reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 3 - Qualification and Requirements for Licensure › Section 235:10-3-1 - Qualifications for licensing individuals

Current through Vol. 41, No. 20, July 1, 2024
To be licensed in Oklahoma as a funeral director, embalmer, or both, an individual must meet the following minimum requirements:
(1) The individual must be twenty (20) years of age.
(2) The individual must be of good moral character.
(3) The Board may refuse to issue a license to an individual convicted of any felony, or a misdemeanor related to funeral service licensing act, the prepaid funeral benefits act, funeral services, or pertaining to the custody, care, or disposal of dead human remains, unfair trade practices, or fraud.
(4) The individual must be a citizen of the United States, or a permanent resident of the United States.
(5) The individual shall have completed a program of mortuary science accredited by the American Board of Funeral Service Education.
(6) The individual shall have successfully passed the National Board Examination of the International Conference of Funeral Service Examining Boards with an average grade of seventy five percent (75%) or better on the Arts section for applicants for a funeral director license, and applicants for an embalmers license shall have earned an average of seventy five percent (75%) or better on the Science section.
(7) The individual shall have successfully passed the Oklahoma Law examination with a grade of seventy five percent (75%) or better. The Oklahoma Law examination shall cover the Oklahoma Funeral Services Licensing Act and the Prepaid Funeral Benefits Act, and the Rules of the Board. The Oklahoma law written examination shall not be administered until the applicant has completed all educational requirements and other examination requirements with proof of such completion on file in the Board office. Rejection of an application to take the written examination for failure to complete educational requirements, or failure to file proper proof of completion of educational requirements is not appealable to the Board.
(8) The applicant must have paid any and all fees due and payable prior to licensing.
(9) The individual must have served and completed an embalmer and/or funeral director apprenticeship(s) in the State of Oklahoma or has completed an apprenticeship the Board determines to be substantially equivalent to that required by Oklahoma.
(10) Once all requirements set forth above have been met, the individual may apply for a license as a funeral director, embalmer, or both.
Amended at 10 Ok Reg
				  993, eff 3-11-93; Amended at 11 Ok Reg 4429, eff 8-11-94; Amended at 14 Ok Reg
				  2891, eff 7-11-97; Amended at 17 Ok Reg 1095, eff 5-11-00; Amended at 22 Ok Reg
				  1918, eff 6-25-05; Amended at 23 Ok Reg 883, eff 5-11-06; Amended at 26 Ok Reg
				  1883, eff 6-25-09
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 3 - Qualification and Requirements for Licensure › Section 235:10-3-3 - Licensing commercial embalming establishments

Current through Vol. 41, No. 20, July 1, 2024
Commercial embalming establishments shall meet all
				  requirements for a full service establishment, except that:
(1)
Requirements.
A commercial
				embalming establishment shall have a preparation room or embalming room meeting
				the requirements as set forth in this section.
(2)
Prohibition.
A commercial
				embalming establishment is prohibited from maintaining a selection room
				intended in any way for sales to the public, and are prohibited from utilizing
				any selection room for such sales.
(3)
Services limited to licensed
				funeral establishments.
A commercial embalming establishment may provide
				its services only to licensed funeral establishments anywhere in the United
				States, or in any foreign country which licenses funeral service
				establishments.
Amended at 10 Ok Reg
				  993, eff 3-11-93; Amended at 14 Ok Reg 2891, eff 7-11-97; Amended at 22 Ok Reg
				  1918, eff 6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 3 - Qualification and Requirements for Licensure › Section 235:10-3-4 - Registration of individual sellers of preneed funeral service merchandise [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 10 Ok Reg
				  993, eff 3-11-93; Amended at 11 Ok Reg 4429, eff 8-11-94; Amended at 13 Ok Reg
				  2295, eff 8-21-95 (emergency); Amended at 13 Ok Reg 2955, eff 7-15-96; Amended
				  at 14 Ok Reg 2891, eff 7-11-97; Revoked at 15 Ok Reg 1377, eff
				  4-27-98
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 3 - Qualification and Requirements for Licensure › Section 235:10-3-4.1 - Licensing organizations as sellers of preneed funeral service merchandise [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 993,
				  eff 3-10-93; Revoked at 14 Ok Reg 2891, eff
				  7-11-97
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 3 - Qualification and Requirements for Licensure › Section 235:10-3-5 - Apprentice qualifications and registration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Qualifications.
In order to
				register with the Board as an apprentice, each individual must meet all of the
				following conditions:
(1)
Age.
The applicant must be seventeen (17) years of age.
(2)
Education.
The applicant
				must be a high school graduate, or possess a Graduate Equivalent Diploma
				(G.E.D.).
(3)
Sound moral
				character.
The applicant must be of sound moral character.
(A) The Board may refuse registration to an
				individual who has been convicted of a felony, or a misdemeanor related to
				funeral services or pertaining to the custody, care or disposal of dead human
				remains, or unfair trade practices, or fraud.
(B) Failure to reveal such conviction at the
				time of application will result in termination of registration by operation of
				law.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 3 - Qualification and Requirements for Licensure › Section 235:10-3-6 - Reciprocal license [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 11 Ok Reg
				  4429, eff 8-11-94; Amended at 14 Ok Reg 2891, eff 7-11-97; Amended at 17 Ok Reg
				  1095, eff 5-11-00; Revoked at 22 Ok Reg 1918, eff
				  6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 5 - Licensing Fees › Section 235:10-5-1 - License and other Board fees

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The following shall be the fees charged for the licenses, registrations and
				examinations required by the Funeral Services Licensing Act:
(1) Funeral Director License or Renewal -
				$75.00
(2) Embalmer License or
				Renewal - $75.00
(3) Registration
				or Extension of Funeral Director/Em-balmer Apprentice - $150.00
(4) Oklahoma Law Examination -
				$100.00
(5) State Board Arts
				Examination - $100.00
(6) State
				Board Science Examination - $100.00
(7) Funeral Establishment License or Renewal
				-$250.00
(8) Commercial Embalming
				Establishment License or Renewal - $250.00
(9) Reciprocal License for Funeral Director
				or Em-balmer - $150.00
(10) Change
				of Funeral Director in Charge - $500.00 anytime during the year
(11) Crematory License Renewal -
				$250.00
(12) Original Funeral
				Establishment License Fee -$750.00
(13) Original Commercial Embalming
				Establishment Fee - $750.00
(14)
				Original Crematory License Fee - $750.00
(15) Change Establishment or Crematory Name
				-$250.00 anytime during the year.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 5 - Licensing Fees › Section 235:10-5-2 - Military service exemption from payment of renewal fees

Current through Vol. 41, No. 20, July 1, 2024
(a)
Entering Service.
Any
				individual licensee of the Board who enters a period of active military
				service, with the United State Government whether by enlistment, by being
				drafted, or by being a member of a National Guard Unit or a Military Reserve
				Unit which is called to active duty by the Federal Government, shall be excused
				from paying renewal fees during the period of active military service, and his
				or her license shall remain in full force and effect.
(b)
ROTC not applicable.
The
				provisions of this section shall not apply to an individual participating in
				any ROTC program on any college or university campus.
(c)
Board notification.
The
				exemption from the payment of renewal fees shall not apply until the individual
				licensee has in writing notified the Board office of his/her entrance into
				active duty in the military service as set forth in this
				Section.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 7 - Licensure Renewal, Revocation, and Suspension › Section 235:10-7-1 - Reinstatement of licenses lapsed for non-payment

Current through Vol. 41, No. 20, July 1, 2024
(a)
Fee payment.
A funeral
				director or embalmer license that for a period of less than three (3) years
				lapsed for failure to pay renewal fees may by payment of all past dues and
				penalties be reinstated without retaking the State Law Exam.
(b)
Lapsed license.
If a funeral
				director or em-balmer license has been lapsed for three or more years, to be
				reinstated the holder of such lapsed license shall apply for and successfully
				pass the State Law Examination and pay a fee of $500.00.
(c)
Required grade.
Any
				applicant taking the State Law Examination must make a grade of 75% or better
				for the license to be reinstated.
Amended at 14 Ok Reg
				  2891, eff 7-11-97; Amended at 15 Ok Reg 1377, eff 4-27-98; Amended at 22 Ok Reg
				  1918, eff 6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 7 - Licensure Renewal, Revocation, and Suspension › Section 235:10-7-2 - Prohibited acts

Current through Vol. 41, No. 20, July 1, 2024
The following prohibited acts shall constitute grounds for
				  the suspension or revocation of any license or registration issued by the
				  Board.
(1)
Material
				misrepresentation.
Material misrepresentation to the public of facts,
				requirements of Oklahoma Statutes, State Board Rules, or any rule or regulation
				pertaining directly to the custody, care, or disposal of dead human remains.
				Material misrepresentations is also construed to include a person knowingly and
				willfully signing a certificate as having embalmed, cremated, or prepared a
				dead human body for disposition when, in fact, the services were not performed
				as indicated. A material misrepresentation also includes misrepresentation to
				the Board of completion of continuing education requirements when the
				requirements were not met.
(2)
Criminal Actions.
A felony conviction or plea of guilty or nolo
				contendere in a felony matter, or any misdemeanor pertaining to the custody,
				care or disposal of dead human remains, or involving funeral service, or unfair
				trade practices, or fraud.. A copy of the record of conviction, judgment and
				sentence certified by the clerk of court entering the conviction shall be
				conclusive evidence of conviction. However, anyone who has surrendered their
				license or has had their license suspended or revoked because of a conviction
				of a felony or misdemeanor where substance abuse or mental illness is the
				underlying cause of the crime, may appeal to have his or her license
				reinstated. In determining whether to reinstate the license of such an
				individual, the Board may consider the length of time since the plea or
				conviction, education since the plea or conviction, recovery status since the
				plea or conviction if the underlying crime was alcohol-or drug-related, and the
				public safety of allowing the individual to be licensed.
(3)
Price lists.
(A) Failure to give a printed or typewritten
				General Price List (GPL) for retention to persons who inquire in person about
				the funeral goods or funeral services offered by the funeral establishment. The
				GPL must be presented upon beginning discussion of any of the following: the
				prices of funeral goods or funeral services; the overall type of funeral
				service or disposition; or specific funeral goods or funeral services offered
				by the funeral establishment.
(B)
				Failure to offer a printed or typewritten price list to persons who inquire in
				person about the offerings or prices of caskets or alternative containers, or
				outer burial containers before showing the caskets. In lieu of a written list,
				other formats, such as notebooks, brochures, or charts may be used if they
				contain the same information as would the printed or typewritten list , and
				display it in a clear and conspicuous manner.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-1 - Filing complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Written complaints.
All complaints must be written, signed by the
				complainant, and submitted to the Executive Director of the Board.
(b)
Records.
Upon receipt, each
				complaint submitted to the Executive Director shall be logged in a book
				maintained for that purpose. The logbook shall contain, in consecutive order, a
				record of each complainant's name and address, the name and address of the
				subject(s) of the complaint, and the date each complaint is received by the
				Board.
(c)
Complainant.
Any person, including a Board member or a Board
				employee may file a complaint on matters of which he or she has direct personal
				knowledge.
Amended at 17 Ok Reg
				  1095, eff 5-11-00; Amended at 22 Ok Reg 1918, eff
				  6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-2 - Investigations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Probable
				Cause Committee.
After a complaint has been filed, the Probable Cause
				Committee (consisting of the Executive Director and one Board member designated
				by the Executive Director) shall determine whether the complaint falls within
				the Board's jurisdiction, whether an investigation is warranted, and if
				warranted, shall direct the investigation to be made and a summary of the
				complaint sent to Board members.
(b)
Acknowledgement.
Each
				complaint received shall be acknowledged in writing. This acknowledgment shall
				state that the complaint is being reviewed and the respondent is being given an
				opportunity to respond to the allegations made by the complainant.
(c)
After response.
Upon receipt
				of a response by the respondent and, if after further investigation, it is
				necessary, the probable cause committee shall submit the information to the
				Board who will determine if there are reasonable grounds for belief that
				violation has occurred and make a determination if a hearing is warranted and,
				if warranted, shall schedule a hearing before the Board. The Probable Cause
				Committee may recommend to the Board informal disposition be made. The
				Executive Director shall properly notify the complainant and the respondent of
				such hearing. The Board member serving on the probable cause committee shall be
				recused from such hearing. If the Board determines that a hearing is not
				necessary, then both the respondent and the complainant shall be notified in
				writing that the complaint will be dismissed.
(d)
Jurisdiction.
No
				investigation shall be made on any complaint concerning matters outside the
				jurisdiction of the Board.
Amended at 13 Ok Reg
				  2295, eff 8-21-95 through 7-14-96 (emergency); Amended at 17 Ok Reg 1095, eff
				  5-11-00; Amended at 22 Ok Reg 1918, eff
				  6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-3 - Stipulation, Agreed Settlement, Consent Order, or Default

Current through Vol. 41, No. 20, July 1, 2024
(a)
Stipulation, Agreed Settlement,
				Consent Order or Default.
At the discretion of the Board, any complaint
				may be disposed of by a written, signed, and notarized Stipulation, Agreed
				Settlement, Consent Order, or Default entered into by the respondent and the
				Board.
(b)
Statement of
				facts.
The Stipulation, Agreed Settlement, Consent Order, or Default
				shall contain a statement of facts agreed upon by both the respondent and the
				Board and the penalty to be imposed based upon the agreed to facts.
(c)
Not mandatory.
The
				Stipulation, Agreed Settlement,Consent Order, or Default is not mandatory, but
				once agreed to by the respondent and the Board, signed and notarized, and shall
				become final and binding on all parties.
Amended at 13 Ok Reg
				  2295, eff 8-21-95 (emergency); Amended at 14 Ok Reg 457, eff 8-21-95
				  (emergency); Amended at 13 Ok Reg 2955, eff 7-15-96; Amended at 14 Ok Reg 2891,
				  eff 7-11-97; Amended at 17 Ok Reg 1095, eff
				  5-11-00
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-4 - Legal counsel

Current through Vol. 41, No. 20, July 1, 2024
The respondent to a complaint shall be entitled to
				  representation by legal counsel. All expenses for such legal counsel shall be
				  paid by the respondent.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-5 - Discussion

Current through Vol. 41, No. 20, July 1, 2024
After a complaint has been filed, all interested persons are
				  prohibited from discussing the complaint with any member of the Board other
				  than the Board member serving on the Probable Cause Committee or the hearing
				  officer, if one has been designated.
Amended at 22 Ok Reg
				  1918, eff 6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-6 - Time, place, and notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Hearing.
The hearing on a
				complaint shall be held at a time and place designated by the Board or the
				hearing officer, if one has been appointed.
(b)
Notice.
Notice of the time
				and place of the hearing shall be given the respondent and the complainant at
				least fifteen (15) days prior to the date of the scheduled hearing.
(1)
Notice contents.
The notice
				shall be written and shall specify the cause of complaint.
(2)
Date and time of hearing.
The notice shall state the time, date, and place of the hearing.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-7 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
No formal
				rules.
Formal rules of evidence need not apply to hearing
				proceedings.
(b)
Rulings on
				admissability of evidence.
The presiding officer or hearing officer may
				rule on the admissibility of any evidence submitted.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-8 - Presiding officer

Current through Vol. 41, No. 20, July 1, 2024
The presiding officer for a complaint hearing may be any
				  member of the Board designated by the president of the Board to preside over
				  the hearing.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-9 - Conduct of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
When
				hearing required.
Any penalty imposed by the Board must be preceded by a
				hearing before the Board unless the complaint is disposed of by Agreement,
				Consent Order, or Statement of Default.
(b)
Administrative Procedures
				Act.
All hearings shall be conducted in accordance with the
				Administrative Procedures Act.
(c)
Hearing officer.
The Board may designate a hearing officer to
				conduct a hearing.
(1)
Hearing officer
				authority.
The hearing officer shall have the power and authority to
				conduct the hearing and shall conduct the hearing in the name of the
				Board.
(2)
Transcript.
Hearing may be transcribed upon the request of any party. All costs of such
				transcription shall be paid by the requesting party.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-10 - Appeal of the order

Current through Vol. 41, No. 20, July 1, 2024
The respondent may appeal the Board's order to District
				  Court, pursuant to the Administrative Procedures Act provided the appeal is
				  filed within thirty (30) days after the issuance of the Board's Findings of
				  Fact, Conclusions of Law, and Order.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 9 - Procedures for the Disposition of Cases › Section 235:10-9-11 - Penalties available to the Board

Current through Vol. 41, No. 20, July 1, 2024
(a)
Board authority.
The Board shall be authorized, at its discretion,
				to take such action as the nature of the violation requires. In addition to any
				penalty listed below, the Board shall have the authority to impose on any
				person who violates any statutory or rule provision of the Oklahoma Funeral
				Board the payment of costs expended by the Board in investigating and
				prosecuting said cause. The costs may include but are not limited to staff
				time, salary and travel expenses, witness fees and attorney fees, and the same
				shall be considered part of the order of the Board.
(b)
Revoke licenses.
After
				holding a hearing, the Board may revoke any or all licenses, registrations, or
				certificates issued by the Board.
(c)
Lesser penalty.
After
				holding a hearing, the Board may impose any lesser penalty than those in (a)
				and (b) of this Section so long as it is reasonable.
(d)
Fines.
After holding a
				hearing, in addition to, or in lieu of, the penalties set forth in (a), (b),
				and (c) of this Section, the Board may imposed an administrative fine not to
				exceed $10,000 for any related series of violations.
Amended at 14 Ok Reg
				  2891, eff 7-11-97; Amended at 17 Ok Reg 1095, eff 5-11-00; Amended at 22 Ok Reg
				  1918, eff 6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-1 - Definitions [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-2 - Continuing education requirement [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-3 - Scope of exemptions [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Amended at 10 Ok Reg 993, eff 3-11-93; Terminated by legislative
				  disapproval at 13 Ok Reg 3167 (See also Editor's Note at beginning of this
				  Subchapter 13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-4 - Continuing education program approval [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-5 - Verification of continuing education [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-6 - Non-compliance and sanctions [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-7 - Academic course or home study programs [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-8 - Duties of the Board [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-9 - Effective date [TERMINATED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Terminated by legislative disapproval at 13 Ok Reg 3167 (See also
				  Editor's Note at beginning of this Subchapter
				  13)
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-10 - Continuing Education Requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Applicants for renewal of a funeral director or embalmer license in Oklahoma,
				shall submit the renewal fee and documentation as prescribed by the Board of
				each continuing education course the licensee attended during the year. Every
				licensed funeral director, and/or licensed embalmer, shall obtain a minimum of
				six (6) contact hours during each calendar year before their annual license
				renewal. One (1) contact hour shall be construed as 50 minutes of learning
				activity. In at least two (2) hours of this continuing education, the Licensee
				shall be physically present at the location of the Presentation. One (1) hour
				of the required continuing education shall cover Ethics.
(b) Each continuing education provider and
				course shall be approved by the: Academy of Professional Funeral Service
				Practice (the Academy), the funeral licensing Boards of Texas, Kansas,
				Arkansas, New Mexico, and Missouri, or by the Oklahoma Funeral Board based on
				criteria similar to those established by the Academy. The Board shall not
				charge duplicate fees to review provider applications or courses approved by
				the Academy or the funeral licensing Boards of Texas, Kansas, Arkansas, New
				Mexico, and Missouri.
(c) A
				licensee may not receive credit for repeating the same course during the same
				calendar year. A maximum of six (6) hours may be carried over and applied to
				the required hours for the following year.
(d) Individuals issued original or reciprocal
				licenses shall complete the continuing education requirements in the first full
				calendar year following the issuance of an original or reciprocal
				license.
Added at 22 Ok Reg 1918,
				  eff 6-25-05; Amended at 24 Ok Reg 26, eff 8-24-06 (emergency); Amended at 24 Ok
				  Reg 861, eff 5-11-07; Amended at 26 Ok Reg 1883, eff
				  6-25-09
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-11 - Continuing education program approval

Current through Vol. 41, No. 20, July 1, 2024
(a) The continuing education program provider
				must possess professional credentials appropriate to the subjects covered in
				the program, and the program must contain demonstrable educational content
				related to the practice of funeral directing and/or the practice of embalming
				as determined by the Board.
(b) The
				continuing education provider seeking Board approval shall pay a $250 fee with
				the completed Uniform Continuing Education Application Process Form and $50 per
				course submitted for Board approval. The Board may waive the fees for
				governmental agencies and non-profit organizations. Providers shall submit the
				completed application and fees for Board evaluation at least sixty (60) days
				prior to administering the course.
(c) Contact hours are not allowed for
				activities such as social occasions, meals, receptions, sporting events,
				business meetings, sales meetings, or exhibits displayed at such activities. If
				a provider wishes to offer a continuing education course at such an activity,
				then the provider shall be required to seek Board approval for that particular
				course. Continuing education received for renewal of an insurance license shall
				not qualify as contact hours for purposes of funeral director or embalmer
				license renewal.
(d) Approved
				contact hours may include programs in various formats such as: lecture,
				workshops, seminars, conferences, independent home study, and internet based
				programs. A continuing education program must fall within one or more of the
				following for categories of funeral service related content areas for approval:
(1) Public Health and Technical including:
				embalming, restorative art, etc.
(2) Business Management including computer
				applications, marketing, personnel management, accounting, or comparable
				subjects.
(3) Social Science
				including communications skills, both written and oral, sociological factors,
				counseling, grief psychology or comparable subjects.
(4) Legal, Ethical, Regulatory including:
				OSHA, FTC, ethical issues, legal interpretations or comparable
				subjects.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-12 - Exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a) Licensees exempt
				from payment of renewal fees under
				235:10-5-2
				shall be exempt from all continuing education requirements for the first full
				calendar year after which they have completed their period of military
				service.
(b) A licensee of Oklahoma
				not engaged in the practice of funeral directing or the practice of embalming
				within the State of Oklahoma shall be exempt from the Board's continuing
				education requirements. If the licensee becomes engaged in the practice of
				funeral directing or the practice of embalming within the State of Oklahoma,
				the licensee shall within the first full year of active practice meet the
				continuing education requirements.
(c) Any licensee with a serious illness or
				disability shall notify the Board and request an exemption not less than thirty
				(30) days prior to the expiration of the license. The letter of request must
				include documentation from the licensee's physician to verify the illness or
				disability. The Board shall have the power to review the request for exemption
				of all or a portion of the Board's continuing education requirements on a case
				by case basis.
(d) Licensees who
				will be 65 years of age or older anytime during the calendar year being renewed
				for are not required to meet the continuing education requirements. This
				exemption shall not apply to licensees who are the Funeral Director in Charge
				of one or more funeral establishments.
Added at 22 Ok Reg 1918,
				  eff 6-25-05; Amended at 24 Ok Reg 26, eff 8-24-06 (emergency); Amended at 24 Ok
				  Reg 861, eff 5-11-07
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-13 - Verification of Continuing Education

Current through Vol. 41, No. 20, July 1, 2024
(a) Each licensee shall obtain from the
				continuing education provider proof of attendance at the approved continuing
				education program which shall include: name of attendee, provider name and
				provider number, event number, event date, program title, and contact hours
				attended. The licensee shall maintain such documentation for a period of not
				less than two (2) years.
(b) The
				Board or its authorized representatives may monitor, inspect, or review any
				approved continuing education activity, and upon evidence of significant
				variations in the program presented from the program approved, may disapprove
				any or all of the approved hours granted to the activity.
Added at 22 Ok Reg 1918,
				  eff 6-25-05; Amended at 24 Ok Reg 26, eff 8-24-06 (emergency); Amended at 24 Ok
				  Reg 861, eff 5-11-07
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 13 - Continuing Education › Section 235:10-13-14 - Non-compliance and sanctions

Current through Vol. 41, No. 20, July 1, 2024
The Board shall not renew a licensee's funeral director or
				  embalmer license if the licensee has not complied with the continuing education
				  requirements, until the required fees, late fees, and continuing education
				  requirements are met unless waived by the Board.
Added at 22 Ok Reg 1918,
				  eff 6-25-05; Amended at 24 Ok Reg 26, eff 8-24-06 (emergency); Amended at 24 Ok
				  Reg 861, eff 5-11-07
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 14 - Crematories › Section 235:10-14-1 - Requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Unembalmed
				human remains awaiting cremation must be placed in refrigerated storage at 40
				degrees Fahrenheit or less. All crematories shall have refrigerated storage
				facilities with a capacity equal to or greater than their average daily case
				load. If storage facilities are full, additional remains should not be
				accepted. Human remains shall never be stacked or placed upon other human
				remains. For purposes of this rule stacked shall mean in direct contact with
				one body on top of the other body. Storage facilities should not be in public
				view.
(b) From receiving through
				storage, cremation, processing, packaging and release, proper identification
				must accompany the remains at all times.
(c) Crematories licensed by the Funeral Board
				shall be used exclusively for the cremation of human remains.
(d) Upon completion of the cremation, and
				insofar as practicable, all of the recoverable residue of the cremation process
				shall be removed from the cremation chamber. If possible, the noncombustible
				materials or items shall be separated from the cremated remains and disposed
				of, in a lawful manner, by the crematory. The cremated remains shall be reduced
				by motorized mechanical device to granulated appearance appropriate for final
				disposition.
(e) The cremated
				remains with proper identification shall be placed in a temporary container or
				urn, unless specific written authorization has been received from the
				authorizing agent which directs otherwise.
(f) If the cremated remains will not fit
				within the dimensions of a temporary container or urn, the remainder of the
				cremated remains shall be returned to the authorizing agent or its
				representative in a separate container attached to the first container or urn
				identifying such containers as belonging together.
(g) The walls and floor of the cremator work
				area must be constructed, and of such materials, and finished in a way that
				they may be cleaned and disinfected.
(h) The Crematory area shall not have a
				passageway for public use.
(i)
				Cremation log will be maintained by the crematory that contains the following:
(1) Name of deceased
(2) Name and address of Authorized
				Representative
(3) Cremation permit
				number from the Oklahoma Medical Examiner's Office
(4) Cremation date
(5) Funeral home or commercial embalming
				establishment handling cremation.
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 15 - Advertising › Section 235:10-15-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules of this Subchapter is to prohibit
				  false, misleading, or deceptive practices by a person or entity subject to the
				  rules of the Board.
Added at 8 Ok Reg 3037,
				  eff 1-1-92
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 15 - Advertising › Section 235:10-15-2 - Qualification [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Revoked at 14 Ok Reg 2891, eff
				  7-11-97
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 15 - Advertising › Section 235:10-15-3 - False or misleading advertising

Current through Vol. 41, No. 20, July 1, 2024
No licensee shall publish or disseminate false, misleading,
				  or deceptive advertising. An advertisement may not contain statements;
(1) containing a misrepresentation of
				facts;
(2) likely to mislead or
				deceive because in context the statements make only a partial disclosure of
				relevant facts;
(3) relating to
				fees without reasonable disclosure of all relevant variables so that the
				statement would not be misunderstood or be deceptive to laypersons;
(4) any name other than the name the
				establishment or individual is licensed as;
(5) using the name "crematory" in conjunction
				with a funeral establishment or commercial embalming service when the
				establishment or embalming service does not hold a crematory license and the
				crematory is not located on-site.
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Amended at 17 Ok Reg 1095, eff 5-11-00; Amended at 22 Ok Reg 1918,
				  eff 6-25-05
Oklahoma Administrative Code › Title 235 - Oklahoma Funeral Board › Chapter 10 - Funeral Services Licensing › Subchapter 15 - Advertising › Section 235:10-15-4 - Authorized advertising [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 8 Ok Reg 3037,
				  eff 1-1-92; Amended at 14 Ok Reg 2891, eff 7-11-97; Amended at 17 Ok Reg 1095,
				  eff 5-11-00; Revoked at 22 Ok Reg 1918, eff
				  6-25-05
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
Content of Title.
Title 240 consists of rules adopted by the:
(1) Oklahoma Employment Security Commission (Commission) and,
(2) Board of Review (Board) for the Oklahoma Employment Security Commission.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Aggregated Data"
means statistical data that has been stripped of any information that would identify any particular individual or employer and has been extracted or processed from a sufficiently large population of individuals or employers to insure that the data concerning any specific individual, employer, employee or unemployment benefit claimant cannot be discerned from the information if it is made public, thereby protecting the confidentiality of information maintained by the Oklahoma Employment Security Commission.
"Third Party Administrator"
means any entity that contracts with an employer to perform administrative functions on the employer's behalf related to the employer's compliance with any provision of the Employment Security Act of 1980, or any entity that contracts to represent the employer's interests in any protests, appeal or hearing before any division of the Oklahoma Employment Security Commission or the Board of Review. Attorneys licensed to practice law in Oklahoma who represent clients before the Oklahoma Employment Security Commission or the Board of Review shall not be considered third party administrators.
Added at 25 Ok Reg 1622, eff 6-12-08; Amended at 28 Ok Reg 638, eff 5-12-11
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-3 - Organization of Commission

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Employment Security Commission (Commission)
consists of five (5) members, appointed by the Governor, ... two of whom shall represent employers, two shall represent employees, and one shall represent the public. The representative of the public shall be the Chairman of the Commission
. [40:4-102]
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-4 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Employment Security Commission has
the power and authority to adopt, amend, or rescind such rules . . . as it deems necessary or suitable
[40:4-302] to administer the Oklahoma Employment Security (OES) Act. The Commission shall
adopt and, from time to time,may modify and amend rules . . . governing appeals before the Appeals Tribunal of the Commission and its referees
, . . . [40:2-607] .
Amended at 23 Ok Reg 884, eff 5-15-06
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-5 - Offices of the Commission

Current through Vol. 41, No. 20, July 1, 2024
The public may obtain information by contacting any of the Commission's local offices located throughout the State, a UI Service Center, or its administrative office located in the Will Rogers Office Building, 2401 North Lincoln Boulevard, P. O. Box 52003, Oklahoma City, OK 73152-2003, telephone number (405) 557-7200.
Amended at 9 Ok Reg 1831, eff 6-11-92; Amended at 12 Ok Reg 1373, eff 5-26-95; Amended at 24 Ok Reg 1232, eff 5-25-07
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-6 - Petitions to promulgate, amend or repeal rules

Current through Vol. 41, No. 20, July 1, 2024
Individuals or organizations who wish to petition the Oklahoma Employment Security Commission to promulgate, amend or repeal a rule must submit a typewritten request to the Executive Director, Oklahoma Employment Security Commission, Will Rogers Office Building, 5th Floor, 2401 North Lincoln Boulevard, P. O. Box 52003, Oklahoma City, OK 73152-2003. Requests must state rule number, purpose of the change and the exact wording for the amendment to the rule. The Executive Director will present such petition at the next regularly scheduled meeting of the Oklahoma Employment Security Commission for consideration and disposition.
Amended at 9 Ok Reg 1831, eff 6-11-92; Amended at 12 Ok Reg 1373, eff 5-26-95; Amended at 16 Ok Reg 1176, eff 5-13-99
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 1 - General Provisions › Section 240:1-1-7 - Petitions for declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to the Administrative Procedures Act, 75 O.S. § 307, individuals or organizations may file a Petition for Declaratory Ruling with the Oklahoma Employment Security Commission to obtain a determination on the applicability of any rule or order of the agency.
(b) The Petition for Declaratory Ruling shall include the following:
(1) Name, address, and telephone number of the individual or organization filing the Petition.
(2) Identification of the agency rule or order that the petitioner wishes to have a determination on.
(3) A short and plain statement of why the declaratory ruling is necessary, the facts that instigated the petition, the outcome the petitioner wishes to achieve, and any prior agency determinations that may be affected by the declaratory ruling requested.
(4) The petition must be signed by the individual, or the chief executive officer of the organization filing it. If the individual or organization is represented by an attorney or representative, that person may sign the petition on behalf of the filing party. The attorney or representative must print his or her full name, address, telephone number, and e-mail address on the petition.
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-1 - Location of records

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Employment Security Commission shall maintain records at its official offices. Records shall include those materials which are defined as "records" in the Open Records Act, 51 O.S., Sections 24A.1 through 24A.18.
Added at 11 Ok Reg 1599, eff 5-12-94
Oklahoma Administrative Code › Title 240 - Oklahoma Employment Security Commission › Chapter 1 - General Provisions › Subchapter 3 - Records and Inspections › Section 240:1-3-2 - Nonconfidential records

Current through Vol. 41, No. 20, July 1, 2024
(a) During regular business hours any person may inspect any record that is not deemed confidential by law at the office of the Commission where the record is maintained.
(b) The person requesting inspection of the record shall make his or her request in writing. The writing shall include the name, address, and telephone number of the person making the request, the date the records will be inspected, including any relevant identification numbers.
Added at 11 Ok Reg 1599, eff 5-12-94; Amended at 15 Ok Reg 1495, eff 5-11-98