reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-6 - Procedures for copying records

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requests for copies.
To obtain a copy of a public record in the possession of the Commission, the person requesting the copy shall deliver a written request to the Record Custodian responsible for the requested record designated in 432:1-7-3; except that a written request shall not be required for requests made for records which have been reproduced for free public distribution. The designation REQUEST FOR RECORD COPY shall be legibly written or typed at the top of the request. Such request shall be accompanied by the fees set forth in 432:1-7-7. All record copy requests must be completed by the person requesting the record and signed by the individual making the request. The Record Custodian may demand reasonable identification of any person requesting a record.
(b)
Responsibility for making copies.
All copies of public records shall be performed by the Record Custodian in the offices of the Commission except where the Record Custodian determines that the size or the volume of records to be copied warrants sending the record outside the Commission for copying, in which event the copies shall be made at a place selected by the Record Custodian and under the supervision of the Record Custodian.
(c)
Identification of records.
A written request for copies of a record shall reasonably describe the record sought. In instances where the person requesting the copies cannot provide sufficient information to identify a record, the Record Custodian shall assist in making such identification.
(d)
Delay or denial of requests for copies.
If the record requested is not available for copying at the time requested, within three (3) business days following the day the request for copies is received by the Record Custodian, the Record Custodian shall notify the person requesting the copies:
(1) that the record will be available for copying at a later time; or
(2) that the record will not be available for copying.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 1 - Administrative Operations › Subchapter 7 - Procedures for Inspecting and/or Copying Public Records › Section 432:1-7-7 - Fees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Amounts payable.
The following are the fees that shall be charged by the Commission for copying and/or mechanical reproduction of public records and for the search for public records requested by the public pursuant to the Open Records Act; provided, however, no record search and/or copying charge shall be assessed against officers or employees of the Commission who make requests which are reasonably necessary to the performance of their official duties:
(1)
Inspection fees.
No fee shall be charged for inspection of a public record in the offices of the Commission.
(2)
Copying fees.
Fees for copies of public records shall be as provided in the most recent codification of the Open Records Act. These fees are currently:
(A) 81/2" by 14"or smaller-$.25 per page
(B) larger than 8 1/2" b 14"- $1.00 per page
(C) certified copy 8 1/2" by 14" or smaller - $1.00 per page
(D) certified copy larger than 8 1/2" by 14" - $2.00 per page
(3)
Fee for mechanical reproduction.
For copying a public record which cannot be reproduced by photocopying, such as a computer printout or a blueprint, or where the size of the record to be copied warrants sending the record outside for copying, the person requesting the record shall be charged the actual cost to the Commission of such copying, including the cost of labor, materials and equipment.
(4)
Search fee.
If the person requesting a record is using the record solely for a commercial purpose, a search fee shall be charged equal to $20.00 per hour for the time spent by employees in retrieving the record.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 1 - General Provisions › Section 432:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Chapter have been adopted for the purpose of setting forth procedures for the refund of the Fee authorized by 52 O.S., Section 703, on oil and natural gas, including casinghead gas, produced from wells within the State of Oklahoma.
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 1 - General Provisions › Section 432:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
Unless the context clearly indicates otherwise, or unless defined in this Section, terms used in this Chapter, if defined in 52 O.S., Sections 700 through 707, shall have the meanings set forth in such statutes. The following words and terms, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Administrative Fee"
means the three percent (3%) of the Fee received for deposit into the Oklahoma Tax Commission to be retained by the Oklahoma Tax Commission to defray costs of receiving and depositing the Fee.
"Commission"
means the Commission on Marginally Producing Oil and Gas Wells.
"Fee"
means the fee authorized by 52 O.S., Section 703A, to be levied in the amount of two-tenths of one cent ($0.002) on each barrel of petroleum liquid and one-tenth of one cent ($0.001) on each ten thousand (10,000) cubic feet of natural gas, including casinghead gas, produced from each well in the State of Oklahoma except for oil and gas production exempt from the payment of gross production tax pursuant to Section 1001 of Title 68 of the Oklahoma Statutes.
"Refund"
means the refund of the Fee authorized by 52 O.S., Section 704.
"Refund Committee"
means the committee appointed by the Commission to review Refund requests. The Refund Committee shall consist of a chairman designated by the Commission and at least two (2) other members and the Executive Director serving in an ex-officio capacity.
"Revolving Fund"
means the fund established in the State Treasury for the Commission to be designated the "Commission on Marginally Producing Oil and Gas Wells Revolving Fund."
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 3 - Refund Procedures › Section 432:10-3-1 - Payment of Fee

Current through Vol. 41, No. 20, July 1, 2024
(a) The Fee shall be deducted from the proceeds of production by the person or entity remitting gross production tax to the Oklahoma Tax Commission pursuant to Section 1001 of title 68 of the Oklahoma Statutes, and shall be remitted to the Oklahoma Tax Commission in the same manner as provided by law for the payment of gross production tax.
(b) The Fee is not required to be remitted until such Fee reaches the cumulative total of Twenty-five Dollars ($25.00), except that any amount accrued for any calendar year shall be remitted to the Oklahoma Tax Commission by January 31 of the following year.
(c) Fees are subject to the Administrative Fee.
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 3 - Refund Procedures › Section 432:10-3-2 - Collection of Fee

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall be responsible for taking appropriate legal actions to collect any Fee not paid or which was not properly paid.
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 3 - Refund Procedures › Section 432:10-3-3 - Refund requests

Current through Vol. 41, No. 20, July 1, 2024
(a) Any party subject to the Fee authorized by 52 O.S., Section 703 may request a Refund of said Fee. A party may request a Refund only for net production actually owned by that party. A party which redistributes production proceeds to a third party (or third parties) may not claim a Refund for or on behalf of those third parties. The third parties must apply for their own Refund.
(b) Requests for a Refund shall be submitted to the Commission during the first three (3) calendar months following the calendar year for which the Refund is sought.
(c) Requests for a Refund shall be made to the Commission at Sarkeys Energy Center, 100 E. Boyd, Suite 510A, Norman, Oklahoma 73019-0628.
1
(d) Requests for a Refund must be submitted on a form prescribed by the Commission and shall contain, at a minimum, the following information:
(1) a description of the producing property generating the production for which the Refund is requested, name of well or unit, and the Oklahoma Tax Commission assigned production unit number;
(2) the total amount of the Refund requested;
(3) the gross amount of oil and/or gas revenue received during the calendar year for which the Refund is being requested;
(4) the name and address of the purchasers who collected the Fee;
(5) the name and address of the party from whom the Fee was collected;
(6) a self-addressed envelope bearing the address of the party to receive the Refund;
(7) Social Security Number or Tax Identification Number of the requesting party.
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 3 - Refund Procedures › Section 432:10-3-4 - Affidavit

Current through Vol. 41, No. 20, July 1, 2024
An affidavit attesting to the accuracy of the Refund request, including the Refund amount requested, and a statement certifying to the Commission that the party seeking a Refund is the owner of the oil, natural gas or condensate for which the Refund is request must accompany the request. The affidavit shall be notarized and shall be sworn to and signed by the party seeking the Refund under penalty of law. In the event an agent of the owner of the production or production proceeds requests the Refund, a power of attorney or other documentation demonstrating the agent's authority to act on behalf of the owner must be attached to the affidavit.
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 3 - Refund Procedures › Section 432:10-3-5 - Interest on Refund

Current through Vol. 41, No. 20, July 1, 2024
No interest shall be paid on any Refund.
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 432 - Commission on Marginally Producing Oil and Gas Wells › Chapter 10 - Refund of Fees › Subchapter 3 - Refund Procedures › Section 432:10-3-6 - Effect of denial of request

Current through Vol. 41, No. 20, July 1, 2024
Any party denied a Refund, in whole or in part, may request a hearing in accordance with the Commission's Chapter 1 Rules. Such request for a hearing must be received by the Commission's Executive Director no less than ten (10) days after receipt of the notice of Refund denial.
Added at 11 Ok Reg 1963, eff 4-20-94 through 7-14-95 (emergency); Added at 12 Ok Reg 3372, eff 8-25-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-1.1 - 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:
"Act"
means the Oklahoma Allopathic Medical and
				Surgical Licensure and Supervision Act, 59 O.S. §§480
et
				seq.
"Board"
means the Oklahoma Board of Medical
				Licensure and Supervision.
"Board offices"
or
"Board's office"
means the offices of the Board at which business of the Board is
				conducted.
Added at 11 Ok Reg 4525,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1209, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-2 - Description of organization

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 The Board is created by the Oklahoma Legislature, 59 O.S. Section 481 . The
			 Board has the authority and duty to regulate and administer the practice of
			 allopathic medicine in this state and related practice placed under the
			 authority of the Board by the Oklahoma Legislature.
(b) The Board consists of nine (9) members
			 who are qualified and appointed in accordance with the provisions of 59 O.S.
			 Section 482 . The two (2) lay members of the Board, appointed in accordance
			 with 59 O.S. §481, shall participate in all matters before the
			 Board.
(c) The powers and duties of
			 the Board are set forth in the Act, the Physical Therapy Practice Act, 59 O.S.
			 Sections 887.1 through 887.17, the Registered Electrologist Act, 59 O.S.
			 Sections 536.1 through 536.14, the Occupational Therapy Practice Act, 59 O.S.
			 Sections 888.1 through 888.16, the Registered Dietitian Act, 59 O.S. Sections
			 1721 through 1740, the Athletic Trainers Act, 59 O.S. Sections 525 through 535,
			 the Physician Assistant Act, 59 O.S. Sections 519 through 524, the Respiratory
			 Care Practice Act, 59 O.S. Sections 2026 through 2045, the Oklahoma Licensed
			 Pedorthists Act, 59 O.S. Sections 2301 through 2308, and the Orthotics and
			 Prosthetics Practice Act, 59 O.S. Sections 3001 through 3008 as
			 amended.
Amended at 11 Ok Reg 4525,
				eff 7-27-94 (emergency); Amended at 12 Ok Reg 1209, eff 5-11-95; Amended at 16
				Ok Reg 1999, eff 6-14-99; Amended at 21 Ok Reg 1047, eff
				5-14-04
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-3 - Method of operations

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 central office of the Oklahoma State Board of Medical Licensure and Supervision
			 is located in Oklahoma City, Oklahoma. The central office will be open during
			 regular business hours as determined by the Board, each day except Saturday and
			 Sunday and any legal holiday established by statute or proclamation of the
			 Governor.
(b) The Board may open
			 branch offices with location and hours of operation to be determined by the
			 Board.
(c) Every communication in
			 writing to the Board shall be addressed to the Board at the Board's central or
			 branch office(s) unless the Board directs otherwise.
(d) The Board shall hold meetings in
			 accordance with the Oklahoma Open Meetings Act. Special meetings may be called
			 by the President and Secretary of the Board. Five (5) members of the Board
			 constitute a quorum and may transact any business or hold any hearing by simple
			 majority vote of a quorum.
(e) All
			 rules and other written statements of policy or interpretations formulated,
			 adopted or used by the Board in the discharge of its functions and all final
			 orders, decisions, and opinions will be made available for public inspection
			 during regular office hours at the Board's central office or branch office(s)
			 when electronically feasible.
(f)
			 All records of the Board which are public records pursuant to the Oklahoma Open
			 Records Act shall be available for public review and copying during regular
			 business hours at the Board's central office or branch office(s) when
			 electronically feasible. Copies shall be available only upon appropriate
			 arrangements for payment of applicable fees. Records of the Board which are
			 subject to a permissive or mandatory privilege of confidentiality shall not be
			 released to the public; provided that the Secretary of the Board or the
			 Executive Director of the Board may, upon request, allow records subject to a
			 permissive privilege of confidentiality to be open for public review and
			 copying. It is the policy of the Board to maintain as confidential all patient
			 records held by the Board in any file, pursuant to 12 O.S. §2503, to every
			 extent possible under law. It is the position and determination of the Board
			 that investigative files of the Board are confidential under the Open Records
			 Act.
(g) In the event the Board
			 convenes a meeting by teleconference, the Board shall provide adequate space
			 for any person to listen and view the meeting via appropriate audio and video
			 equipment.
Amended at 11 Ok Reg 4525,
				eff 7-27-94 (emergency); Amended at 12 Ok Reg 1209, eff 5-11-95; Amended at 13
				Ok Reg 761, eff 10-24-95 (emergency); Amended at 13 Ok Reg 1691, eff 5-25-96;
				Amended at 14 Ok Reg 3538, eff 7-1-97 (emergency); Amended at 15 Ok Reg 2016,
				eff 5-26-98
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-4 - Individual proceedings [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 11 Ok Reg 4155,
				eff 6-21-94 (emergency); Revoked at 12 Ok Reg 1209, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-5 - Media coverage of Board meetings

Current through Vol. 41, No. 20, July 1, 2024
Board meetings, or any portion thereof, may be broadcast,
				televised, recorded, or photographed in accordance with the following
				guidelines.
(1) The presiding officer
			 of the Board, or his designee, shall designate a reasonable location or
			 locations within the meeting room from which the broadcasting, televising,
			 recording or photographing may take place.
(2) The broadcasting, televising, recording
			 or photographic equipment employed at the Board meeting shall be silent and
			 unobtrusive so as not to interfere with any individual's ability to hear, see
			 and participate in the meeting and so as not to interfere with the orderly
			 transaction of Board business.
(3)
			 If the presiding officer, or his designee, determines that any such
			 broadcasting, televising, recording or photographing is interfering with the
			 orderly transaction of Board business, the presiding officer, or his designee,
			 may limit such broadcasting, televising, recording or photographing to allow
			 the orderly transaction of Board business.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-7 - Fees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fee
			 schedule.
The Board shall fix the amount of the fees so that the total
			 fees collected will be sufficient to meet the expenses of administering the
			 provisions as set for in Title 59 O.S., Section
			 495c
			 and
			 511 of
			 the Oklahoma Allopathic Medical and Surgical Licensure and Supervision Act
			 provided, the Board shall not set the fees at an amount in excess of the
			 amounts listed in this subsection.
(1)
Licensure/registration.
The following fees shall be assessed for
			 licensure and registration:
(A) Medical
			 Doctor - Full license
(i) Application
			 processing fee - $500.00
(ii)
			 Reprocessing fee - $125.00
(iii)
			 Temporary license - $250.00
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-8 - Reporting information to Board

Current through Vol. 41, No. 20, July 1, 2024
The following entities are required to report within 30 days
				after action is taken, to the Oklahoma State Board of Medical Licensure and
				Supervision in the manner prescribed as follows:
(1) Each entity (including an insurance
			 company) which makes payments in satisfaction of judgment in a medical
			 malpractice action or claim shall report the name of the physician, the amount
			 of the payment, the name(s) of any hospital(s) with which the physician is
			 associated or affiliated, a description of the acts or omissions and injuries
			 or illness upon which the action or claim was based and any other information
			 deemed necessary and requested by the Board.
(2) Each health care entity that takes a
			 professional review action that adversely affects the clinical privileges of a
			 physician for longer than 30 days, shall report to the Board name, description,
			 other information.
(3) Each health
			 care entity that accepts the surrender of clinical privileges by a physician
			 while said physician is under investigation by the entity relating to possible
			 incompetence or improper professional conduct, shall report to the Board name,
			 description, other information.
(4)
			 Each health care entity that accepts the surrender of clinical privileges by a
			 physician in exchange for not conducting an investigation of possible
			 incompetence or improper professional conduct, shall report to the Board name,
			 description, other information.
(5)
			 Any professional society or association which takes professional review action
			 which adversely affects the membership of the physician shall report to the
			 Board name, description, other information. [Reference: PL 99-660, Sec. 401,
			 Title IV 42 U.S.C. 11, 101 et seq., part B - Reporting of
			 Information]
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-9 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
			 individual or group may petition the Board for a declaratory ruling as to the
			 applicability of any statute, rule or order of the Board. Any other individual
			 or group may file a response thereto.
(b) All petitions filed for a declaratory
			 ruling by the Board shall set out fully the views of the petitioner giving any
			 reasons and citations of legal authority he has in support of such
			 views.
(c) The Board may request
			 the petitioner, or any respondent, to present witnesses on any facts involved
			 in the petition, or legal memorandum with citations of authority on any legal
			 issues involved in his petition.
(d) The Board may initially assign a petition
			 for declaratory ruling to an appropriate advisory committee and/or board
			 subcommittee for its review and for a recommendation. The advisory committee
			 and/or board subcommittee may hold hearings, take testimony, or require any
			 legal memorandums that the Board may require. The findings or recommendation of
			 any advisory committee or board subcommittee is not binding on the Board en
			 banc.
(e) The Board shall give
			 reasonable notice to the petitioner and any respondents in advance of making a
			 final ruling and shall accompany any ruling with written findings of fact and
			 conclusions of law.
Amended at 11 Ok Reg 4525,
				eff 7-27-94 (emergency); Amended at 12 Ok Reg 1209, eff
				5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 1 - Administration and Organization › Section 435:1-1-10 - Duties of the Secretary/Medical Advisor

Current through Vol. 41, No. 20, July 1, 2024
(a) The Secretary/Medical Advisor of the
			 Board is hereby hired to perform duties to include, but not be limited to, the
			 following:
(1) Perform all duties and
			 obligations specified in Oklahoma statutes and elsewhere in the Board
			 rules.
(2) Function on behalf of
			 the Board and represent the Board in all matters in the interim period between
			 Board meetings.
(3) Make final
			 review and sign all licenses and certificates.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 1 - Purpose and Definitions › Section 435:3-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to set forth the procedures of
				  the Board used in the investigation of and hearings held for complaints and
				  individual proceedings.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 1 - Purpose and Definitions › Section 435:3-1-2 - 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:
"Act"
means the Oklahoma Medical Practice Act,
				  59 O.S.1991, §§ 481,
et seq.,
as amended, or any health
				  profession act over which the Board has regulatory jurisdiction.
"APA"
means Article I and/or Article II of the
				  Administrative Procedures Act, 75 O.S.1991, §§ 250, et seq.
"Board"
means the Board of Medical Licensure and
				  Supervision.
"Complaint"
means a written or oral statement of
				  alleged violation of the Act by a person licensed or certified by the Board and
				  which is filed with the Secretary in anticipation of a citation. This
				  definition is distinct from
"citizen complaint,"
which refers to a
				  written or oral statement of violation of the Act prior to investigation by the
				  Staff and submission to the Secretary.
"Defendant"
means the person against whom an
				  individual proceeding is initiated.
"Executive Director"
means the Executive
				  Director of the Board.
"Hearing"
means the trial mechanism employed by
				  the Board to provide Due Process to a defendant in an individual
				  proceeding.
"Individual proceeding"
means the formal process
				  by which the Board takes administrative action against a person licensed or
				  certified by the Board in accordance with the Act and the APA.
"Secretary"
means the Secretary of the
				  Board.
"Staff"
means the personnel of the
				  Board.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-1 - Investigations

Current through Vol. 41, No. 20, July 1, 2024
Any person may file a complaint with the Board in regard to
				  any person licensed or certified by the Board. Complaints may be written or
				  oral. The Staff may require complainants to reduce oral complaints to writing.
				  The Staff may inquire of a complainant for any additional useful information
				  related to the complaint. The Staff shall investigate all credible complaints
				  over which the Board would reasonably have jurisdiction. In addition, the Staff
				  may refer complaints to other entities, such as the Oklahoma State Bureau of
				  Investigation, Oklahoma Bureau of Narcotics and Dangerous Drugs, appropriate
				  District Attorney or Oklahoma State Medical Association, for action when the
				  Board lacks jurisdiction. Further, the Staff may report alleged criminal
				  violations to appropriate law enforcement agencies.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-2 - Confidentiality during investigations

Current through Vol. 41, No. 20, July 1, 2024
During the conduct of any investigation, the investigative
				  staff shall take all proper and necessary action to ensure the confidentiality
				  of investigative files, in accordance with the Oklahoma Open Records Act, 51
				  O.S.1991, §§ 24a.1
et seq.
In particular, staff shall
				  take all necessary action to ensure patient files obtained by the agency during
				  an investigation shall not be disclosed to the public. The investigative staff
				  shall emend all copies of patient records used during an investigation to
				  delete, redact, black-out or otherwise render unreadable the name and other
				  identification information of a patient, unless that information is pertinent
				  to the hearing and reasonable efforts have been made by the Staff to secure the
				  cooperation of the patient or the patient's parent or
				  guardian.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-3 - Confidentiality during hearings

Current through Vol. 41, No. 20, July 1, 2024
During a hearing before the Board or presentation of a
				  witness before the Trial Examiner, patient records necessary for use in the
				  hearing shall be so marked as to ensure the confidentiality of the patient
				  where disclosure of the patient's identity is not pertinent to the hearing. In
				  addition, a witness who is or was a patient of a physician before the Board may
				  assume a pseudonym to protect the patient's identity. No patient shall be
				  required to identify himself or herself. In the event of a minor patient, a
				  parent or guardian shall be inquired of as to identification of the
				  minor.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-4 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual
				proceeding, whether initiated by the Board or by a citizen complainant shall be
				initiated by the filing of a sworn complaint with the Secretary of the Board.
				The complaint shall contain a brief statement setting forth the allegations
				which are the basis of the complaint and naming the person against whom the
				complaint is made. The complaint shall set forth all notice and hearing
				requirements of the APA.
(b) After
				a complaint has been filed in accordance with (a) of this section, the
				Secretary of the Board shall review the complaint and may issue a citation
				notifying the person named in the complaint of said filing and the date and
				place of the hearing.
(c) The
				decision whether to issue a citation shall be left to the discretion of the
				Secretary.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-5 - Notices

Current through Vol. 41, No. 20, July 1, 2024
(a) All notices or
				other papers, motions or documents which require service in an individual
				proceeding may be served personally or by certified mail to the defendant's
				last known address filed with the Board.
(b) If the Board is unable to provide service
				upon the defendant by either means provided in (a) of this section, after the
				exercise of due diligence, the Board may provide notice by publication in a
				newspaper for such time as the Secretary of the Board may direct as most likely
				to give opportunity for notice to the defendant.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-6 - Service of notice

Current through Vol. 41, No. 20, July 1, 2024
Service of notice shall be complete upon personal service,
				  upon receipt by the Board of the card showing receipt of certified mail by the
				  addressee, or upon the posting of notice or last publication thereof, as the
				  case may be.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-7 - Hearing date

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon the
				issuance and service of a complaint and citation to a defendant before the
				Board, the staff of the agency shall assign a tentative hearing date for the
				matter to be presented to the Board.
(b) At the time of the issuance of the
				complaint and citation, a scheduling order shall be mailed to the defendant,
				which shall state the closing date for the exchange of witness and exhibit
				lists, discovery cut-off, the cut-off date for the filing of dispositive
				motions, a pretrial conference set at least fourteen (14) days prior to the
				hearing and other matters necessary to be scheduled which may arise from time
				to time.
(c) Written motions for
				any continuances or extensions of time shall state the time desired and the
				reasons for the request. All such motions shall be filed at the offices of the
				Board. The Secretary of the Board, or the Trial Examiner at the pre-trial
				conference, may receive and rule on motions for continuance filed prior to
				seven (7) days before the hearing date. If the continuance is denied, the party
				may renew the request and move for a continuance at the hearing.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-8 - Response to a complaint

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				defendant shall file a written answer under oath with the Secretary within 20
				days after the service of the citation. If said answer is not filed, the
				defendant shall be considered in default. At the hearing of the complaint, the
				Board may accept the allegations set forth in the complaint as true. Further,
				the Board may then take action against the defendant based upon the complaint,
				which may include any sanction authorized by law, including
				revocation.
(b) The Secretary may
				extend the time within which an answer must be filed.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-9 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
When time permits prior to a hearing, parties to the hearing
				  shall be allowed to use discovery available in a civil action in the District
				  Courts of Oklahoma. The failure of a party to have sufficient time to exercise
				  any discovery mechanism on account of a lack of time shall not of itself
				  constitute good cause for the granting of a continuance of a
				  hearing.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-10 - Motions prior to hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Motions in regard to any matter as set forth on
				435:3-3-13 shall
				be filed with the Trial Examiner at the offices of the Board. The Trial
				Examiner is authorized to schedule oral argument on such motions or may accept
				written argument only. The Order of the Trial Examiner shall be in writing and
				shall be appealable to the Board prior to the hearing. The Trial Examiner shall
				not have authority to dismiss a case or limit what matters are heard by the
				Board.
(b) Motions shall be heard
				and/or ruled upon by the Trial Examiner at the scheduled pretrial
				conference.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-11 - Procedure of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Immediately prior to the calling of the first case at a meeting of the Board
				during which hearings shall be held, the president of the Board or designee may
				conduct a docket call, in which cases to be heard by the Board shall be
				scheduled. Scheduling may take into consideration factors such as anticipated
				length of a hearing, whether a matter is contested or uncontested, and, if
				necessary, special requirements of the parties or witnesses.
(b) The hearing shall be conducted in an
				orderly manner and shall be presided over by the President of the Board, or the
				Vice-President in the absence of the President. In the event of the absence of
				both the President and the Vice-President, the President shall designate a
				member of the Board to preside over the hearing. The burden of proof shall be
				upon the agency to prove the allegations contained in the complaint by clear
				and convincing evidence. The rules of evidence used during the hearing shall be
				those specified by the Oklahoma Administrative Procedures Act.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1245, eff 5-11-95; Amended at 12 Ok
				  Reg 3466, eff 6-26-95 (emergency); Amended at 13 Ok Reg 647, eff 11-21-95
				  (emergency); Amended at 13 Ok Reg 2207, eff 6-26-96; Amended at 13 Ok Reg 2685,
				  eff 6-27-96; Amended at 15 Ok Reg 2017, eff
				  5-26-98
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-12 - Board advisor

Current through Vol. 41, No. 20, July 1, 2024
The Board may utilize a Board Advisor in the course of a
				  hearing/individual proceeding to perform any of the following duties:
(1) To advise the Board on issues of law and
				rules of proceedings;
(2) To
				participate with the Board in the questioning of
				witnesses/applicants;
(3) To advise
				the President on the admissibility of evidence;
(4) To advise the President on motions or
				objections arising in the course of the hearing/individual proceeding;
				and
(5) To accompany the Board into
				Executive Session, provide assistance as legal advisor and take
				minutes.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff 5-11-95; Amended at 21 Ok
				  Reg 1979, eff 5-11-04 (emergency); Amended at 22 Ok Reg 945, eff
				  5-12-05
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-13 - Trial examiner

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Board or the Board Secretary may direct that the Board utilize a Trial Examiner
				to hear matters specified by the Secretary or as authorized by this Chapter.
				Generally, where the Trial Examiner is requested, the duties of the Trial
				Examiner in an individual proceeding shall be:
(1) to hear and rule upon pretrial discovery
				disputes.
(2) to hear and rule on
				Motions in Limine.
(3) to review
				Motions to Dismiss in order to advise the Board on questions of law
				therein.
(4) to hear and rule on
				Motions for Continuance of a hearing (a continuance which is granted by the
				Trial Examiner must be ratified by the Secretary of the Board).
(5) to hear and rule on other preliminary
				motions.
(6) to hear and rule on
				motions to have a Board Member recused from a hearing.
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-14 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
Any defendant who fails to appear as directed, after first
				  having received proper notice, shall be deemed by the Board to have waived his
				  or her right to present a defense to the charges alleged in the complaint, and
				  the Board may deem the allegation of the complaint and citation to be true and
				  correct as alleged. There upon, the Board may vote to take disciplinary action
				  upon the allegations of the complaint and citation, as appropriate for the
				  nature of the allegations.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-15 - Sequestration of witnesses

Current through Vol. 41, No. 20, July 1, 2024
The Board recognizes the difficulty faced by certain
				  witnesses called to testify publicly in disciplinary actions in which a
				  physician or other person regulated by the Board is charged with sexual
				  misconduct or other cases of a particularly sensitive nature to persons of
				  reasonable prudence. The Board authorizes the Secretary to make determinations,
				  whether upon his own initiative, request of the staff, the request of a
				  witness, or otherwise, to allow a witness to testify outside public view. To
				  this end, the Secretary may arrange to have a witness testify in another room
				  of the Board's offices for viewing by the Board via video equipment, or by
				  video deposition, or by written deposition. The witness shall remain subject to
				  cross examination and, where feasible, to questions from the
				  Board.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-16 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
Subpoenas to compel the attendance of witnesses, for the
				  furnishing of information required by the Board, and/or for the production of
				  evidence or records of any kind may be issued by the Secretary, a Board member,
				  or the Trial Examiner. Subpoenas shall be served, and a return made, in any
				  manner prescribed by general civil law.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-17 - Answer to subpoena

Current through Vol. 41, No. 20, July 1, 2024
Upon the failure of any person to obey a subpoena, upon the
				  refusal of any witness to be sworn or make an affirmation or to answer a
				  question put to her/him in the course of a hearing, the Secretary may institute
				  appropriate judicial proceedings under the laws of the State for an order to
				  compel compliance with the subpoena or the giving of testimony. The hearing
				  shall proceed, so far as it is possible but the Board, in its discretion, at
				  any time may continue the proceedings for such time as may be necessary to
				  secure a final ruling in the compliance proceeding.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-18 - Hearing records

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				record of the hearing, by means of tape recording will be made of all hearings
				conducted by the Board. The record of the proceeding shall not be transcribed
				except upon written application by the defendant and a deposit sufficient in
				the amount to pay for having the record transcribed. The Staff shall then make
				appropriate arrangements with a certified court reporter to transcribe the
				hearing from tape.
(b) A defendant
				may, at his or her expense, arrange for a record of the hearing to be made by a
				court reporter.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-19 - Maintenance of hearing records

Current through Vol. 41, No. 20, July 1, 2024
The record of the hearing and the file containing the
				  pleadings will be maintained in a place designated by the Secretary of the
				  Board. The tape recording of the proceedings shall be maintained in accordance
				  with the Oklahoma Archives and Records Act and the Oklahoma Open Records
				  Act.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-20 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
All final orders in individual proceedings shall be in
				  writing. The final order shall include Findings of Fact and Conclusions of Law,
				  separately stated. A copy of the final order shall be mailed to the defendant
				  and to his or her attorney of record.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff
				  5-11-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 3 - Individual Proceedings › Subchapter 3 - Investigations and Hearings › Section 435:3-3-21 - Petition for rehearing

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				petition for rehearing is not required before an appeal may be perfected in
				accordance with 59 O.S.1971, Section 513. A petition for rehearing, reopening
				or reconsideration of a final order may be filed with the Secretary of the
				Board within ten (10) days from the entry of the order. It must be signed by
				the party or his/her attorney or representative and must set forth with
				particularity the statutory grounds upon which it is based. However, a petition
				for rehearing based upon fraud by any party or procurement of the order by
				perjured testimony or fictitious evidence may be filed at any time.
(b) The Board shall not hear an appeal to a
				decision more than one time and shall limit the reconsideration of its decision
				on appeal to the findings of fact and imposition of terms, sanctions or other
				direction as set out in the Board Order.
Added at 11 Ok Reg 4159,
				  eff 6-21-94 (emergency); Added at 12 Ok Reg 1215, eff 5-11-95; Amended at 12 Ok
				  Reg 1219, eff 5-15-95
Oklahoma Administrative Code › Title 435 - State Board of Medical Licensure and Supervision › Chapter 5 - Disciplinary Actions › Section 435:5-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to set forth procedures and
				authority of the Board in regard to action the Board may take in and for
				disciplinary actions taken by administrative procedures against persons
				licensed or certified by the Board.
Added at 11 Ok Reg 4531,
				eff 7-27-94 (emergency); Added at 12 Ok Reg 1221, eff
				5-11-95