submit all
					applications in one (1) package. Each application must be complete and should
					not refer to any accompanying application for required information.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-13 - Acceptance for filing

Current through Vol. 41, No. 20, July 1, 2024
(a) Applications submitted for filing are dated upon receipt. If found to be complete, the application will be accepted for filing. Applications failing to comply with the requirements of this Chapter will not generally be accepted for filing. A defective application will be rejected and returned to the applicant with a statement of the reason for not accepting the application for filing.
(b) Accepting an application for filing does not preclude any subsequent request for additional information and has no bearing on whether the application will be granted.
(c) All information requested within the application, as well as any requests for additional or supplemental information, are deemed material information for purposes of the application and enforcement of the Uniform Controlled Dangerous Substances Act.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-13 - Acceptance for filing

Current through Vol. 41, No. 20, July 1, 2024
(a)
					Applications submitted for filing are dated upon receipt. If found to be
					complete, the application will be accepted for filing. Applications failing to
					comply with the requirements of this Chapter will not generally be accepted for
					filing. A defective application will be returned to the applicant with a
					statement of the reason for not accepting the application for filing. A
					defective application shall be corrected and re-submitted for filing prior to
					acceptance of application.
(b)
					Accepting an application for filing does not preclude any subsequent request
					for additional information and has no bearing on whether the application will
					be granted.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-14 - Additional information

Current through Vol. 41, No. 20, July 1, 2024
The Director may require an applicant to submit such documents or written statements of fact relevant to the application as he/she deems necessary to determine whether the application should be granted. The failure of the applicant to provide such documents or statements within a reasonable time after being requested to do so shall be deemed to be a waiver by the applicant of an opportunity to present such documents or facts for consideration by the Director in granting or denying the application and may result in an application being rejected as incomplete.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-14 - Additional information

Current through Vol. 41, No. 20, July 1, 2024
The Director may require an applicant to submit such documents
						or written statements of fact relevant to the application as he/she deems
						necessary to determine whether the application should be granted. The failure
						of the applicant to provide such documents or statements within a reasonable
						time after being requested to do so shall be deemed to be a waiver by the
						applicant of an opportunity to present such documents or facts for
						consideration by the Director in granting or denying the
						application.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-15 - Amendments to and withdrawal of applications

Current through Vol. 41, No. 20, July 1, 2024
(a) An application may be withdrawn without permission of the Director at any time before the date on which the applicant receives an order to show cause why the registration should not be denied, revoked or suspended pursuant to Title 63 Okl.St.Ann.  §
								2-305.
(b) After an application has been accepted for filing, the request by the applicant that it be returned or the failure of the applicant to respond to official correspondence regarding the application shall be deemed to be a withdrawal of the application.
(c) If an application is withdrawn after the application and payment have been submitted, no refund shall be given.
(d) For registered businesses, any owner, manager, board member, officer, legal counsel, or other specifically designated and disclosed representative may withdraw the application on behalf of the business.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-15 - Amendments to and withdrawal of applications

Current through Vol. 41, No. 20, July 1, 2024
(a) An application may be amended or
					withdrawn without permission of the Director at any time before the date on
					which the applicant receives an order to show cause why the registration should
					not be denied, revoked or suspended pursuant to Title 63 Okl.St.Ann.
					§2-305 . An application may be amended with permission of the Director at
					any time where good cause is shown by the applicant or where the amendment is
					in the public interest.
(b) After
					an application has been accepted for filing, the request by the applicant that
					it be returned or the failure of the applicant to respond to official
					correspondence regarding the application shall be deemed to be a withdrawal of
					the application.
Amended at 29 Ok Reg 1312,
						eff 6-25-12
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-16 - Inspection

Current through Vol. 41, No. 20, July 1, 2024
The Director, his or her agents, as well as specifically
						designated or assigned state, county and municipal officers whose duty it is to
						enforce the laws of this State relating to controlled dangerous substances may
						inspect, or cause to be inspected, the establishment of an applicant or
						registrant pursuant to this Title and the provisions of Title 63 of the
						Oklahoma Statutes.
Amended at 29 Ok Reg 1312,
						eff 6-25-12
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-17 - Applications for scientific research in Schedule I substances

Current through Vol. 41, No. 20, July 1, 2024
(a) In the case of an application to conduct scientific research with controlled dangerous substances listed in Schedule I, the Director may process the application and protocol and forward a copy of each to an independent expert selected by the Director within seven (7) days after receipt. The independent expert shall promptly advise the Director concerning the qualification of the applicant.
(b) An applicant whose protocol is defective shall be notified by the Director within seven (7) days after receipt of such protocol from the independent expert, and he/she shall be required to correct the existing defects before consideration shall be given to his/her submission.
(c) After the independent expert finds that the applicant is qualified and competent and the protocol meritorious, the Director shall be notified. The Director shall issue a Certificate of Registration within ten (10) days after receipt of this notification unless he/she determines that the application should be denied pursuant to the Uniform Controlled Dangerous Substances Act or OAC 475.
(d) If the independent expert finds that the protocol is not meritorious and/or the applicant is not qualified or competent, said designated authority shall notify the Director. The Director shall notify the applicant of said findings and his/her final decision.
(e) Except, Schedule I medical marijuana researchers shall submit the documentation, with their application, as required by 63 O.S. §427.19 et seq and 63 O.S. § 427.20 et seq.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-17 - Applications for scientific research in Schedule I substances

Current through Vol. 41, No. 20, July 1, 2024
(a) In the case of an application to conduct scientific research with controlled dangerous substances listed in Schedule I, the Director may process the application and protocol and forward a copy of each to an independent expert selected by the Director within seven (7) days after receipt. The independent expert shall promptly advise the Director concerning the qualification of the applicant.
(b) An applicant whose protocol is defective shall be notified by the Director within seven (7) days after receipt of such protocol from the independent expert, and he/she shall be required to correct the existing defects before consideration shall be given to his/her submission.
(c) After the independent expert finds that the applicant is qualified and competent and the protocol meritorious, the Director shall be notified. The Director shall issue a Certificate of Registration within ten (10) days after receipt of this notification unless he/she determines that the application should be denied pursuant to the Uniform Controlled Dangerous Substances Act or OAC 475.
(d) If the independent expert finds that the protocol is not meritorious and/or the applicant is not qualified or competent, said designated authority shall notify the Director. The Director shall notify the applicant of said findings and his/her final decision, after which time the applicant may submit written request to the Director within thirty (30) days for a hearing to show cause why the application should not be denied.
(e) Except, Schedule I medical marijuana researchers shall submit the documentation, with their application, as required by 63 O.S. §427.19 et seq and 63 O.S. § 427.20 et seq.
Amended at 24 Ok Reg 2736,
						eff 8-11-07
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-18 - Certificate of registration form

Current through Vol. 41, No. 20, July 1, 2024
(a) The Certificate of Registration shall contain the name, business address, and registration number of the registrant, the schedules of controlled dangerous substances which the registrant is authorized to handle, any limitation or condition placed on the registration, and the expiration date of the registration. The registrant shall maintain the Certificate of Registration at the registered location, displayed in a conspicuous manner, and shall permit inspection of the Certificate by a peace officer or agency official in the enforcement of laws relating to controlled dangerous substances.
(b) Medical marijuana manufacturers shall post a sign at the entrance of the medical marijuana manufacturing location. The sign shall include, at a minimum, business name, business address, contact phone number, and OBN registration number. This information may be placed on other existing signs of a similar nature if otherwise allowed by law.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-18 - Certificate of Registration

Current through Vol. 41, No. 20, July 1, 2024
The Certificate of Registration shall contain the name,
						business address, and registration number of the registrant, the schedules of
						controlled dangerous substances which the registrant is authorized to handle,
						any limitation or condition placed on the registration, and the expiration date
						of the registration. The registrant shall maintain the Certificate of
						Registration at the registered location and shall permit inspection of the
						Certificate by a peace officer or agency official in the enforcement of laws
						relating to controlled dangerous substances.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 10 - Requirements for Registration › Section 475:10-1-19 - Surrender of certificate of registration

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the revocation, suspension, or
					retirement of the registrant's Certificate of Registration, the Director of the
					Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall require
					that the registrant immediately deliver the assigned Certificate of
					Registration to an officer of the Oklahoma State Bureau of Narcotics and
					Dangerous Drugs Control and shall further require the registrant to surrender,
					destroy, or provide the security deemed necessary by the Director for all
					stocks of controlled dangerous substances in control of the
					registrant.
(b) In the event of
					limitation of a registrant's authority to handle controlled dangerous
					substances ordered by the Director or the authorized appropriate State of
					Oklahoma professional licensing board which may limit the registrant's
					professional services regarding controlled dangerous substances, the registrant
					shall be issued a new Certificate of Registration. No fee shall be required to
					be paid for the new Certificate of Registration.
Amended at 12 Ok Reg 2835,
						eff 7-15-95