reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Public Rights › Section 465:1-5-2 - Public inspection of rules, orders and decisions

Current through Vol. 41, No. 20, July 1, 2024
The Commission will make available for public inspection all
				  rules and all other written statements of policy or interpretations formulated,
				  adopted, or used by the Commission in the discharge of its functions. The
				  Commission will make available for public inspection all orders, decisions and
				  opinions.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 5 - Public Rights › Section 465:1-5-3 - Public submission

Current through Vol. 41, No. 20, July 1, 2024
Any member of the general public may submit questions and concerns regarding the business of this Commission by contacting the Executive Director in writing. The Executive Director, after consultation with the Board Chair, may place such items on the agenda for discussion.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures Pertaining to Individual Proceedings › Section 465:1-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this subchapter document the proper procedure to
				  follow when filing a complaint with this Commission. This subchapter is
				  intended to supplement the provisions of 47 O.S. 1981 Section 566, 566.1 (as
				  amended) and OAC
				  465:1-1-5.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures Pertaining to Individual Proceedings › Section 465:1-7-2 - Complaints concerning licensees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Informal Complaint.
Any person or entity including a current licensee of this Commission, can file an informal complaint, in writing, on forms prescribed by the Commission, against any licensee of this Commission. Complaint forms may be obtained from the Commission. The Executive Director, or his designee, will cause the complaint to be investigated to determine if any violations of Motor Vehicle Commission Law have occurred.
(b)
Informal Resolution.
The Executive Director, or designee, in consultation with the Commission's prosecutor will attempt to bring about an informal resolution. An informal resolution may include but is not limited to, mediation between the parties to reach an acceptable resolution or a settlement agreement offered by the Executive Director or designee, and approved by the Commission at a public meeting.
(c)
Formal Complaint.
If an informal resolution is not possible, a formal complaint may be filed against the licensee. The Commission shall set the matter for a hearing as set forth in 465:1-7-3 to be held in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. Section 309-323.
(d)
Hearing.
At any hearing held to consider a formal complaint, the Commissioners shall act in a quasi-judicial capacity at such an adversarial hearing and shall not themselves introduce evidence or otherwise act as a party. The Commissioners shall, however, have the right to direct questions at any witness appearing at the hearing.
Amended at 15 Ok Reg
				  2035, eff 6-1-98; Amended at 21 Ok Reg 1411, eff
				  6-1-04
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures Pertaining to Individual Proceedings › Section 465:1-7-3 - Proceedings initiated by Commission

Current through Vol. 41, No. 20, July 1, 2024
(a)
Complaint.
An individual proceeding to consider, a formal complaint is initiated by issuing a complaint, verified by the Commission's Executive Director, against said licensee(s) alleging a violation(s) of the Oklahoma Motor Vehicle Commission Act, 47 O.S. 1981 Section 561, et seq. (as amended) or Rules.
(b)
Notice and Hearing.
The matters addressed in a formal complaint issued pursuant to subsection (a) of this Section, shall be considered at a hearing to be held before the Commission. The affected licensee shall be provided appropriate notice of this hearing. In a hearing held pursuant to this Section, counsel or the Executive Director for the Commission shall present evidence substantiating the allegations contained in the complaint and otherwise act in a quasi-prosecutorial role. For this reason, the individual(s) presenting the evidence for the Commission shall not be allowed to be present during any Executive Session at which the Commission deliberates on what action to take in an individual proceeding held pursuant to this subsection.
Amended at 21 Ok Reg
				  1411, eff 6-1-04
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 9 - Petitions › Section 465:1-9-1 - Promulgate, amend or repeal a rule

Current through Vol. 41, No. 20, July 1, 2024
Any interested person may petition the Commission requesting
				  the promulgation, amendment or repeal of a rule. Said petition may be in any
				  reasonable form that would apprise the Commission of the substance of the
				  proposed rule or of the substantive changes suggested in any amendment to any
				  existing rule. The petition shall be in writing and directed to the attention
				  of the Executive Director of the Commission. If the petition is filed with the
				  Commission at least ten days before its next regularly scheduled monthly
				  meeting, then the petition will be heard before the Commission at that meeting.
				  In all other instances, the hearing on the Petition shall be at the
				  Commission's next regularly scheduled meeting. The hearing on the petition will
				  conform in all particulars to the requirements of the Oklahoma Administrative
				  Procedures Act, 75 O.S. 1981, Section 301 et seq.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 1 - Administrative Operations › Subchapter 9 - Petitions › Section 465:1-9-2 - Declaratory ruling

Current through Vol. 41, No. 20, July 1, 2024
Any interested person may file a petition for a declaratory
				  ruling as to the applicability to it of any rule or order of the Commission. A
				  petition for declaratory ruling filed pursuant to this rule shall be in writing
				  and directed to the attention of the Executive Director of the Commission. A
				  hearing will be held on this petition for declaratory ruling at the next
				  regularly scheduled meeting of the Commission, provided that the petition is
				  received at least ten days prior to that regularly scheduled meeting. In all
				  other instances, the petition will be heard by the Commission at the next
				  regularly scheduled meeting. The hearing on a petition for a declaratory ruling
				  pursuant to this Section shall conform in all particulars to the requirements
				  of the Oklahoma Administrative Procedures Act, 75 O.S. (1981) Section 301 et
				  seq. (as amended).
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this subchapter provide a detailed outline of
				  the four different decisions the Commission can choose from when considering an
				  application for license.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-2 - Consideration of initial applications for license

Current through Vol. 41, No. 20, July 1, 2024
All initial dealer, manufacturer, and distributor
				  applications received for licenses by the Commission pursuant to 47 O.S. Supp.
				  1985 Section 564(B) shall be considered at the next regularly scheduled meeting
				  of the Commission. When considering an application received pursuant to 47 O.S.
				  Supp 1985, Section 564(B), the Commission shall take one of the following
				  orders:
(1) Approval
(2) Approval contingent upon receipt of
				certain additional designated information or documents
(3) Defer consideration pending receipt of
				additional information or documents or
(4) Recommendation of denial.
Amended at 20 Ok Reg
				  1002, eff 5-12-03
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-3 - Application approved

Current through Vol. 41, No. 20, July 1, 2024
In the event that the Commission issues an Order approving
				  the application, then the Executive Director shall issue the applied for
				  license within ten days.
Amended at 20 Ok Reg
				  1002, eff 5-12-03
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-4 - Application approved upon contingency

Current through Vol. 41, No. 20, July 1, 2024
In the event the Commission issues an Order approving an
				  application contingent upon subsequent receipt of additional information or
				  documents, the Commission shall so notify in writing the affected applicant of
				  its decision within ten days. Then the Executive Director shall, upon receipt
				  of the needed additional information or documents, issue the applied for
				  license.
Amended at 20 Ok Reg
				  1002, eff 5-12-03
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-5 - Application deferred

Current through Vol. 41, No. 20, July 1, 2024
In the event that the Commission issues an Order deferring consideration on a license application pending receipt of additional information or documents, then the Commission shall reconsider the application at its next regularly scheduled meeting held after the receipt of the requested information. The Commission shall so notify in writing the affected applicant of the additional information needed within ten days of its deferral decision.
Amended at 20 Ok Reg
				  1002, eff 5-12-03
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-6 - Application denied

Current through Vol. 41, No. 20, July 1, 2024
In the event the Commission acts upon an application by
				  recommending that it be denied, then the Commission's Executive Director shall
				  so notify the affected applicant in writing within ten days. This notice shall
				  apprise the affected applicant of the recommended denial and shall further
				  notify the applicant that a hearing will be held at the next regularly
				  scheduled meeting of the Commission to consider the previously issued
				  recommendation of denial. This Notice shall further advise the affected
				  applicant that he shall have a right to be heard at this subsequent
				  hearing.
Amended at 20 Ok Reg
				  1002, eff 5-12-03
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 1 - Commission Licensing Procedures › Section 465:10-1-7 - Consideration of other applications for license and registration

Current through Vol. 41, No. 20, July 1, 2024
All other applications received for licenses and registrations by the Commission (representative, salesperson, and off premise) shall be reviewed by the Executive Director. In reviewing these applications for licenses or registrations, the Executive Director shall follow the same procedures as outlined above for review of initial licenses.
Amended at 20 Ok Reg
				  1002, eff 5-12-03; Amended at 26 Ok Reg 1315, eff
				  5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 3 - Licenses and Registrations › Section 465:10-3-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this subchapter outline additional requirements for licensing of dealerships, registration of salespersons and renewal of those licenses and registrations.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 3 - Licenses and Registrations › Section 465:10-3-2 - Name to be placed on dealer's license

Current through Vol. 41, No. 20, July 1, 2024
Dealer licenses will be issued in the trade name of the
				  applicant, and said licenses shall be displayed in a conspicuous location at
				  the Dealer's place of business.
Amended at 24 Ok Reg
				  1108, eff 5-11-07
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 3 - Licenses and Registrations › Section 465:10-3-3 - Salespersons' registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Registration.
Contemporaneous with the employment of a Salesperson , an application for Salesperson registration shall be submitted to the Commission on forms prescribed by the Commission along with the appropriate fee paid by the employing licensed dealer . A certificate of registration for a Motor Vehicle Salesperson will be issued by the Commission within ten days of receipt of a completed application and the proper fee. All Salespersons' certificates of registration will be sent to the Dealer for distribution to his or her respective applicants, and the Dealer will determine that all its personnel required to be registered have done so. Salesperson registrations are required for anyone involved in the selling of new or used vehicles, including sales managers and F&I personnel.
(b)
Identification card.
A Salesperson's certificate of registration shall consist of an identification card. The card shall be carried upon his or her person when acting as a Salesperson.
(c)
Termination of employment.
Upon termination of employment of a registered Salesperson, the dealership must notify the Motor Vehicle Commission in writing within ten days.
(d)
One registration and employer at a time.
No Salesperson may be registered with more than one dealer at any time or be employed by, or sell for, any Dealer other than the Dealer designated on the Salesperson's certificate of registration , except as follows:
(1) A Salesperson may be registered with more than one dealer only in instances where the salesperson is employed by multiple dealerships which have the same majority ownership;
(2) A Salespersons
'
registration application must be submitted for each dealership which have the same majority ownership for which the Salesperson seeks to be registered ;
(3) The identification card or cards which are issued in accordance with OAC Title 465:10-3-3(b), shall contain the names of all commonly owned dealerships for which the Salesperson is registered ; and,
(4) The Salesperson shall only sell for the dealerships designated on the Salespersons
'
identification card.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 3 - Licenses and Registrations › Section 465:10-3-4 - Changes to be reported

Current through Vol. 41, No. 20, July 1, 2024
Any proposed change by a dealer, manufacturer, or
				  distributor, including but not limited to: name, address, ownership or
				  franchises sold, shall be submitted to the Commission, in writing, along with
				  the appropriate documentation. Sufficient advance notice shall be given for the
				  Commission to act in accordance with the applicable statutes and
				  rules.
Amended at 21 Ok Reg
				  1412, eff 6-1-04; Amended at 28 Ok Reg 1073, eff
				  6-11-11
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 3 - Licenses and Registrations › Section 465:10-3-5 - Renewal of licenses and salesperson registrations

Current through Vol. 41, No. 20, July 1, 2024
Notification for renewal of all licenses and salesperson registrations shall be sent by the Commission to each of its licensees by May 1 of each year and all licensees shall return the completed renewal applications , along with the proper fees, by June 1 of each year.
Amended at 15 Ok Reg
				  2036, eff 6-1-98
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 3 - Licenses and Registrations › Section 465:10-3-6 - Compliance with dealer's tag provision

Current through Vol. 41, No. 20, July 1, 2024
A Salesperson Certificate of Registration issued in accordance with the procedures set forth in 465:10-3 shall be considered "a valid salesman's license issued by the Oklahoma Motor Vehicle Commission" for purposes of 47 O.S. § 1128(A), concerning a licensed salesperson's exemption from the seventy-two hour limit on operating a motor vehicle with a dealer's tag affixed.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 5 - Denial, Suspension or Revocation of License › Section 465:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this subchapter outline additional infractions,
				  that if committed, can result in grounds for denial, suspension or revocation
				  of license or the imposition of a fine.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 5 - Denial, Suspension or Revocation of License › Section 465:10-5-2 - Dealer license contingent on manufacturer licensing status

Current through Vol. 41, No. 20, July 1, 2024
The Commission may suspend or revoke the license of any
				  Dealer whose manufacturer or distributor is not duly licensed by this
				  Commission.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 5 - Denial, Suspension or Revocation of License › Section 465:10-5-3 - Duty to comply with registration laws

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall deem it to be a fraudulent practice and
				  grounds for denial of an application or for revocation or suspension of a
				  license previously granted or for the imposition of a fine for any of its
				  licensees to violate any of the provisions of the Oklahoma Vehicle License and
				  Registration Act, 47 O.S. Supp. (1985), Section 1101, et seq.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 7 - Off Premise Sale and Display › Section 465:10-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this subchapter provide additional off premise
				  sale and display requirements..
Amended at 24 Ok Reg
				  1108, eff 5-11-07
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 7 - Off Premise Sale and Display › Section 465:10-7-2 - Receipt of applications

Current through Vol. 41, No. 20, July 1, 2024
All applications for Off Premise Sales Licenses issued
				  pursuant to 47 O.S. Supp. 2005, Section 564.1 (as amended), shall be submitted
				  on forms to be furnished by the Commission and must be received by the
				  Commission at least seven (7) calendar days prior to the date of the off
				  premise sale.
Amended at 24 Ok Reg
				  1108, eff 5-11-07; Amended at 26 Ok Reg 1315, eff
				  5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 7 - Off Premise Sale and Display › Section 465:10-7-3 - Off premise events

Current through Vol. 41, No. 20, July 1, 2024
(a)
Off premise display events.
No sales activities shall be conducted
				at an off premise display, including but not limited to, negotiations,
				financing, and accepting credit applications. The presence of sales or finance
				personnel at an off premise display, creates a rebuttable presumption that
				sales activities are being conducted at the off premise display
				event.
(b)
Off premise sales
				events.
Sales activities may be conducted by recreational vehicle
				dealers at a licensed off premise sale.
(c)
License affixed to
				windshield.
An off premise sale license issued by the Commission
				pursuant to 47 O.S. Supp. 2005, Section 564.1 (as amended), shall be
				prominently affixed to the windshield of each new motor vehicle.
Amended at 20 Ok Reg
				  1002, eff 5-12-03; Amended at 24 Ok Reg 1108, eff 5-11-07; Amended at 26 Ok Reg
				  1315, eff 5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 7 - Off Premise Sale and Display › Section 465:10-7-4 - Off premise sale; granting of a "Variance" [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 15 Ok Reg
				  2036, eff 6-1-98; Revoked at 23 Ok Reg 2993, eff
				  7-14-06
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 7 - Off Premise Sale and Display › Section 465:10-7-5 - Acceptable locations of sales events [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 23 Ok Reg
				  2993, eff 7-14-06
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 9 - Dealership Locations › Section 465:10-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this subchapter provide definition of
				  established business locations and restrict usage of "line-make" identification
				  in the trade name at locations other than the primary franchised licensed
				  location.
Amended at 24 Ok Reg
				  1108, eff 5-11-07
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 10 - Licenses › Subchapter 9 - Dealership Locations › Section 465:10-9-2 - Definition of established place of business

Current through Vol. 41, No. 20, July 1, 2024
An established place of business as used in 47 O.S. Supp., 2001, Section 565 (7)(a), (as amended), shall mean a permanently enclosed building or structure, easily accessible to the public, with a paved or graveled lot for customer parking and for the showing and storage of vehicles, and, shall not mean residences, tents, temporary stands, lots, or other temporary quarters, unless such temporary quarters are part of a contingent approval and will be replaced by a permanent building or buildings within a period of time as designated by the Commission. The established place of business must have a sign visible from the outside which identifies the motor vehicle dealership. An established place of business shall include an indoor show room capable of displaying at least one vehicle. It shall also have indoor office and public areas sufficient to conduct sales transactions with customers, and have restroom facilities available for the public. The established place of business shall also include a service and parts area, separated from the public areas, equipped with tools, equipment, and replacement parts necessary for reasonably expected warranty and service needs, and equipped with the means to vent exhaust directly from vehicles being repaired to the outside. The Commission may waive one or more of the requirements provided for in this Section. This definition is intended to clarify and supplement the language in 47 O.S. Supp. 2001, Section 565 (7)(b), (as amended).
Amended at 18 Ok Reg
				  2213, eff 6-11-01; Amended at 24 Ok Reg 1108, eff
				  5-11-07
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 1 - General Provisions › Section 465:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to implement the intent of the
				  legislature as declared in the Oklahoma Motor Vehicle Commission Law by
				  regulating the advertising of Commission licensees by requiring truthful and
				  accurate advertising practices for the benefit of the citizens of this
				  State.
Added at 9 Ok Reg 1587,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-1 - General prohibition

Current through Vol. 41, No. 20, July 1, 2024
A licensee shall not use false or misleading
				  advertising.
Added at 9 Ok Reg 1588,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-2 - Availability of vehicles

Current through Vol. 41, No. 20, July 1, 2024
(a)
Specific advertising.
A licensee may advertise a price, payment,
				or savings claim for a specific vehicle or line-make of vehicles for sale if:
(1) the specific vehicle or line is in the
				possession of the licensee at the time the advertisement is placed, or the
				vehicle may be obtained from the manufacturer or distributor or some other
				source, and this information is disclosed in the advertisement; and,
(2) the advertisement discloses the number of
				vehicles available for the advertised price or savings. This requirement shall
				be met by the following:
(A) if the advertised
				price or savings claim pertains to only one specific vehicle, that vehicle's
				stock number must be disclosed; or,
(B) if the advertised price or savings claim
				pertains to multiple vehicles, the disclosure must contain either the number of
				vehicles available or verbiage such as "many available" or "several to choose
				from".
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-3 - Accuracy

Current through Vol. 41, No. 20, July 1, 2024
All advertised statements shall be accurate, clear and
				  conspicuous.
Added at 9 Ok Reg 1588,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-4 - Bait advertisement

Current through Vol. 41, No. 20, July 1, 2024
Any advertising of a "Bait" or "Bait and switch" nature is
				  prohibited.
Added at 9 Ok Reg 1588,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-5 - Layout

Current through Vol. 41, No. 20, July 1, 2024
The layout, headlines, illustrations, or type size of a printed advertisement and the broadcast words or pictures of radio/TV/internet advertisements shall not convey or permit an erroneous or misleading impression as to which vehicle or vehicles are offered at featured prices. No advertised offer, expression, or display of price, terms, down payment, trade-in allowance, cash difference, savings, or other such material terms shall be misleading and any necessary qualifications shall be clearly, conspicuously, and accurately set forth to prevent any misunderstandings.
Added at 9 Ok Reg 1588,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-6 - Manufacturer's suggested retail price

Current through Vol. 41, No. 20, July 1, 2024
The suggested retail price of a new motor vehicle when advertised by a manufacturer, distributor shall include all costs and charges for the vehicle advertised, except that destination and dealer preparation charges, and state and local taxes, title, and license fees may be excluded from such price, provided that the advertisement conspicuously states that such costs and charges are excluded. However, with respect to advertisements placed with local media in Oklahoma by a manufacturer, distributor, or advertising association which include the names of the local dealers for the vehicles advertised, if the price of a vehicle is stated in the advertisement, such price must include all costs and charges for the vehicle advertised, including destination and dealer preparation charges and may exclude only state and local taxes, license, and title fees. MSRP is an exact price and may not be inflated arbitrarily, or otherwise misrepresented by a manufacturer, distributor or dealer.
Added at 9 Ok Reg 1588,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-7 - Dealer price advertising

Current through Vol. 41, No. 20, July 1, 2024
(a)
Selling price.
The most
				conspicuous price or payment of a new motor vehicle, when advertised by a
				dealer, must be the full and total selling price for which the dealer will sell
				the vehicle to any retail buyer. The only charges that may be excluded from the
				advertised price or payment are: taxes, title and license fees.
(b)
Qualification.
A
				qualification may not be used when advertising the price of a vehicle such as
				"with trade", "with acceptable trade", "with dealer-arranged financing", or
				"with down payment".
(c)
Rebate or incentive claim.
If an advertised price includes any
				rebates, cash back, or other incentives, the ad must clearly disclose that the
				price includes the rebate or incentive.
(d)
Rebates only available to select
				consumers.
The most conspicuous price or payment of a new motor vehicle,
				when advertised by a dealer, must be the true price that is available for every
				consumer. Rebates that are only available to select consumers shall either be
				presented as additional savings to the select group, or presented as separate
				prices or payments which clearly identify to whom the price or payment
				applies.
Added at 9 Ok Reg 1589,
				  eff 4-27-92; Amended at 18 Ok Reg 2214, eff 6-11-01; Amended at 24 Ok Reg 1110,
				  eff 5-11-07; Amended at 28 Ok Reg 1074, eff
				  6-11-11
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-8 - Identification

Current through Vol. 41, No. 20, July 1, 2024
(a) When the price,
				payment or savings claim of a vehicle is advertised, the following must be
				conspicuously disclosed adjacent to the price, payment, or savings claim:
(1) model year;
(2) make;
(3) model name, or style name; and
(4) if the advertised new vehicle had been in
				prior service as a demonstrator, service loaner, factory program vehicle, or
				any other similar use, if known by the dealer, it must be identified as
				such.
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-9 - Demonstrators, executives and officials vehicles [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 1589,
				  eff 4-27-92; Revoked at 28 Ok Reg 1074, eff
				  6-11-11
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-10 - Auction

Current through Vol. 41, No. 20, July 1, 2024
Terms such as "auction" or "auction special" and other terms
				  of similar import shall be used only in connection with a vehicle offered or
				  sold at a bona fide auction.
Added at 9 Ok Reg 1589,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-11 - Authorized dealer

Current through Vol. 41, No. 20, July 1, 2024
The term "authorized dealer" or a similar term or indication
				  shall not be used unless the advertising dealer holds a franchise and a license
				  to sell at the advertised location those vehicles he is holding himself out as
				  "authorized" to sell.
Added at 9 Ok Reg 1589,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-12 - Lease advertisements

Current through Vol. 41, No. 20, July 1, 2024
Vehicle lease advertisements shall clearly and conspicuously
				  disclose that the advertisement is for the lease of a vehicle. Statements such
				  as "alternative financial plan", "drive away for $ ___per month", or other
				  terms or phrases that do not use the term "lease", do not constitute adequate
				  disclosure of a lease. Lease terms that are not available to the general public
				  shall not be included in advertisements directed at the general public. All
				  limitations and qualifications applicable to the lease terms advertised shall
				  be clearly and conspicuously disclosed as per Federal Trade Commission
				  Regulation "M".
Added at 9 Ok Reg 1589,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-13 - Payment disclosure

Current through Vol. 41, No. 20, July 1, 2024
All payment advertising shall be in compliance with Federal
				  Trade Commission Regulations "M" (Lease Regulation) and "Z" (Truth in Lending
				  Act).
Added at 9 Ok Reg 1589,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 3 - Specific Advertising Regulations › Section 465:15-3-15 - Dealership name

Current through Vol. 41, No. 20, July 1, 2024
All advertisements must conspicuously display the name of the
				  new motor vehicle dealership.
Added at 22 Ok Reg 1342,
				  eff 5-26-05
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 5 - Finding of Violation and Enforcement › Section 465:15-5-1 - Violation [RENUMBERED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 9 Ok Reg 1590,
				  eff 4-27-92; Renumbered to 465:15-5-1.2 at 26 Ok Reg 1317, eff
				  5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 5 - Finding of Violation and Enforcement › Section 465:15-5-1.1 - Enforcement

Current through Vol. 41, No. 20, July 1, 2024
Upon an allegation, by the Commission staff or by a person or
				  entity, that an advertisement may be in violation of a rule as referenced in
				  this Chapter, the Executive Director, or his designee, will investigate the
				  allegation to determine if the advertisement is a potential violation. The
				  Executive Director, or his designee, will determine the action to be taken,
				  which may include correspondence to the dealer, an offer to enter into a
				  proposed agreed settlement requiring acceptance by the Commission, or to
				  schedule a hearing in accordance with OAC
				  465:1-7-3.
				  The Commission has the authority, under Title 47, Sections 565 and 566, to
				  schedule a hearing at any time concerning alleged advertising
				  violations.
Added at 26 Ok Reg 1317,
				  eff 5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 5 - Finding of Violation and Enforcement › Section 465:15-5-1.2 - Violation

Current through Vol. 41, No. 20, July 1, 2024
The violation of an advertising rule shall be considered by
				  the Commission as a violation of the Oklahoma Motor Vehicle Commission Law,
				  created by Title 47 of Oklahoma State Statute. In addition to the specific
				  advertising regulations, referenced in Subchapter 3, any other advertising or
				  advertising practices found by the Commission to be false or misleading shall
				  be deemed violations of the law, and shall also be considered violations of the
				  general prohibition.
Added at 26 Ok Reg 1317,
				  eff 5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 5 - Finding of Violation and Enforcement › Section 465:15-5-2 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall be held to be in violation of the foregoing
				  rules of this Chapter including the general prohibition, referenced in OAC
				  465:15-3-1,
				  except upon a finding thereof made by the Commission after notice and hearing
				  as provided in the Oklahoma Motor Vehicle Commission Law.
Added at 9 Ok Reg 1590,
				  eff 4-27-92
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 7 - Enforcement [Revoked] › Section 465:15-7-1 - Purpose [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 2761,
				  eff 7-1-98; Amended at 20 Ok Reg 1004, eff 5-12-03; Revoked at 26 Ok Reg 1317,
				  eff 5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 15 - Advertising › Subchapter 7 - Enforcement [Revoked] › Section 465:15-7-2 - Enforcement procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 15 Ok Reg 2761,
				  eff 7-1-98; Amended at 20 Ok Reg 1004, eff 5-12-03; Amended at 24 Ok Reg 1110,
				  eff 5-11-07; Revoked at 26 Ok Reg 1317, eff
				  5-26-09
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 20 - Temporary License Plates › Subchapter 1 - General Provisions › Section 465:20-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been adopted for the purpose
				  of complying with the provisions of 75 O.S. Section 250 et. seq. and 47 O.S.
				  Section 1137.3, as amended. This chapter will provide a description of the
				  design and use of the temporary license plate for dealers who sell new motor
				  vehicles, travel trailers, or commercial trailers.
Added at 25 Ok Reg 286,
				  eff 10-2-07 (emergency); Added at 25 Ok Reg 1411, eff
				  5-26-08
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 20 - Temporary License Plates › Subchapter 3 - Design and Placement › Section 465:20-3-1 - Form and substance of the temporary license plate

Current through Vol. 41, No. 20, July 1, 2024
(a)
Plate size.
The temporary
				license plate for all new motor vehicles, travel trailers, and commercial
				trailers, except motorcycles and scooters, shall be 11 ½ inches in
				length and 6 inches in height.
(b)
Cycle plate size.
A temporary license plate for new motorcycles
				and scooters shall be 7 inches in length and 4 inches in height.
(c)
Substance.
The temporary
				license plate shall be of a weatherproof non-glare plastic-impregnated white
				substance with ink absorbing characteristics capable of withstanding continual
				exposure to the natural elements such as water, mud and wind, without the loss
				of form or content for a period in excess of thirty (30) days.
(d)
Fastening.
Fastener holes
				for placing the temporary license plate to the vehicle shall be at an
				appropriate location for use of the factory installed mounting holes on the
				vehicle on which the temporary license plate shall be placed.
Added at 25 Ok Reg 286,
				  eff 10-2-07 (emergency); Added at 25 Ok Reg 1411, eff
				  5-26-08
Oklahoma Administrative Code › Title 465 - Oklahoma Motor Vehicle Commission › Chapter 20 - Temporary License Plates › Subchapter 3 - Design and Placement › Section 465:20-3-3 - Location of the temporary license plate

Current through Vol. 41, No. 20, July 1, 2024
Upon the sale of a new motor vehicle, the temporary license
				  plate shall be placed on the vehicle at the location provided for the permanent
				  license plate, and shall be securely fastened so that all of the required
				  information remains visible while the vehicle is in motion on streets and
				  highways.
Added at 25 Ok Reg 286,
				  eff 10-2-07 (emergency); Added at 25 Ok Reg 1411, eff
				  5-26-08
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 475:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma State Bureau of Narcotics and Dangerous Drugs
							Control (OBN) is authorized by Title 63 of the Oklahoma Statutes to enforce the
							Uniform Controlled Dangerous Substances Act (UCDSA) of the State of Oklahoma.
							The OBN also has the authority to investigate criminal offenses related to
							human trafficking and money laundering.
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 1 - General Provisions › Section 475:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Agent"
means a peace officer appointed by and who acts on behalf of the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control or an authorized person who acts on behalf of or at the direction of a person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes controlled dangerous substances but does not include a common or contract carrier, public warehouser or employee thereof, or a person required to register under the Uniform Controlled Dangerous Substances Act. With regard to an authorized person who acts on behalf of or at the direction of a person who manufactures, distributes, dispenses, prescribes, administers, or uses for scientific purposes controlled dangerous substances, the term "agent" does not include contractors, subcontractors, or their employees.
"Applicant"
means the person(s) seeking registration with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control and includes all beneficial owners of any legal entity where ownership disclosure is a legal requirement or condition to any licensing or registration.
"Beneficial Owner"
means the natural person(s) who ultimately own or control a legal entity, as well as the natural person(s) on whose behalf a business is conducted including those natural persons who exercise ultimate effective control over a legal entity or arrangement. This includes, but is not limited to, all natural persons:
(A) Who contribute cash, property, or services to receive a membership or ownership interest in a legal entity;
(B) Who becomes a member of the legal entity without acquiring a membership or ownership interest;
(C) Who are managers of the legal entity;
(D) Who have voting rights in the legal entity;
(E) Who receive profits, losses, or distributions of the legal entity;
(F) Who make capital contributions to the legal entity; or
(G) Who receive capital interest from the legal entity.
"Registrant"
means a person, persons, corporation or other entity who has been issued by the Director of the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control a registration pursuant to  Section  2-302   of Title 63 of the Oklahoma Statutes and includes all beneficial owners of any legal entity where ownership disclosure is a legal requirement or condition to any licensing or registration.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 3 - Open Records Act › Section 475:1-3-1 - Open Records Act

Current through Vol. 41, No. 20, July 1, 2024
Title 51 Okl.St.Ann.  §
									24(A)(2)   states: "Thus, it is the public policy of the State of Oklahoma that the people are vested with the inherent right to know and be fully informed about their government. The purpose of this act is to ensure and facilitate the public right of access to and review of government records so they may efficiently and intelligently exercise their inherent political power." Since § 24(A)(3) of the same title defines the OBN as a law enforcement agency, § 24(A)(8) specifies records must be made available to the public, if kept. In compliance with this act, the OBN has promulgated the following rules:
(1) Information requests can be made and will be processed from 8:30 A.M. to 5:00 P.M. Monday through Friday (except for authorized holidays).
(2) Information retrieval shall be conducted by OBN personnel to maintain the security of the agency.
(3) A fee of $0.20 per page will be assessed as direct costs of document reproduction, unless the request for information is such that requires an extensive use of OBN personnel to search the records, at which time $0.50 per page will be charged. Payment can be made by money order, cashier's check or cash. Cash payment will not be accepted through the mail.
(4) The supervisor of OBN's Communications and Records Section, OBN Attorney(s), the OBN Public Information Officer, or OBN Director designee shall be authorized to release the records.
(5) The rules set out in this Chapter shall not alter any existing OBN policy about providing information to other state or law enforcement agencies.
(6) The policy of this Section shall not alter any existing policy about how long records are retained by OBN and shall not change the existing policy regarding release of information about juveniles.
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 475:1-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Subchapter explain the administrative hearing process at the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control when said agency seeks to limit, condition, suspend, revoke or deny the renewal of an OBN registration and/or impose a fine.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Subchapter explain the administrative
							hearing process at the Oklahoma State Bureau of Narcotics and Dangerous Drugs
							Control when said agency seeks to limit, condition, suspend, revoke or deny an
							OBN registration and/or impose a fine.
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 475:1-5-2 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
At any hearing for the limitation, conditioning, denial of renewal application, suspension or revocation of a registration, or the assessing of a fine the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have the burden of proving by clear and convincing evidence, except where statute has expressly provided for a different burden of proof, that the requirements for such registration are not satisfied pursuant to Title 63 O.S.  §§
									2-302  through  2-304.
Oklahoma Administrative Code › Title 475 - Oklahoma State Bureau of Narcotics and Dangerous Drugs Control › Chapter 1 - Administrative Operations › Subchapter 5 - Administrative Actions › Section 475:1-5-2 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
At any hearing for the limitation, conditioning, denial,
							suspension or revocation of a registration, or the assessing of a fine the
							Oklahoma State Bureau of Narcotics and Dangerous Drugs Control shall have the
							burden of proving by clear and convincing evidence that the requirements for
							such registration are not satisfied pursuant to Title 63 O.S. §§2-302
							through 2-304 .
Amended at 12 Ok Reg
							2833, eff 7-15-95; Amended at 18 Ok Reg 2217, eff
							6-11-01