reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 7 - Analysis of State DNA Offender Databank Samples › Section 375:30-7-1 - Function; scope

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter outlines the procedures for the analysis of
				  the DNA offender samples received for DNA profiling and placement into the OSBI
				  DNA Offender Database.
Added at 14 Ok Reg 3476,
				  eff 8-11-97; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 7 - Analysis of State DNA Offender Databank Samples › Section 375:30-7-2 - Processing of samples at the OSBI

Current through Vol. 41, No. 20, July 1, 2024
The CODIS laboratory shall cause DNA profiling analysis to be
				  performed on all DNA offender samples received and shall place the DNA profiles
				  into the OSBI DNA offender database.
Added at 14 Ok Reg 3476,
				  eff 8-11-97; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 7 - Analysis of State DNA Offender Databank Samples › Section 375:30-7-3 - Referral of analysis to other private or governmental laboratories

Current through Vol. 41, No. 20, July 1, 2024
(a) The CODIS
				laboratory may submit DNA offender samples to other private or government
				laboratories for DNA analysis.
(b)
				Submission of samples to other laboratories must be approved in advance by the
				Assistant Director of Criminalistics.
(c) The CODIS laboratory will specify
				integrity, quality control, and privacy measures to be employed by the
				laboratory receiving and analyzing the samples.
(d) The CODIS laboratory will specify the
				genetic loci to be profiled and the technology to be used in the analysis of
				the samples.
Added at 14 Ok Reg 3476,
				  eff 8-11-97; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 9 - Removal of DNA Records From State DNA database › Section 375:30-9-1 - Function; scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter outlines the procedures for the removal of a
				  DNA record from the State DNA database.
Added at 14 Ok Reg 3476,
				  eff 8-11-97
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 9 - Removal of DNA Records From State DNA database › Section 375:30-9-2 - Removal of DNA records from the OSBI DNA Offender Database

Current through Vol. 41, No. 20, July 1, 2024
(a) A DNA record can
				only be removed from the OSBI DNA Offender Database upon the subject of the
				record obtaining an order of expungement pursuant to 22 Oklahoma Statutes,
				Sections 18 and 19.
(b) Removal of
				a DNA record from the OSBI DNA Offender Database shall be accomplished by
				removing any ability to connect the profile with the identity of the subject
				offender.
Added at 14 Ok Reg 3476,
				  eff 8-11-97; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-1 - Function; Scope

Current through Vol. 41, No. 20, July 1, 2024
This subchapter outlines the general procedures to be
				  followed, in the absence of more specific administrative rule, in submitting
				  samples or evidence to the OSBI Laboratory and the disposition of such samples
				  or evidence after analysis or testing by OSBI Laboratory.
Added at 17 Ok Reg 2542,
				  eff 6-26-00; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise.
"Criminalistic Examination Report"
means a
				  document prepared by an employee of the OSBI Laboratory reporting any results
				  of test(s) performed on an item(s) of evidence.
"Evidence"
means all tangible materials acquired
				  during the course of an official criminal investigation and submitted to the
				  Oklahoma State Bureau of Investigation Laboratory for forensic analysis.
"Evidence control number"
means a unique number
				  applied at submittal of evidence (except DUI, DUID, and DNA offender samples).
				  This number serves as internal tracking for evidence under Oklahoma State
				  Bureau of Investigation Laboratory control.
"Evidence release form"
means the form used to
				  document the return or release of evidence to the courts, prosecutors, OSBI
				  employees, original requesting agencies, or other legally entitled persons or
				  entities.
"Original requesting agency"
means the law
				  enforcement agency having jurisdiction in the criminal case which made the
				  request for forensic services of the Oklahoma State Bureau of Investigation
				  Laboratory.
"Requesting officer"
means the person requesting
				  examination of submitted evidence for the original requesting agency.
"RFLE"
means Request for Laboratory Examination
				  form.
"Submitting officer"
means the person delivering
				  evidence to an OSBI laboratory for the original requesting agency.
"Uniform Controlled Dangerous Substances Act"
means Title 63 Oklahoma Statutes, Section
				  2-101
				  et seq.
Added at 17 Ok Reg 2542,
				  eff 6-26-00; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-3 - Evidence submissions to the Oklahoma State Bureau of Investigation

Current through Vol. 41, No. 20, July 1, 2024
(a) Evidence from
				criminal investigations will be accepted from law enforcement personnel by the
				following methods:
(1) In person;
(2) U.S. Mail-except firearms and clandestine
				drug laboratory evidence;
(3)
				Private courier (UPS, Federal Express, etc.);
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-4 - Request for Laboratory Examination form

Current through Vol. 41, No. 20, July 1, 2024
(a) All submissions of evidence to an OSBI
				Laboratory shall be accompanied with an RFLE. The only exceptions are as
				follows:
(1) Mailed blood alcohol kits-A
				photocopy of the kit form shall replace the RFLE;
(2) Convicted felon DNA kits DNA offender
				samples
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-5 - Sealing of evidence

Current through Vol. 41, No. 20, July 1, 2024
Evidence submitted within an evidence container shall be
				  properly sealed so that its contents cannot readily escape and in a manner so
				  that opening the container would result in obvious damages/alteration to the
				  container or its seal. Staples alone shall not constitute proper sealing.
				  Proper sealing also includes initials across the seal. The following is a guide
				  to the proper sealing of evidence for submission to the OSBI Laboratory. All
				  submissions of evidence shall meet or exceed these guidelines or they will not
				  be accepted by the OSBI Laboratory.
(1) Boxes-All boxes containing evidence,
				including both the top and bottom of the box should be sealed with two inch
				tape, 3M Brand #3750 or equal.
(2)
				Sacks and bags-All sack-like containers should be sealed by folding down the
				flap of the sack across the top and placing a continuous piece of 2 inch tape,
				3M Brand #3750 or equal, across the fold and around the sack edges.
(3) Envelopes- The top unsealed flap of the
				envelope should be completely sealed along the seam using two inch tape, 3M
				Brand #3750 or equal, or with evidence tape.
(4) Cans and buckets with lids-One continuous
				piece of evidence tape across the top and down the sides of the container or
				two separate pieces of evidence tape across from each other shall be used to
				seal all such containers. Clear adhesive tape should not be used.
(5) Kits-Sexual assault kits, blood alcohol
				kits and other purchased evidence submittal kits are acceptable with the seals
				provided by the kit manufacturer.
(6) Evidence not sealable in a container-Such
				evidence shall be properly sealed by taping and initialing a seal over the area
				of interest to be tested. If such seal would obliterate, destroy, or alter the
				evidence, then identify the area of interest by circling or marking
				nearby.
(7) Weapons which require
				only test firing or serial number restoration-Such evidence may be tagged with
				a plastic identification tag instead of being sealed in a container.
Added at 17 Ok Reg 2542,
				  eff 6-26-00; Amended at 27 Ok Reg 1871, eff
				  7-31-10
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-6 - Submission of evidence by mail/private courier

Current through Vol. 41, No. 20, July 1, 2024
(a) In addition to the other rules concerning
				submittal of evidence to the OSBI Laboratory, a submitting/requesting officer
				submitting evidence to the OSBI by mail or private carrier shall also:
(1) Place the RFLE in a separate envelope and
				attach it to the outside of the mailing container in a packing slip fashion. In
				the alternative, the RFLE may be enclosed external to the sealed evidence
				container within the mailing container.
(2) Each mailing container shall contain
				evidence pertaining to one case only.
(3) Each evidence container within the
				mailing container must be properly sealed pursuant to administrative rule of
				the OSBI.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 30 - Oklahoma State Bureau of Investigation Laboratory › Subchapter 11 - General Rules for Submission of Evidence › Section 375:30-11-7 - Disposition of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Evidence required for trial in the prosecution of a crime may be released to
				the prosecutor or the courts.
(b)
				Any alleged controlled dangerous substance submitted to an OSBI Laboratory for
				analysis shall not be released to any person or laboratory other than the
				original requesting agency or requesting officer absent an order of a district
				court if analysis of the submitted material reveals it is a controlled
				dangerous substance, the distribution of which constitutes a felony under the
				laws of Oklahoma.
(1) All controlled dangerous
				substances which have been manufactured, distributed, dispensed, acquired,
				concealed or possessed in violation of the Uniform Controlled Dangerous
				Substance Act and seized or surrendered pursuant to the provisions of that Act
				shall be destroyed by or at the direction of the OSBI Criminalistic Division
				Director or his designee in compliance with 63 O.S., Sec. 2-508.
(A) The OSBI may, at its discretion, prior to
				such destruction, preserve samples of such substances for testing.
(B) Any such property submitted to the OSBI
				which the Director or the OSBI Criminalistic Services Director deems to be of
				use for investigative, training, educational, or analytical purposes may be
				retained in lieu of destruction.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-1 - 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 relevant provisions of 75 Oklahoma Statutes Sections 250, et
				seq. (The Oklahoma Administrative Procedures Act), 22 Oklahoma Statutes,
				Sections 18(9) and 19a (Expungement of Records - Persons authorized), and 22
				Oklahoma Statutes, Section 19b (The Oklahoma Identity Theft Passport
				Program).
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-3 - Request for application

Current through Vol. 41, No. 20, July 1, 2024
The State of Oklahoma Identity Theft Passport Request Victim
				Information Sheet and instructions may be requested from the OSBI's Identity
				Theft Passport Unit by telephone at #405/848-6724 (Oklahoma City metropolitan
				area) or #1/800/207/6724 (outside the metropolitan area) between 8:30 a.m. and
				4:30 p.m., Monday through Friday excluding holidays. The form and instructions
				are available for download on the Bureau's Internet web site at
www.osbi.ok.gov
. The FTC Identity Theft
				Affidavit is available on the OSBI web site or at
http://www.consumer.gov/idtheft/
.
Added at 22 Ok Reg 411, eff 12-20-04 (emergency); Added at 22
				  Ok Reg 1497, eff 6-11-05; Amended at 30 Ok Reg 1806, eff
				  8-1-13
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-4 - Eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to 22
			 Oklahoma Statutes Section 19b, Subsection B(1), a person shall be eligible for
			 an Oklahoma Identity Theft Passport if the person has obtained:
(1) An Order for Expungement and Sealing of
			 Records pursuant to Sections
			 18
			 and
			 19
			 of Title 22 of the Oklahoma Statutes on grounds that the person has been
			 charged or arrested or is the subject of an arrest warrant for a crime that was
			 committed by another person who has appropriated or used the person's name or
			 other identification without the person's consent or authorization or
(2) An Order for Expungement and Sealing of
			 Records pursuant to 22 Oklahoma Statutes, Section 19a from a court that
			 dismissed a charge against the person on such grounds.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-5 - Submission of application and required documents

Current through Vol. 41, No. 20, July 1, 2024
(a) Each identity theft passport applicant
			 shall provide the following documents:
(1)
			 Complete a State of Oklahoma Identity Theft Passport Request Victim Information
			 Sheet;
(2) Provide his or her
			 current Oklahoma driver's license or current Oklahoma ID card (in-person
			 requests) or a legible photocopy of either document (mail requests). If the
			 victim is a minor child, a parent or legal guardian must provide his or her
			 Oklahoma driver's license or ID card, along with a notarized statement in which
			 the parent or guardian attests he or she has legal responsibility for the
			 victim as a minor child;
(3)
			 Provide two current, passport size, color photographs for the Oklahoma Identity
			 Theft Passport Card;
(4) Provide a
			 certified copy of an Order for Expungement and Sealing of Records issued
			 pursuant to 22 O. S. Section 18(9) or 22 O. S. Section 19a; or copies of all of
			 the following documents
(A) An FTC Identity
			 Theft Affidavit
(B) An Identity
			 Theft Report (police report) made to a federal, state or local law enforcement
			 agency within the State of Oklahoma
(C) A completed United States Postal Service
			 Certified Mail/Domestic Return Receipt (PS Form 3811) as proof that an Identity
			 Theft Affidavit and Identity Theft Report have been sent to and received by one
			 of the three major national consumer reporting agencies identified as:
(i) Equifax Credit Information Services,
			 Inc.,
http://www.exquifax.com
(ii) Experian Information Solutions, Inc.,
http://www.experian.com
(iii) TransUnion,
http://www.transunion.com
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-6 - Review of application

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 Identity Theft Passport Unit will review all applications and documentation for
			 completeness and adherence to the law. Failure to provide all of the
			 information requested on the application form or to include any of the required
			 documents will be considered reasonable cause to deny issuance of an Identity
			 Theft Passport.
(b) All Orders
			 issued pursuant to 22 Oklahoma Statutes, Sections 18(9) and 19a will be
			 forwarded to the Bureau's Chief Legal Counsel for review. Valid Orders will be
			 processed as prescribed in 22 Oklahoma Statutes, Section 19. Invalid Orders
			 will be considered reasonable cause to deny issuance of an Identity Theft
			 Passport.
(c) When an Order of
			 Expungement and Sealing of Records is received that pertains to an outstanding
			 arrest warrant only, the Bureau will not have a record or document to expunge
			 and the applicant will be notified of that fact by letter.
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-7

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-8 - Issuance or denial of Passport

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless a review
			 of the application reveals reasonable cause not to issue a passport, the
			 Identity Theft Passport Unit will create an Identity Theft Passport Card
			 stating whether the passport was issued on the basis of an Order for
			 Expungement or an Identity Theft Report and Affidavit. The card will contain
			 the victim's name, address, birthdate, sex, race, height, weight, hair and eye
			 color, the passport number and date issued.
(b) Identity Theft Passport shall be returned
			 by certified mail to the applicant only. Notification of a denied application
			 shall be made by letter and include the reason(s) for the denial.
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-9 - Notification

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon issuing an
			 Identity Theft Passport to an identity theft victim, the OSBI will flag any
			 criminal history or other records in its possession that are associated with
			 the passport and are accessible to law enforcement authorities. The OSBI will
			 provide the Department of Public Safety with the passport information so
			 records accessible to law enforcement through the state telecommunications
			 network may be flagged as well.
(b)
			 The Oklahoma Identity Theft Passport Program was enacted to protect the victims
			 of identity theft. To further this effort, the OSBI will provide information
			 about the program to all law enforcement agencies within the state. Means of
			 notification and education include, but are not limited to, letters, articles
			 in agency publications, and web site postings.
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-10 - Passport restrictions

Current through Vol. 41, No. 20, July 1, 2024
An Identity Theft Passport shall be used only for law
				enforcement purposes, including determining the accuracy criminal background
				checks by a law enforcement agency and similar public safety purposes. All
				other uses are prohibited. Financial institutions and other private entities
				are advised that presentation of the Oklahoma Identity Theft Passport to
				private individuals or entities is not authorized.
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 40 - Oklahoma Identity Theft Passport Program › Section 375:40-1-11 - Improper usage

Current through Vol. 41, No. 20, July 1, 2024
Any use or attempted use of an Identity Theft Passport not
				specifically authorized by OAC
				375:40-1-10 (Passport
				Restrictions) is not authorized and is prohibited.
Added at 22 Ok Reg 411,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1497, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of these rules is to establish a procedure and
				requirements for the transfer of surplus property of the Oklahoma State Bureau
				of Investigation to law enforcement agencies of political subdivisions of the
				State of Oklahoma as authorized pursuant to 74 Oklahoma Statutes, Section
				62.3.
Added at 22 Ok Reg 414,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1499, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words, when used in this Chapter, shall have the
				following definitions, unless the context clearly dictates otherwise.
"OSBI"
shall mean the Oklahoma State Bureau of
				Investigation
"Receiving Agency"
shall mean the law enforcement
				agency of any political subdivision of the State of Oklahoma receiving donated
				surplus property from the OSBI
"Surplus property"
shall mean items, commodities,
				materials, supplies or equipment owned by the OSBI that the Director of the
				OSBI determines to be excess, obsolete, antiquated, unused or not
				needed
Added at 22 Ok Reg 414,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1499, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-3 - Determination of need

Current through Vol. 41, No. 20, July 1, 2024
The Director of the OSBI of the Director's designee is
				responsible for exercising discretion and determining when and to whom surplus
				property of the OSBI shall be donated as allowed pursuant to 74 Oklahoma
				Statutes, Section 62.3. Any surplus property donated to a Receiving Agency
				shall be used only for valid and authorized law enforcement efforts of the
				Receiving Agency.
Added at 22 Ok Reg 414,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1499, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-4 - Transfer of title

Current through Vol. 41, No. 20, July 1, 2024
Any donation of surplus property by the OSBI to a Receiving
				Agency shall result in title and ownership of said property being placed with
				the Receiving Agency. Upon donation of the surplus property, the OSBI will not
				continue to maintain any ownership interest in the property, any custody or
				control of the surplus property, nor any responsibility for the maintenance,
				upkeep, or proper use of such property.
Added at 22 Ok Reg 414,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1499, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-5 - No warranty on donated property/"As is"

Current through Vol. 41, No. 20, July 1, 2024
Any surplus property donated by the OSBI to a Receiving Agency
				is donated "as is". The OSBI makes no warranty whatsoever as to the quality,
				value, safety, or usefulness of the property in question, including but not
				limited to warranties of merchantability or fitness for a particular use. The
				Receiving Agency shall hold the OSBI and its employees harmless from any action
				or claim arising from the donation of surplus property to the Receiving Agency
				by the OSBI or the use of such property by the Receiving
				Agency.
Added at 22 Ok Reg 414,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1499, eff
				6-11-05
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-6 - Receipt

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of
			 any surplus property donated to a Receiving Agency by the OSBI, the head of the
			 Receiving Agency or a designee shall sign a receipt identifying the surplus
			 property donated in sufficient detail as to be able to identify the property in
			 the inventory of OSBI property.
(b)
			 At a minimum, the receipt should include the:
(1) name and address of the Receiving
			 Agency;
(2) name of the Receiving
			 Agency head and any designee signing the receipt in question;
(3) make/model, VIN or serial number or other
			 identifying characteristics of the property;
(4) OSBI inventory number of the property if
			 applicable;
(5) date of the
			 transfer of property
(6) general
			 condition of the property.
Oklahoma Administrative Code › Title 375 - Oklahoma State Bureau of Investiation › Chapter 45 - Donation of Suprlus Property › Section 375:45-1-7 - Inventory

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon transfer of
			 donated surplus property to a Receiving Agency, the OSBI shall remove such
			 donated property from its OSBI property inventory and reflect, as necessary
			 within that inventory, the ultimate disposition of that property.
(b) Upon transfer of donated surplus property
			 to a Receiving Agency, the Receiving Agency shall reflect and document the
			 addition of such donated surplus property within the Receiving Agency's
			 property inventories.
Added at 22 Ok Reg 414,
				eff 12-20-04 (emergency); Added at 22 Ok Reg 1499, eff
				6-11-05
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The Council on Judicial Complaints is established by the Legislature at 20 O. S. §§ 1651, et seq. The purpose of the Council on Judicial Complaints is to provide a method for accepting and investigating complaints made against judges for violations of Oklahoma law and the Code of Judicial Conduct.
(b) Rules have been adopted by the Council to implement the requirements of the statutes and to provide efficient and impartial administration of the judicial complaint process.
Added at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in these rules, shall have the following meaning, unless the context clearly indicates otherwise:
"Administrative Secretary"
means the person employed by the Council to serve as the Director of the administrative support staff of the Council on Judicial Complaints.
"Complaint"
means an alleged violation of the Code of Judicial Conduct or of state law brought against a judge.
"Court Reporter"
means the person employed by the Council to transcribe hearings or other proceedings.
"Counsel to the Council"
means an attorney employed by or assigned to the Council to serve as its legal advisor.
"Prinicipal Assistant"
means the support employee employed by the Council.
Added at 16 Ok Reg 2531, eff 6-25-99
On 7-29-98, an emergency rule called "Meetings" was added at this number (376:1-1-2). The emergency rule later expired on 7-15-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-3 - Quorum [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 75, eff 7-29-98 (emergency)1
On 6-25-99, this emergency rule was superseded by a permanent rule numbered as 376:1-1-4.
On 8-23-99, an emergency rule called "Meetings" was added at this number (376:1-1-3 ), creating a duplication in numbering. The emergency rule expired on 7-15-00, and the number was changed to 376:1-1-3.1 in a subsequent permanent rulemaking action.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-3.1 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Council shall conduct its regular meetings on the fourth Thursday of each month.
(b) Special meetings may be called by the Chairman or any two members of the Council.
(c) Meetings of the Council on Judicial Complaints shall comply with the Oklahoma Open (a)(d)(d)Meetings Act, except as provided by law.
(e) Meetings held for the purpose of conducting, discussing, or deliberating any matter relating to a complaint received or filed with the Council, or any portion thereof, may not be broadcast, televised, recorded or photographed without prior written permission of the Council.
Added as 376:1-1-3 at 16 Ok Reg 3593, eff 8-3-99 through 7-14-00 (emergency); Added at 17 Ok Reg 3336, eff 9-13-00
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-4 - Quorum

Current through Vol. 41, No. 20, July 1, 2024
Any two (2) Council members shall constitute a quorum.
Added as 376:1-1-3 at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 2531, eff 6-25-99
On 7-29-98, an emergency rule called "Financial reports" was added at this number (376:1-1-4). The emergency rule was later superseded by a permanent rule numbered as 376:1-1-10, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-5 - Election of Council officers

Current through Vol. 41, No. 20, July 1, 2024
The Council shall organize annually at the last meeting of the Council during the fiscal year by electing from among its members a Chair and Vice-Chair.
Added at 16 Ok Reg 2531, eff 6-25-99
On 7-29-98, an emergency rule called "Amendment" was added at this number (376:1-1-5). The emergency rule was later superseded by a permanent rule numbered as 376:1-1-15, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-6 - Council member vacancies

Current through Vol. 41, No. 20, July 1, 2024
(a) If a vacancy shall occur in the Council, the Chair shall prepare a notice to that members' appointing entity asking that a new member be appointed to fill the unexpired term.
(b) Not less than thirty (30) days prior to the completion of two (2) terms of office by a member, the Chair shall prepare a notice to the member's appointing entity advising that the second term will be completed on a date certain.
(c) If the vacancy shall occur in the office of Chair, the Vice-Chair shall prepare the notice.
Added at 16 Ok Reg 2531, eff 6-25-99
On 7-29-98, an emergency rule called "Council office" was added at this number (376:1-1-6). The emergency rule was later superseded by a permanent rule numbered as 376:1-1-7, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-7 - Council office

Current through Vol. 41, No. 20, July 1, 2024
(a) The Council maintains an office in Oklahoma City, Oklahoma.
(b) The Council office is open five (5) days a week, Monday through Friday, from 8:30 A.M. until 4:30 P.M. The Council office is closed on Saturday and Sunday and state legal holidays as prescribed by Section 82.1 of Title 25 of the Oklahoma Statutes.
Added as 376:1-1-6 at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 2531, eff 6-25-99
On 7-29-98, an emergency rule called "Request for promulgation, amendment or repeal of a rule" was added at this number (376:1-1-7). The emergency rule was later superseded by a permanent rule numbered as 376:1-1-13, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-8 - Forms and instructions

Current through Vol. 41, No. 20, July 1, 2024
Forms and instructions of the Council shall be maintained at the Council offices and shall be available to any person upon request.
Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-9 - Duties of the Administrative Secretary

Current through Vol. 41, No. 20, July 1, 2024
The duties of the Administrative Secretary include, but are not limited to, the following:
(1) Coordinate the administrative functions of the Council as directed by the Council.
(2) Perform all duties and obligations specified in the Oklahoma statutes and in these rules.
(3) Provide forms to any person desiring to file a judicial complaint.
(4) Process and file all complaints received.
(5) Keep a record of all meetings and maintain a proper account of all business of the Council.
(6) Prepare the budget and process all financial matters on behalf of the Council.
(7) Purchase supplies and equipment, as directed by the Council.
(8) Employ and supervise employees, as directed by the Council.
(9) Keep the records of the Council.
(10) Ensure compliance with all statutory requirements.
Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-10 - Financial reports

Current through Vol. 41, No. 20, July 1, 2024
At each regular meeting, the Administrative Secretary shall prepare and provide the Council with a current financial report in a format approved by the Council.
Added as 376:1-1-4 at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-11 - Seal

Current through Vol. 41, No. 20, July 1, 2024
The seal of the Council shall be a circular seal, 1-½ inches in diameter. It shall bear the name of the Council on Judicial Complaints. The seal shall be used for attestation on subpoenas and other documents, as directed by the Council. The seal shall not be used for correspondence or other similar written documents.
Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-12 - Administrative records

Current through Vol. 41, No. 20, July 1, 2024
(a) The Administrative Secretary shall maintain the following public records relating to the administrative functions of the Council:
(1) A record of minutes, in proper order, containing an accurate summary of the public actions of the Council and attendance of the Council members.
(2) Financial records indicating the receipt and expenditure of all funds.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-13 - Request for promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person may request the Council adopt, amend or repeal a rule in this chapter. The request shall be typewritten, signed by the person requesting the rule, amendment to a rule, or repeal of a rule, and submitted to the Council office. It shall include an explanation to support the request. A request shall also include:
(1) the name, address and telephone number of the person making the request;
(2) the name, address and telephone number of the agency or organization the person represents, if any;
(3) the number used to identify the rule if the request is to amend or repeal an existing rule; and,
(4) the proposed language if the request is to amend an existing rule or adopt a new rule.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-14 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) An individual may file a request for interpretation or applicability of a specific rule adopted by the Council on Judicial Complaints.
(b) A request for a declaratory ruling shall be typewritten and shall be mailed or delivered to the Administrative Secretary. The request shall include:
(1) the name, address and telephone number of the person making the request;
(2) the name, address and telephone number of the agency or organization the person represents, if any;
(3) a concise description of the problem or issue that is the basis for the request;
(4) a statement of the facts;
(5) identification of the specific rule on which the declaratory ruling is sought;
(6) the specific questions to be answered by the Council; and,
(7) allegations that the application of the rule interferes with or impairs the legal rights of the person requesting the ruling.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-15 - Amendment

Current through Vol. 41, No. 20, July 1, 2024
(a) Rules may be amended by majority vote of the Council members to initiate the rulemaking or rule amendment process at any regularly scheduled Council meeting.
(b) Rules shall be effective when approved pursuant to the Oklahoma Administrative Procedures Act.
Added as 376:1-1-5 at 16 Ok Reg 75, eff 7-29-98 (emergency); Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 1 - Administration › Section 376:1-1-16 - Effective date

Current through Vol. 41, No. 20, July 1, 2024
The effective date of all rules adopted by the Council shall be governed by Article I of the Administrative Procedures Act.
Added at 16 Ok Reg 2531, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to provide a procedure for the efficient and orderly processing of complaints made against judges.
Added at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-2 - Administrative Procedures Act

Current through Vol. 41, No. 20, July 1, 2024
Hearings on complaints before the Council on Judicial Complaints shall not be conducted pursuant to the Administrative Procedures Act, Article II.
Added at 16 Ok Reg 2533, eff 6-25-99
On 7-29-98, an emergency rule called "Complaints" was added at this number (376:10-1-2). The emergency rule was later superseded by a permanent rule numbered as 376:10-1-3, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-3 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) All communications, including complaints, shall be addressed to: Administrative Secretary, Council on Judicial Complaints, 1901 North Lincoln Boulevard, Oklahoma City, OK 73105.
(b) If a member of the Council receives a complaint or an inquiry, the member shall have no communication with the party other than referring the party to the Administrative Secretary. Only the Administrative Secretary shall be authorized to supply a prospective complainant with the approved complaint form. Neither the Administrative Secretary nor any individual Council member shall discuss with a complainant the merits of his complaint.
(c) The Administrative Secretary shall maintain for transmittal to interested parties a supply of complaint forms and of letters containing general instructions to guide interested parties in filing a complaint. The Administrative Secretary may render general assistance to complainants desiring to fill out needed forms or to enclose supporting documents. The Administrative Secretary shall not offer any comment on the content or the merits of the complaint to be filed or on file.
(d) A suggested form of the complaint is illustrated in Appendix A of this chapter. The Council may accept complaints that are unverified or in a different format.
Added as 376:10-1-2 at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99
On 7-29-98, an emergency rule called "Procedure" was added at this number (376:10-1-3). The emergency rule later expired on 7-15-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-4 - Action on Council's own motion [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 76, eff 7-29-98 (emergency)1
On 6-25-99, this emergency rule was superseded by a permanent rule numbered as 376:10-1-5.
On 8-3-99, an emergency rule called "Procedure" was added at this number (376:10-1-4 ), creating a duplication in numbering. The emergency rule expired on 7-15-00, and the number was changed to 376:10-1-4.1 in a subsequent permanent rulemaking action.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-4.1 - Procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) Each complaint received by the Administrative Secretary will be assigned a number and will be logged with that date of receipt shown. The complaint will be
s
cheduled for consideration by the Council when the initial investigation is complete. Provided, however, the published agenda shall not identify each complaint, but shall simply list as an agenda item "Consideration of Pending Complaints."
(b) Documents and enclosures shall be dated, described on a sheet of paper, and placed in the complaint file. The Administrative Secretary shall bring to each meeting the complete file of the complaints on the agenda. In its discretion, the Council may notify a judge of a pending complaint.
(c) Unless the Council summarily dismisses a complaint on its own motion, a copy of the complaint shall be forwarded to the Judge with written notice requiring the Judge to respond to the complaint in writing within twenty (20) days. The response excluding exhibits shall not exceed twenty (20) double-spaced, typewritten 8½" x 11" pages.
(d) At any time, the complainant and the responding judge may include with the complaint or the response a list of proposed evidentiary sources relevant and material to the investigation of the complaint. The list shall include a brief synopsis of the evidence.
Added as 376:10-1-4 at 16 Ok Reg 3593, eff 8-3-99 through 7-14-00 (emergency); Added at 17 Ok Reg 3336, eff 9-13-00
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-5 - Action on Council's own motion

Current through Vol. 41, No. 20, July 1, 2024
Nothing herein contained shall be construed to prevent the Council from investigating any judicial misconduct on its own initiative.
Added as 376:10-1-4 at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99
On 7-29-98, an emergency rule called "Investigation" was added at this number (376:10-1-5). The emergency rule was later superseded by a permanent rule numbered as 376:10-1-6, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-6 - Investigation

Current through Vol. 41, No. 20, July 1, 2024
(a) When directed by the Council, the initial investigation of a complaint will be performed by the Counsel to the Council who shall report monthly progress to the Council.
(b) An investigation may be done at any stage of the proceeding.
(c) When so directed by the Chair or the Council, an authorized agency may be requested to investigate some or all aspects of the complaint.
Added as 376:10-1-5 at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99
On 7-29-98, an emergency rule called "Hearing" was added at this number (376:10-1-6). The emergency rule was later superseded by a permanent rule numbered as 376:10-1-8, effective 6-25-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-7 - Extension of time

Current through Vol. 41, No. 20, July 1, 2024
The time for responding to a complaint, or for performing any act as directed by the Council, may be extended by the Chair upon request of the applicant prior to the expiration of the applicable period of time.
Added at 16 Ok Reg 2533, eff 6-25-99
On 7-29-98, an emergency rule called "Disposition" was added at this number (376:10-1-7). The emergency rule later expired on 7-15-99.
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-8 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) The Council may conduct a hearing on any portion of the complaint.
(b) The Chair shall set the time for appearance of the parties or witnesses, and the Administrative Secretary shall issue subpoenas.
(c) At the hearing each Council member shall have the opportunity to question the witnesses and to examine the evidence.
(d) The Council may direct its Counsel to question witnesses.
(e) Every witness shall be placed under oath and shall be required not to disclose the pendency of the proceeding or the identity of the judge being investigated.
Added as 376:10-1-6 at 16 Ok Reg 76, eff 7-29-98 (emergency); Added at 16 Ok Reg 2533, eff 6-25-99
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-9 - Objections and rulings upon evidence

Current through Vol. 41, No. 20, July 1, 2024
(a) In investigating a complaint, the Council shall permit the introduction of evidence that is competent, relevant and material.
(b) Because of the investigatory nature of the Council on Judicial Complaints, strict adherence to the rules of evidence shall not be required. The Council shall follow the Oklahoma rules of evidence to the extent possible while preserving the investigatory nature of the complaint process. Under no circumstances shall a witness to an investigation be required to provide evidence that is constitutionally protected.
(c) The Chair shall rule upon all objections and upon the admissibility of evidence arising in the course of a hearing.
Added at 16 Ok Reg 3593, eff 8-3-99 through 7-14-00 (emergency); Added at 17 Ok Reg 3336, eff 9-13-00
Oklahoma Administrative Code › Title 376 - Council on Judicial Complaints › Chapter 10 - Complaint Procedure › Section 376:10-1-10 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) Subpoenas to compel the attendance of witnesses, or to compel the production of documents or other evidence, shall be issued by the Administrative Secretary at the direction of, and upon the signature of the Chair.
(b) The Administrative Secretary shall attest the subpoena.
(c) Subpoenas shall be served, and return made, in the manner prescribed by Oklahoma civil law.
Added at 16 Ok Reg 2533, eff 6-25-99