reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 41 - LIENS › Section 260:135-7-232 - Releasing Lien

Current through Vol. 41, No. 20, July 1, 2024
(a) Perfected liens
				  may ordinarily be released by submission of one (1) of the following to Service
				  Oklahoma or a licensed operator:
(1) Copy #4
				  (if unavailable, a
certified duplicate
copy of Copy #3 or #4, or
				  an
original
or
certified
copy of Copy #1 is
				  acceptable) of the six (6) part lien entry Form 21, with the release signed and
				  dated.
(2) Any of the lien release
				  receipts, original or certified copy, generated when the lien was perfected by
				  Service Oklahoma or a licensed operator, signed and dated.
(3) Should a standard lien release as
				  outlined above be unavailable, the lien may be released by submission of a
				  typed, notarized release statement from the secured party. The statement must
				  include the notarized signature of a representative of the secured party, the
				  name of the secured party, name of the debtor, and vehicle identification
				  number/serial number of the vehicle.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 43 - FOREIGN VEHICLES › Section 260:135-7-236 - Foreign vehicles

Current through Vol. 41, No. 20, July 1, 2024
(a)
Documents
				  required.
When an owner obtains a foreign vehicle originally
				  manufactured for sale outside of the United States, or a vehicle that is
				  currently titled in a foreign country, the following documents must be
				  presented to obtain a certificate of title:
(1) Manufacturer's Certificate of Origin;
or
the existing foreign Certificate of Title;
and
(2) A legible
				  letter of translation for all foreign (non-English language) documents;
and
(3) Documentation
				  verifying U.S. Customs clearance. If entering from a country other than Canada,
				  documentation verifying compliance with U.S. Environmental Protection Agency
				  and U.S. Department of Transportation requirements.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-240 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Date due;
				  penalty.
Sales tax is generally due upon the purchase of a vehicle
				  occurring on or after July 1, 2017 and must be paid within thirty (30) days of
				  such date. After the thirtieth (30th) day, interest
				  is to be collected in addition to the tax due, accruing until paid. After the
				  forty-fifth (45th) day following purchase, a penalty
				  amount is assessed. Sales tax, interest and penalty levy amounts are
				  established by statute.
(b)
Taxable value.
Sales tax assessment is based upon the purchase
				  price of the vehicle before any credit or discount is allowed for a vehicle
				  trade-in.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-242 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Date due;
				  penalty.
Excise tax is due at the time of transfer of legal ownership or
				  possession of a vehicle and must be paid within thirty (30) days of such date.
				  After the thirtieth (30th) day, a penalty is to be collected in addition to the
				  tax due. The daily penalty will accrue until the tax is paid. However, the
				  penalty is not to exceed the amount of the tax due.
(b)
Taxable value
. On vehicles,
				  other than manufactured homes and certain commercial vehicles, excise tax is
				  based upon the actual sales or purchase price. The actual sales price, commonly
				  referred to as "purchase price", is the actual sales price of a vehicle
				  excluding any consideration given for a trade-in. For the purpose of vehicle
				  taxable value computation, actual sales price is to include the cost of the
				  vehicle, including any equipment or product affixed to, or applied upon, the
				  vehicle. It is not to include any fee included in the sale transaction that is
				  related to a service provided by the seller, or an outside party (i.e.
				  documentary fee; financing fee; insurance coverage fee; maintenance agreement
				  fee). No consideration for a vehicle trade-in, either debit or credit, is to be
				  included in the actual sales price utilized for establishing the taxable value
				  for the purpose of excise tax assessment. The actual sales price must be within
				  twenty percent (20%) of the average retail price value of the vehicle, as
				  listed in the automotive reference material prescribed by the Oklahoma Tax
				  Commission. [
See
:
				  710:60-5-50] If the actual sales
				  price is not within that value range, the Tax Commission shall establish a
				  taxable value as close to the actual sales price as possible while still within
				  the prescribed value range.
(c)
Minimum tax.
The minimum excise tax on vehicles and the minimum
				  excise tax on manufactured homes is set by statute.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-243 - Determining correct excise rate

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rate on sale of new vehicle by dealer.
A new vehicle being sold by
				  a dealer for the first time will always be assessed the new vehicle rate,
				  regardless of model year. Should that vehicle be resold during the same year,
				  the used vehicle rate would be used.
(b)
Rates on used vehicles.
The
				  rate of excise tax on vehicles is set by statute.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-245 - Excise tax on heavy-weight trucks and commercial trailers

Current through Vol. 41, No. 20, July 1, 2024
(a) Any truck or truck-tractor carrying a
				  laden weight or a combined laden weight of 55,000 lbs. or more, any
				  cargo-carrying commercial trailer, and any frac tank shall pay a specified
				  excise tax amount set forth by statute. This excise tax amount is due on
				  original or transfer titles.
(b)
				  This rate does not apply to Special Mobilized Machinery, forest product
				  vehicles, trailers or semitrailers which have been manufactured, modified or
				  re-manufactured for the purpose of providing services other than transporting
				  cargo over the highways. Nor is rate described in this Section applicable to
				  pickup trucks, vans, or sport-utility vehicles, which are assessed at the
				  standard vehicle excise tax rate, regardless of laden weight.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-246 - Licensed dealer exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Determination of latest manufactured model vehicle.
For the
				  purpose of determining an exemption for licensed dealers, the latest
				  manufactured model vehicle is the newest year of vehicle available at the
				  retail level. For this purpose, July 1 is the date that most vehicles for the
				  next year go on sale. If a certain model comes out before that date, that model
				  becomes the latest manufactured model for that specific line.
(b)
New dealers.
Any vehicle of
				  the latest manufacturers model purchased by a franchised Oklahoma motor vehicle
				  dealer which holds a franchise of the same line or make as the vehicle being
				  registered is exempt from excise tax. This exemption does not apply if the
				  vehicle is of a different make than the dealer's franchise. In that situation,
				  "new vehicle" excise tax would be assessed. New dealers may register a vehicle
				  for a period of four (4) months for personal use by an individual. A photocopy
				  of the MSO shall be surrendered to the tag agency and a title record will be
				  created reflecting the applicable hold status with no excise tax due.
(c)
Used dealers.
Any vehicle
				  owned and being offered for sale by a person currently licensed as a dealer in
				  used vehicles is exempt from excise tax except on the latest manufactured
				  model. If the vehicle is being titled from an MSO or is the latest manufactured
				  model and has not been previously titled and excise tax paid in Oklahoma,
				  excise tax is due and the "new vehicle" rate will be charged. The assignment
				  must be made to the dealership's name only. However, a title with an assignment
				  showing an individual's name "DBA" a dealership name will be accepted if the
				  dealership is a partnership or is individually owned and the name on the
				  assignment is a partner or the owner. Excise tax is ordinarily not exempt when
				  transferring ownership from a licensed dealership to the individual owner of
				  the dealership.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-247 - Credit on replacement vehicle

Current through Vol. 41, No. 20, July 1, 2024
If a new vehicle is stolen within ninety (90) days of
					 purchase, or if a new vehicle is certified by the manufacturer as defective
					 within six (6) months of purchase, credit on the excise tax and registration
					 fee for a new replacement vehicle will be allowed.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-248 - Charitable organization exemption

Current through Vol. 41, No. 20, July 1, 2024
Charitable organizations licensed through the Oklahoma
					 Secretary of State's Office are exempt from excise tax on vehicles donated to
					 them, as provided by statute.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-249 - Tornado excise tax credit

Current through Vol. 41, No. 20, July 1, 2024
Credit will be allowed with respect to the excise tax due
					 on a vehicle which is a replacement for a vehicle destroyed by a tornado in
					 2013, or any subsequent year, for which a Presidential Major Disaster
					 Declaration was issued and on which excise tax had been paid on or after
					 January 1, 2012. Credit will be allowed on a vehicle which is a replacement for
					 a vehicle destroyed by tornado in calendar years 2012 and 2013 for which no
					 Presidential Major Disaster Declaration was issued and on which excise tax was
					 paid on or after January 1, 2011. Credit will be allowed in the amount of
					 excise paid on the destroyed vehicle, excluding any penalties. The credit may
					 only offset any excise tax due on the replacement vehicle. No excess credit may
					 be refunded. Proof of loss of the destroyed vehicle must ordinarily be provided
					 by the registrant, i.e., a letter or other documentation from the insurance
					 company, identifying the vehicle and confirming its loss. If such documentation
					 is unavailable, the Motor Vehicle Division may be contacted for consideration
					 of an alternative or exception to the documentary
					 requirement.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 45 - VEHICLE SALES TAX AND MOTOR VEHICLE EXCISE TAX › Section 260:135-7-250 - Retail implement dealer

Current through Vol. 41, No. 20, July 1, 2024
Retail implement dealers, as statutorily defined in 47 O.S.
					 § 581(15), are exempt from acquiring titles and being assessed excise tax
					 when reassigning ownership on Oklahoma certificates of title for all terrain
					 vehicles, utility vehicles and off-road motorcycles. When reassigning Oklahoma
					 certificates of title under this allowance, the dealer's current Oklahoma sales
					 tax permit number must be provided to the purchaser. The Commission will
					 confirm the validity of the permit when processing an application for title by
					 the purchaser.
Oklahoma Administrative Code › Title 260 - Office of Management and Enterprise Services › Chapter 135 - Service Oklahoma › Subchapter 7 - Motor Vehicle › Part 47 - ELECTRIC VEHICLES › Section 260:135-7-254 - Qualified electric vehicles

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				  provisions.
In addition to the registration fees required pursuant to
				  the provisions of Section
				  1132 of Title 47 of the Oklahoma
				  Statutes, an annual registration fee is imposed on any qualified electric
				  vehicle and based upon the gross weight of the electric vehicle.
(b)
Definitions.
The following
				  terms when used in this Section shall have the following meaning unless the
				  context clearly indicates otherwise:
(1)
"Gross vehicle weight rating"
means the value specified by the
				  manufacturer as the loaded weight of a single vehicle.
(2)
"Qualified electric vehicle"
means the same as in Section
				  6510 of Title 68 of the Oklahoma
				  Statutes. Qualified electric vehicle does not include a vehicle that is
				  manufactured primarily for off-road use, such as a golf cart, and that has a
				  maximum speed of thirty (30) miles per hour or less.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 1 - Administrative Operations › Section 265:1-1-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
The State Fire Marshal's Office is charged with enforcing codes and standards relative to fire safety adopted by the State Fire Marshal Commission and as designated by state statutes. The State Fire Marshal's Office investigates fires, acts of arson, or attempted arson, or conspiracy to defraud, and keeps records of such investigations. The State Fire Marshal's Office conducts fire prevention inspections in assisted living centers, schools, child care centers, hospitals, and other public-use buildings. The State Fire Marshal's Office issues orders for condemnation or repair of dangerous or dilapidated buildings that constitute a hazard to life or other property. The State Fire Marshal's Office examines plans and specifications of certain types of new construction or remodeling, ensuring that minimum fire and life safety requirements are met. The State Fire Marshal's Office is authorized to assist any city, town or county in the enforcement of the building codes and standards herein adopted. Records of all activities of the State Fire Marshal's Office are on file in Oklahoma City. These guidelines are established to ensure proper efficiency, discipline and uniform procedures with the duties and responsibilities of the State Fire Marshal's Office to the citizens of the State of Oklahoma and our fellow employees.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 1 - Administrative Operations › Section 265:1-1-4 - Commission compensation

Current through Vol. 41, No. 20, July 1, 2024
Each member of the State Fire Marshal Commission, while engaged in the performance of his or her duties, shall receive mileage and per diem as provided by Chapter 17, Title 74, O.S., Laws 1965, c. 257,  Section  3. Amended Laws 1972, c.123, Section 1, emergency effective February 21, 1972. Revoked by Section 81, House Bill #1164, State Travel Reimbursement Act.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 1 - Administrative Operations › Section 265:1-1-7 - Rules, regulations and specifications

Current through Vol. 41, No. 20, July 1, 2024
Except as otherwise specified by subsection B of this section,
				the State Fire Marshal Commission shall have the power and duty to prescribe,
				adopt, and promulgate, in the manner set forth in this act, such reasonable
				rules, regulations, or specifications on matters relating to the safeguarding
				of life and property from the hazards of fire and explosion arising from
				storage, handling, and use of flammable and combustible materials, and from
				conditions hazardous to life or property in the use or occupancy of buildings
				or premises, as are deemed just and reasonable and in accordance with the codes
				as last adopted by the Oklahoma Uniform Building Code Commission, and not
				inconsistent with this act, and to revoke, amend, or supersede the same.
				Exceptions to these standards shall be granted to detention and correction
				facilities in existence on November 1, 1985, when noncompliance would not
				result in life-threatening condition to inmates incarcerated in such
				facilities. All such rules, regulations, and specifications or any revisions or
				amendments thereto shall not become effective until promulgated in accordance
				with the provisions of the Administrative Procedures Act. [74 O.S., Section
				324.7]
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 1 - Administrative Operations › Section 265:1-1-8 - Uniform force and effect

Current through Vol. 41, No. 20, July 1, 2024
The rules promulgated pursuant to Section 324.1 et seq. of
				this title shall have the uniform force and effect throughout the state and no
				municipality or subdivision shall enact or enforce any ordinances, rules for
				construction of or major alterations to buildings with standards less stringent
				than the building code, as last adopted by the Oklahoma Uniform Building Code
				Commission. Provided, nothing in this act shall prevent or take away from any
				city, town or county, the authority to enact and enforce rules containing
				higher standards and requirements than those provided therein nor prevent or
				take away from any city, town or county the authority to amend such adopted
				codes to make changes necessary to accommodate local conditions. And provided
				further, that nothing in this act shall in any way impair the power of any
				municipality, county or subdivision to regulate the use of land by zoning,
				building codes or restricted fire district regulations. [74 O.S., Section
				324.8]
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 1 - Administrative Operations › Section 265:1-1-9 - Administrative procedures

Current through Vol. 41, No. 20, July 1, 2024
The State Fire Marshal Commission and the State Fire Marshal shall be subject to the provisions of Title 75 on Administrative Rule Making and shall conduct all hearings and administrative procedures in conformity therewith, and judicial review of any order issued or action taken by the State Fire Marshal Commission or the State Fire Marshal shall be as provided for therein.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 1 - General Provisions › Section 265:3-1-2 - Liberal construction

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter shall be construed liberally to
				  effectuate the purposes and provisions of the act. (Title 74 O.S. 1981 §
									317
				  )
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 1 - General Provisions › Section 265:3-1-4 - "Act" defined

Current through Vol. 41, No. 20, July 1, 2024
"Act", as used in this chapter, shall refer to the provisions set forth in Title 74 O.S.  Sections  311-326.11.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 1 - General Provisions › Section 265:3-1-5 - "Party" defined

Current through Vol. 41, No. 20, July 1, 2024
The term "party" as used in this chapter shall mean any
				  person, employee organization or municipal employer named and participating in
				  or properly seeking and entitled by law to participate in, an individual
				  proceeding.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-1 - Filing of documents

Current through Vol. 41, No. 20, July 1, 2024
(a) All complaints, pleadings, submissions, petitions, reports, exceptions, briefs, memoranda, discovery requests, and other papers required to be filed with the Office of the State Fire Marshal shall be filed at the Office of the State Fire Marshal.
(b) Such papers may be sent by mail or hand delivered to the Office of the State Fire Marshal within the time limit, if any, for such filing.
(c) The date on which the papers are actually received by the Office of the State Fire Marshal shall be deemed to be the date of filing.
(d) All papers must be signed in ink by the party, by duly authorized officer of the party, or by its attorney. The signature of the person signing the document constitutes a certification that such person has read the document; that to the best of such person's knowledge, information, and belief, every statement contained in the instrument is true and correct and no such statements are misleading; and that the document is not interposed for delay. If any document submitted is not signed or is signed with intent to defeat the purpose of this section, it may be stricken as sham and false and the proceeding may continue as though the document had not been served or filed.
(e) Unless otherwise specifically provided by a particular rule, regulation, or order of the State Fire Marshal, the original and five copies of the papers, with certification of service on all parties, shall be filed.
(f) The documents indicating any proceeding shall state on the first page thereof the name, mailing address, and telephone number of the person or persons who may be served with any documents filed thereafter in the proceeding.
(g) The document filed shall be stamped with the date of filing and recorded in a file record book.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-2 - Docketing

Current through Vol. 41, No. 20, July 1, 2024
The Office of the State Fire Marshal shall maintain a docket
				  of all proceedings and each proceeding shall be assigned a case
				  number.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-3 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
The time within which an act is to be performed under the
				  rules of this Chapter shall be computed by excluding the first day and
				  including the last. When the last day for the doing of an act required by the
				  rules falls on a Saturday, Sunday or legal holiday, then the required act may
				  be performed on the next regular business day. The State Fire Marshal, for good
				  cause shown, and with notice to all interested parties, may extend any time
				  prescribed in the rules.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-4 - Order

Current through Vol. 41, No. 20, July 1, 2024
The State Fire Marshal, according to the provisions set forth
				  at 74 O.S. 1981, §317, upon a finding that a certain building or buildings
				  is so situated as to endanger other buildings or property, or so occupied that
				  a fire would endanger persons and property therein the State Fire Marshal can
				  order such building or buildings to be repaired, torn down, demolished,
				  materials removed and all dangerous conditions remedied. Whenever the officers
				  determine that a threat to life is eminent, the officers are permitted to order
				  the evacuation of the occupants of the building or buildings. If the State Fire
				  Marshal finds in a building or upon any premises any combustible or explosive
				  material, rubbish, rags, waste, oils, gasoline or inflammable conditions of any
				  kind, dangerous to the safety of buildings or property, he shall order such
				  materials removed or conditions remedied. Such Order shall be made against the
				  owner, lessee, agent or occupant of such buildings or premises and, thereupon,
				  such Order shall be complied with by the owner, lessee, agent or occupant, and
				  within the time fixed in said Order.
Amended at 22 Ok Reg
				  1930, eff 6-25-05
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-5 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
If an owner, lessee, agent or occupant deems himself
				  aggrieved by an Order of the State Fire Marshal in
				  265:3-3-4, and desires a
				  hearing, he may complain or appeal in writing to the State Fire Marshal within
				  ten (10) days from the service of the Order and the State Fire Marshal shall
				  investigate said complaint at once. The State Fire Marshal shall set a time and
				  place for a hearing in the county where such property is located. The State
				  Fire Marshal may affirm, modify, revoke or vacate said order at said hearing,
				  and unless such order is revoked or vacated by the State Fire Marshal, it shall
				  remain in force and be complied with by such owner, lessee, agent or occupant
				  within the time fixed in said order, or within such time as may be fixed by
				  State Fire Marshal at said hearing.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-6 - Appeal

Current through Vol. 41, No. 20, July 1, 2024
If a person is aggrieved by the Final Order of the State
				  Marshal as made at the hearing set forth in
				  265:3-3-5, such person
				  may, within ten (10) days thereafter, appeal to the district court of the
				  county in which the property is situated notifying the State Fire Marshal in
				  writing, of such appeal, within three (3) days thereafter. The notice shall be
				  in writing and delivered personally to the State Fire Marshal or by registered
				  mail to the Office of the State Fire Marshal, Oklahoma City, Oklahoma. The
				  party so appealing shall, within three (3) days thereafter, file with the clerk
				  of the district court in which such appeal is made, a bond and in an amount to
				  be fixed by the court and in no case less than a Hundred Dollars ($100.00),
				  with at least sufficient sureties to be approved by the court, conditioned to
				  pay all costs on the appeal in case the Appellant failed to sustain the same or
				  the appeal be dismissed for any cause. The district court shall hear and
				  determine the appeal de novo, in the same manner as other issues of law and
				  fact are heard and tried in such courts, and the State Fire Marshal shall be
				  the Plaintiff. The district court shall hear and determine the appeal at the
				  next regular term of the district court in the county where the order was
				  issued, and may sustain, modify or annul the order of the State Fire Marshal,
				  and the decision of the district court shall be final.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-7 - Final order

Current through Vol. 41, No. 20, July 1, 2024
The State Fire Marshal shall execute the final order of the
				  district court in
				  265:3-3-6, and if the
				  order is adverse to the appellant, the State Fire Marshal is empowered to cause
				  such building or premises to be repaired, torn down, demolished, materials
				  removed and all dangerous conditions remedied, as the case may be, at the
				  expense of such appellant. If the appellant fails, refuses or neglects to
				  comply with the order, or pay the expense incurred by the State Fire Marshal in
				  executing the same within thirty (30) days thereafter, the expense shall be
				  certified by the State Fire Marshal to the county assessor of the county in
				  which the property is situated and the county assessor shall enter the expense
				  on the tax list on county as a special charge against the real estate on which
				  the building is or was situated, and the same shall be collected as other taxes
				  and, when collected, shall be paid to the county treasurer and credited to the
				  general fund of the county in which the property is located. Any person being
				  the owner, occupant, lessee or agent of buildings or premises, who willfully
				  fails, neglects, or refuses to comply with any order of any officer named in 74
				  O.S. §
									317
				  shall be guilty of a misdemeanor and shall be fined not more than Fifty Dollars
				  ($50.00) nor less than Ten Dollars ($10.00) for each days neglect, pursuant to
				  71 O.S. § 317 .
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-8 - Prehearing conference

Current through Vol. 41, No. 20, July 1, 2024
A prehearing conference shall be conducted in all proceedings
				  set for hearing before the State Fire Marshal or a duly appointed hearing
				  officer. The prehearing conference may be conducted by telephone when the
				  mutual convenience of the parties so requires. The State Fire Marshal may
				  designate an assistant or legal counsel as provided by State Attorney General's
				  office to conduct a prehearing conference, which may be held as soon as
				  possible after the case is at issue, but in any event upon at least ten (10)
				  days notice to the parties.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-9 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
An official transcript of the proceedings before the Fire Marshal shall be electronically recorded. The State Fire Marshal shall designate the person by whom the recorded proceedings shall be made. A party shall be entitled to a certified copy of the recorded oral proceedings and/or transcript of the recorded oral proceedings upon request, but shall be obligated to pay for the cost incurred in obtaining either. Request for transcripts shall be made through the office of the State Fire Marshal either on the record or in writing. If either party to the proceeding requests a court reporter, the requesting party shall be obligated to pay for the costs incurred. That portion of the hearing constituting adjudicative or quasi adjudicative deliberations of the State Fire Marshal shall not be reported.
Amended at 11 Ok Reg
				  2225, eff 6-1-94
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 3 - Procedures › Section 265:3-3-10 - The rights of parties at hearings

Current through Vol. 41, No. 20, July 1, 2024
Any party, as defined in 75 O.S. §
									250.3
				  shall have the right to appear in any hearing in person or by counsel duly
				  licensed to practice law in the State of Oklahoma, and any party and the Office
				  of the State Fire Marshal shall have the power to call and examine witnesses,
				  and to introduce evidence in a hearing before the State Fire
				  Marshal.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-1 - Hearing officer

Current through Vol. 41, No. 20, July 1, 2024
All hearings shall be conducted by the State Fire Marshal
				  unless the State Fire Marshal finds it necessary or desirable to appoint a
				  hearing officer to conduct a hearing. The State Fire Marshal may confer upon
				  such hearing officer the necessary powers, subject to the Oklahoma
				  Administrative Procedures Act, to conduct such hearing and/or any procedural
				  matters related thereto.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-3 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of
				the State Fire Marshal recognizes all motions permitted under the Oklahoma
				Pleading Code, 12 O.S. §
									2001
				et seq. and a party's Motion requesting the Office of the State Fire Marshal to
				defer to an accepted plan of correction.
(b) All motions made during a hearing shall
				be made part of the record of the proceedings.
(c) All motions made outside a hearing are
				subject to the following rules:
(1) Such
				motions shall be made in writing to the State Fire Marshal, shall briefly state
				relief sought, and shall be accompanied by affidavits and/or memoranda setting
				forth the grounds upon which they are based.
(2) The moving party shall serve a copy of
				all motions and supporting documents on all other parties.
(3) Any response or objection to the motion
				shall be filed with the State Fire Marshal within fifteen (15) days of receipt
				of the motion, and shall be served on all parties.
(4) The State Fire Marshal may decide to hear
				oral argument or testimony thereon, in which case the State Fire Marshal shall
				notify the parties of such fact and of the time and place that such argument or
				the taking of such testimony.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-5 - Witnesses

Current through Vol. 41, No. 20, July 1, 2024
All witnesses in a hearing shall appear in person and shall
				  be examined under oath or affirmation. All witnesses summoned by the State Fire
				  Marshal at the request of a party shall be paid by the party. Witnesses shall
				  be paid the same witness and mileage fees as are paid witnesses appearing in
				  the District Court of Oklahoma.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-6 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				application and for good cause shown, the State Fire Marshal may permit the
				parties in a hearing to conduct discovery pursuant to the Oklahoma Code Civil
				Procedure, 12 O.S. §
									3201 et
				seq., subject to the provisions of the Oklahoma Administrative Procedures
				Act.
(b) A copy of the request for
				discovery shall be filed with the Office of State Fire Marshal.
(c) Witness fees and mileage shall be paid by
				the party at whose instance the witness appears and the person taking the
				deposition shall be paid by the party whose instance the deposition is
				taken.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-7 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance
				of subpoenas.
The office of the State Fire Marshal may issue subpoenas
				to require the attendance of witnesses in this state and the production of
				books and papers at a hearing or deposition held pursuant to this
				Chapter.
(b)
Application for
				subpoenas.
Any party may file a written application for subpoenas with
				the State Fire Marshal before the hearing.
(c)
Motion to revoke subpoenas.
(1) A Motion to Revoke or Quash a subpoena
				may be filed with the State Fire Marshal not later than three (3) days from the
				date of service of the subpoena.
(2) The State Fire Marshal shall give notice
				of the filing of the Motion to revoke or quash to the applicant for
				subpoena.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-8 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) In any
				proceeding before the Office of the State Fire Marshal, the State Fire Marshal
				shall not be bound by the technical rules of evidence. The State Fire Marshal
				may admit and give probative effect to evidence which possesses probative value
				commonly accepted by reasonably prudent persons in the conduct of their
				affairs.
(b) All irrelevant,
				immaterial, or unduly repetitious evidence shall be excluded.
(c) The State Fire Marshal shall give effect
				to the rules of privilege recognized by law.
(d) Documentary evidence may be received in
				the form of copies or excerpts, if the original is not readily available,
				provided that upon request parties shall be given an opportunity to compare the
				copy with the original.
(e) Each
				party shall have the right to conduct such cross examination as may be required
				for a full and true disclosure of the facts and shall have the right to submit
				rebuttal evidence.
(f) The State
				Fire Marshal may take notice of judicially cognizable facts.
(g) The State Fire Marshal may take notice of
				generally cognizable technical or scientific facts within its specialized
				knowledge; however, parties shall be notified either before or during the
				hearing of the material so noticed, and they shall be afforded an opportunity
				to contest the fact so noticed.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-9 - Contemptuous conduct

Current through Vol. 41, No. 20, July 1, 2024
(a) Conduct that
				constitutes direct or indirect civil contempt, under Oklahoma law, may be
				grounds for summary exclusion from a hearing. Such misconduct, if of an
				aggrieved character and engaged in by an attorney or other representative of a
				party, may be grounds for suspension or disbarment from further practice before
				the State Fire Marshal upon notice and hearing.
(b) The refusal of a witness of any such to
				answer any question which has been ruled to be proper may, in the discretion of
				the State Fire Marshal, be grounds for striking all testimony previously given
				by such witness on related matters.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-10 - Amendment of documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				document filed in a proceeding may be amended, at the discretion of the State
				Fire Marshal, at any time prior to the issuance of a final order
				thereon.
(b) If such document is
				not in substantial conformity with the applicable rules of the State Fire
				Marshal as to the contents thereof, or is otherwise insufficient, the State
				Fire Marshal, on its own initiative or upon motion of a party, may strike or
				dismiss such document, or require its amendment. A party moving for amendment
				of a document shall file a motion for leave to amend together with the proposed
				amended document.
(c) If amended,
				the document shall be effective as the date of the original filing, if it
				relates to the same proceeding.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-11 - Retention of documents by the State Fire Marshal

Current through Vol. 41, No. 20, July 1, 2024
(a) All documents filed with or presented to
				the Office of the State Fire Marshal shall be retained in the files of the
				State Fire Marshal.
(b) The State
				Fire Marshal may permit withdrawal of original documents upon submission of
				properly authenticated copies to replace such documents.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-12 - Substitution of parties

Current through Vol. 41, No. 20, July 1, 2024
Upon motion and for good cause shown, the State Fire Marshal
				  may order substitution of the parties in a hearing, except that in the case of
				  death of a party, substitution may be ordered without the filing of a
				  motion.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-13 - Consolidation

Current through Vol. 41, No. 20, July 1, 2024
The State Fire Marshal, on his own initiative or upon motion,
				  may consolidate for hearing or other purposes or may contemporaneously consider
				  two or more proceedings which involve substantially the same parties or issues
				  if he finds that such consolidation of proceedings or contemporaneous
				  consideration will be conductive to the proper dispatch of its business and to
				  the ends of justice and will not unduly delay the
				  proceedings.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-14 - Agreed statement of facts

Current through Vol. 41, No. 20, July 1, 2024
In any proceeding an agreed statement of facts may be
				  introduced to the record with respect to any issue. An agreed statement of
				  facts may be accepted by the State Fire Marshal without a hearing. The parties
				  to an agreed statement of facts may agree to a waiver of hearing. Such agreed
				  statements of fact are especially encouraged when the parties have reason to
				  believe that the primary issue(s) for decision by the State Fire Marshal are
				  purely issues of law.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-15 - Argument, briefs, proposed findings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party shall be entitled, upon request
				made before the close of a hearing, to present oral argument.
(b) Any party shall be entitled, upon request
				made before the close of a hearing, to file a brief or proposed findings of
				facts and conclusions of law, or both, within such time as may be fixed by the
				State Fire Marshal.
(c) The State
				Fire Marshal may direct oral argument where the finding of briefs or proposed
				finding of facts, conclusions of law, or both, when it deems the submission of
				briefs or proposed findings, or both, is warranted by the nature of the
				proceedings or the particular issues therein.
(d) A request for extension of time within
				which to file a brief or proposed findings shall be made in writing to the
				Office of the State Fire Marshal at least three (3) days before the expiration
				of the required time for filing, and shall be accompanied by an affidavit
				setting forth the grounds upon which it is based and indicating the position of
				the other parties with regard to such request.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-16 - Decisions and orders of the State Fire Marshal

Current through Vol. 41, No. 20, July 1, 2024
(a) Every decision and order rendered by the
				State Fire Marshal shall be in writing or stated in the record and shall be
				accompanied by separate findings of fact and conclusions of law. If any party
				has filed proposed findings of fact, the State Fire Marshal shall incorporate
				in its decision a ruling upon each proposed finding so presented. A copy of the
				decision and order and accompanying findings and conclusions shall be delivered
				or mailed to each party or to each party's attorney or
				representative.
(b) Copies of such
				documents shall be available for public inspection in the office of State Fire
				Marshal or may be obtained upon request and upon payment of costs, if
				any.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 3 - Individual Proceedings › Subchapter 5 - Hearings › Section 265:3-5-17 - Unauthorized ex parte communications

Current through Vol. 41, No. 20, July 1, 2024
(a) Unauthorized ex parte communications are
				defined as private communications, other than those permitted elsewhere in the
				rules of this Chapter, with employees of the Office of the State Fire Marshal
				or counsel for the State Fire Marshal, as to the merits of a proceeding, i.e.,
				findings of fact or conclusions of law, with a view towards influencing the
				outcome of the case, except that the following classes of ex parte
				communications shall not be prohibited:
(1)
				Those which relate to matters which the Office of the State Fire Marshal is
				authorized to dispose of on an ex parte basis.
(2) Request for information with respect to
				the status of a proceeding.
(3)
				Those which all parties to the proceedings agree, or which the State Fire
				Marshal has formally ruled, may be made on an ex parte basis.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 1 - General Provisions › Section 265:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this chapter specify where smoke detectors
				  are required and apply to the design, installation, maintenance and operation
				  of all smoke detectors in the listed building and structures.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 1 - General Provisions › Section 265:10-1-2 - Liberal construction

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter shall be construed liberally to
				  effectuate the purpose and provisions of Title 74 §§
									324.11a
				  and
				  324.11b.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 1 - General Provisions › Section 265:10-1-3 - Severability

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Chapter are severable, and if any
				  clauses, sentence, paragraph, or section thereof shall be held void, the
				  decision of the court shall not affect or impair any of the remaining portions
				  or provisions of this Chapter.
Oklahoma Administrative Code › Title 265 - State Fire Marshal Commission › Chapter 10 - Smoke Detectors › Subchapter 3 - Rationalization › Section 265:10-3-1 - Institutional

Current through Vol. 41, No. 20, July 1, 2024
(a) Definitions.
(1)
"Hospital"
means a building or part thereof used for the medical, psychiatric, obstetrical or surgical care on a 24-hour basis of three or more inpatients. Hospital wherever used in these rules and regulations shall include General Hospitals, Mental Hospitals, Tuberculosis Hospitals, Children's Hospitals, Specialized Hospitals and any such facilities providing inpatient care.
(2)
"Nursing home"
means a building or part thereof used for the lodging, boarding and nursing care on a 24-hour basis of three or more persons who because of mental or physical incapacity may be unable to provide for their own needs and safety without the assistance of another person. Nursing Home wherever used in these rules and regulations shall include nursing homes, convalescent homes, skilled nursing facilities and infirmaries in homes for the aged.
(3)
"Rest home"
means a facility that contains a group housing arrangement for three or more persons that provides at least two meals per day and such social and personal care services needed by the residents because of age or physical incapacity may be unable to provide for their own needs, but that do not provide intermediate or skilled nursing care.