reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 10 - Marketing and Safety Programs › Subchapter 22 - Media Rebate Program › Section 422:10-22-6 - Rebate percentage and amount

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission shall establish the media rebate percentage and amount. The commission may change this percentage and amount at any time. If the commission changes the rebate percentage and amount, an applicant whose application is approved shall receive the percentage and amount that is in effect on the delivery date.
(b) In setting the percentage amount of the rebate, the Commission may consider any or all of the following:
(1) availability of funds;
(2) the effectiveness of the program in increasing propane use;
(3) dealer participation;
(4) administrative cost; and
(5) increased public awareness of energy-conservation, energy-efficiency, or air-quality benefits.
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 10 - Marketing and Safety Programs › Subchapter 22 - Media Rebate Program › Section 422:10-22-7 - Verification; basis of rebate calculation

Current through Vol. 41, No. 20, July 1, 2024
(a) A rebate amount shall be calculated on the basis of an eligible media outlet's published rate card or rate schedule in effect at the time of the media purchase, unless a lower rate was available for comparable purchases at that time. If a lower rate for comparable purchases was available, the rebate amount shall be calculated based on that lower rate.
(b) The commission may conduct spot checks to verify rate cards or rate schedules of eligible media outlets.
Added at 17 Ok Reg 2999, eff 7-13-00
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 10 - Marketing and Safety Programs › Subchapter 22 - Media Rebate Program › Section 422:10-22-8 - Compliance

Current through Vol. 41, No. 20, July 1, 2024
(a) An applicant may be suspended from or declared ineligible to participate in the rebate program if, in the judgment of the commission director, the applicant has submitted false information or otherwise violated media rebate program rules.
(b) Within 30 days after the Commission director mails a notice of suspension or ineligibility to an applicant, the applicant may appeal the suspension or declaration of ineligibility in writing to the Commission. Action taken by the Commission with respect to such appeals are final.
Added at 17 Ok Reg 2999, eff 7-13-00
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 10 - Marketing and Safety Programs › Subchapter 22 - Media Rebate Program › Section 422:10-22-9 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
Any person may file a complaint about a media outlet, a propane dealer or another person regarding alleged violations of the rebate program rules. Complaints should be sent in writing to the Commission director at the address set forth in Sec.422:10-22-4 (relating to Application).
Added at 17 Ok Reg 2999, eff 7-13-00
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 10 - Marketing and Safety Programs › Subchapter 22 - Media Rebate Program › Section 422:10-22-10 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
Violations of media rebate program rules are subject to civil and criminal prosecution and penalties prescribed under O.S. 52 Sec. 420.28.
Added at 17 Ok Reg 2999, eff 7-13-00
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 1 - Purpose and Definitions › Section 422:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to set forth the procedures of the Commission used in the auditing and investigation of loading rack operators and importers, and the enforcement and collection of assessments due under the Act.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 1 - Purpose and Definitions › Section 422:15-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act"
means the Oklahoma Liquefied Petroleum Gas Research, Marketing, and Safety Act, 52 O.S.2001, §§ 420.20, et seq., as amended, or any act over which the Commission has regulatory jurisdiction.
"APA"
means Article I and/or Article II of the Administrative Procedures Act, 75 O.S. 2001, §§ 250, et seq and subsequent amendments.
"Assessment"
means the assessment in the amount of one-half cent ($0.005) per gallon imposed on the first sale of odorized LP gas or at the time of import of odorized LP gas into the State of Oklahoma or as otherwise determined by law.
"Assessment Hearing"
means an individual proceeding before the Commission to determine and order compliance by a loading rack operator or importer with the assessment requirements of the Act.
"Commission"
means the Oklahoma Liquefied Petroleum Gas Research, Marketing, and Safety Commission or its representative.
"Executive Director"
means the Executive Director of the Commission.
"Just Cause"
means a reasonable suspicion that a load rack operator or importer has failed to remit to the Commission the required assessment.
"Staff"
means the personnel of the Commission.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 3 - Audits and Investigations › Section 422:15-3-1 - Inspection of records

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon written request from the Commission, a loading rack operator or importer shall make available for inspection records of LP Gas operations necessary to determine whether the loading rack operator or importer has remitted the assessment due to the Commission. Such written request shall identify the records sought, shall designate a time and place for production of the records, and shall be served by certified mail or as otherwise allowed by law.
(b) If a loading rack operator or importer fails to comply with a request for inspection of records or if circumstances otherwise warrant, the Executive Director, or his or her designee, with the assistance of staff, shall apply to the Commission for an Order of Audit and Investigation and shall present to the Commission evidence in support thereof.
(c) After review of the application and supporting evidence, the Commission shall issue an Order of Audit and Investigation upon a determination by a majority of the Commission that just cause exists.
(d) The Order of Audit and Investigation shall set forth a summary of the evidence in support of the determination of just cause. The Order shall command the person or entity to whom it is directed to make available for inspection, examination, and copying the records of LP gas operations maintained pursuant to the Act and shall authorize a representative of the Commission to enter an office, premises or place of business of a loading rack operator or importer to inspect, examine, and obtain copies of the LP gas operation records.
Added at 22 Ok Reg 1500, eff 6-11-05; Amended at 25 Ok Reg 2517, eff 7-11-08
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 3 - Audits and Investigations › Section 422:15-3-2 - Execution of order of audit and investigation

Current through Vol. 41, No. 20, July 1, 2024
An Order of Audit and Investigation may be executed by the Commission at reasonable times and after reasonable notice to the loading rack operator or importer.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 5 - Assessment Hearings › Section 422:15-5-1 - Petition and notice

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director, or his or her designee, with the assistance of staff, shall petition the Commission for an Order of Assessment. The petition shall include a statement of the time, place and nature of the hearing; a statement of the legal authority and jurisdiction under which the hearing is to be held; a reference to the particular sections of the statutes and rules involved; and a short and plain statement of the matters asserted. The petition shall satisfy the requirements of the APA. The petition shall be served on the parties by certified mail, personal service, or other such means as may be permitted in the Oklahoma Pleading Code. The parties shall be provided thirty (30) days notice of an Assessment Hearing.
Added at 22 Ok Reg 1500, eff 6-11-05; Amended at 25 Ok Reg 2517, eff 7-11-08
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 5 - Assessment Hearings › Section 422:15-5-2 - Responses and continuances

Current through Vol. 41, No. 20, July 1, 2024
(a) A Respondent may file with the Commission a responsive pleading to a petition for an Order of Assessment. Responses must be postmarked no later than seven days prior to the scheduled hearing.
(b) Motions for continuance of the hearing to another date or time shall be in writing and filed with the Commission. A motion for a continuance shall state the reasons for the request and specify the length of time requested.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 5 - Assessment Hearings › Section 422:15-5-3 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a) Subpoenas for the attendance of witnesses, the furnishing of information and the production of evidence shall be issued by the Executive Director, or his or her designee, upon request by a party. As an officer of the court, an attorney authorized to practice law in Oklahoma may also issue and sign subpoenas. Filing a formal request for the issuance of subpoenas shall not be required. Subpoenas shall be served and a return made in the same manner as provided in the Oklahoma Pleading Code.
(b) A party may seek an appropriate judicial proceeding to compel compliance by persons who fail to obey a subpoena, who refuse to be sworn or make an affirmation at a hearing or who refuse to answer a proper question during a hearing. The hearing shall proceed despite any such refusal but the Commission may, in its discretion at any time, continue the proceedings as necessary to secure a court ruling.
(c) Motions to quash subpoenas may be filed with the Commission and will be ruled on by the Commission.
Added at 22 Ok Reg 1500, eff 6-11-05; Amended at 25 Ok Reg 2517, eff 7-11-08
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 5 - Assessment Hearings › Section 422:15-5-4 - Administrative law judge

Current through Vol. 41, No. 20, July 1, 2024
The Commission may designate a person to serve as Administrative Law Judge for any proceeding properly filed with the Commission. Administrative Law Judges shall be familiar with the rules of procedure and generally familiar with the substantive rules governing the matter, and shall not have had prior involvement in the matter other than as a Administrative Law Judge. The Administrative Law Judge so designated shall have full authority to conduct all aspects of the hearing and may take any action not inconsistent with the provisions of the rules of this Chapter or of the APA for the maintenance of order at hearings and for the expeditious, fair, and impartial conduct of the proceedings. The Administrative Law Judge may also:
(1) arrange and issue notice of the date, time and place of hearings and conferences;
(2) establish the methods and procedures to be used in the presentation of the evidence;
(3) administer oaths and affirmations;
(4) regulate the course of the hearing and govern the conduct of participants;
(5) examine witnesses;
(6) rule on, admit, exclude and limit evidence;
(7) establish the time for filing motions, testimony, and other written evidence, briefs, findings, and other submissions, and hold the record open for such purposes; and
(8) rule on motions and other pending procedural matters.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 5 - Assessment Hearings › Section 422:15-5-5 - Order of procedure

Current through Vol. 41, No. 20, July 1, 2024
Upon proper service of petition and notice to the Respondent, the Commission shall hold an Assessment Hearing. All motions shall be considered and ruled on by the Commission prior to the consideration of the petition. At the hearing on the petition, each party may make an opening statement; present witnesses, documents and exhibits on its behalf; cross-examine adverse witnesses; present rebuttal witness; and make closing arguments. The rules of evidence shall be those specified by the APA.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 422 - Oklahoma Liquefied Petroleum Gas Research, Marketing and Safety Commission › Chapter 15 - Assessment Enforcement and Collection › Subchapter 5 - Assessment Hearings › Section 422:15-5-6 - Order of assessment

Current through Vol. 41, No. 20, July 1, 2024
(a) After review and consideration of all evidence presented and upon a majority vote of the Commission, the Commission may issue an Order of Assessment commanding the remittance of assessments owed and imposing such penalties as may be provided by law. The Order shall include findings of fact and conclusions of law, and shall otherwise satisfy the requirements of the APA. The Order of Assessment shall be a final order appealable under the APA.
(b) Any Respondent or other person who fails to appear as directed, after service of the petition and notice of hearing as provided by these rules, may be determined to have waived the right to appear and present a defense to the allegations contained in the petition. A final order in such proceeding may be issued by the Administrative Law Judge or the granting by default the relief prayed for in the petition.
(c) Any dispute over the remittance of an assessment may be resolved by an agreed settlement or consent order, with the approval of a majority of the Commission.
Added at 22 Ok Reg 1500, eff 6-11-05
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
The Long-Range Capital Planning Commission of the State of
				  Oklahoma was created to implement the State Capital Improvement Planning Act
				  found at 62 O.S., Section 900 et seq. The Commission has been charged with the
				  annual preparation of a state capital plan which addresses state public capital
				  facility needs for the ensuring eight years. In order to facilitate the
				  business of the Commission and the Office of Management and Enterprise
				  Services, as well as the state governmental entities subject to the Act and the
				  rules of this title, the rules of this Chapter establish the operations of the
				  Commission and their staff.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-2 - Official office

Current through Vol. 41, No. 20, July 1, 2024
The Long-Range Capital Planning Commission offices are
				  located at 2401 North Lincoln Boulevard, Suite 206, Oklahoma City, OK 73105,
				  within the offices of the Office of Management and Enterprise Services ,
				  employees of which serve as staff to the Commission. The telephone number of
				  the Commission is (405) 522-0440 and the facsimile machine number is (405)
				  521-6403. The office hours are from 8:00 a.m. to 5:00 p.m. Central Time, Monday
				  through Friday, except legal holidays.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-3 - Executive sessions

Current through Vol. 41, No. 20, July 1, 2024
The Commission may hold executive sessions at such meetings
				  as is permitted by the Oklahoma Open Meeting Act.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-4 - Notice of meetings

Current through Vol. 41, No. 20, July 1, 2024
Notice of regular and special meetings of the Commission will
				  be given in accordance with the provisions of the Oklahoma Open Meeting Act
				  .
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-5 - Agenda items

Current through Vol. 41, No. 20, July 1, 2024
The Office of Management and Enterprise Services prepares an
				  agenda on behalf of the Commission for each meeting of the Commission. The
				  agenda is filed and posted in accordance with the Oklahoma Open Meeting Act.
				  Members of the public may request the Commission to place matters on the agenda
				  for a meeting.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-6 - Open records

Current through Vol. 41, No. 20, July 1, 2024
All requests for the public records of the Commission will
				  be made through the Office of Management and Enterprise Services , which will
				  be charged with making the public records of the Commission available for
				  inspection by, or copying to, the requesting party during normal business
				  hours. The Commission will charge $0.25 per page for each copy of a public
				  record with the dimension of 8-1/2 by 14 inches or smaller. For all other
				  records, the Commission will charge the actual direct cost of reproduction. The
				  Office of Management and Enterprise Services will decide if the request is for
				  a record not otherwise deemed confidential under Oklahoma Law. Except
				  information that is confidential under Oklahoma or federal law, all documents
				  or other records of the Commission will be open for public inspection and
				  copying.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-7 - Severability

Current through Vol. 41, No. 20, July 1, 2024
Each provision of this Title is severable. If any provision
				  is declared invalid, the invalidity will not affect any other provision(s) of
				  this Title.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 428:1-1-8 - Interpretation of Title

Current through Vol. 41, No. 20, July 1, 2024
This Title and procedures are adopted to simplify procedure,
				  avoid delays, save expenses and facilitate implementation of the State Capital
				  Improvement Planning Act by the Long-Range Capital Planning Commission. To that
				  end, this Title will be given a fair and impartial
				  construction.
Added at 10 Ok Reg 2451,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 1 - General Provisions › Section 428:10-1-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
In order to provide guidelines for all state governmental entities as defined in 62 O.S., Section 695.3 and the Regents for Higher Education, which are subject to the provisions of the State Capital Improvement Planning Act, the rules of this Chapter establish the time frames, methods, evaluation criteria and information required to be prepared and submitted by state governmental entities and Regents for Higher Education in order to facilitate the business of the Commission. The Long-Range Capital Planning Commission of the State of Oklahoma was created to implement the State Capital Improvement Planning Act found at 62 O.S., Section 900 et seq. The Commission has been charged with the annual preparation of a state capital plan which address state public capital facility needs for the ensuing eight years.
Added at 10 Ok Reg 2449,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 1 - General Provisions › Section 428:10-1-2 - Statutory definitions

Current through Vol. 41, No. 20, July 1, 2024
The term "State Governmental Entity" is defined in 62 O.S.,
				  Section 695.3.
Added at 10 Ok Reg 2449,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 1 - General Provisions › Section 428:10-1-3 - 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:
"The Act"
means the State Capital Improvement Planning Act, 62 O.S., Section 900 et. seq.
"Capital project"
is defined as a planned expense for a facility or physical item requiring a minimum expenditure of $50,000, having a useful lifespan of five years or more, and meeting one of the following definitions:
(A) Involves the acquisition or construction of any physical facility;
(B) Involves the acquisition of land;
(C) Involves the acquisition or construction of public utilities;
(D) Involves the acquisition of major equipment or physical systems, such as computer technology, communications systems, major specialized vehicles, etc.;
(E) Involves modifications to facilities, including additions to existing facilities, which increases the useful life of the facility, and/or
(F) Capital maintenance or replacement projects on existing facilities, which are defined as non-recurring projects to repair, maintain or replace existing facilities for the purpose of protecting the state's investment in a facility and minimizing future maintenance and replacement costs. To be considered a capital maintenance project, a project must have an interval between expenditures of at least five years. Capital projects do not include normal operating expenditures for salaries, routine maintenance or repair, or activities associated with or consumed during a single fiscal year.
"Commission"
means the Long-Range Capital Planning Commission established pursuant to 62 O.S., Section 901.
"Decision package"
means the capital project information and supporting documentation that an agency submits as a capital outlay request.
"Inventory of capital facilities"
means a schedule of capital items held by state government entities. Such schedule shall include, but not be limited to, a description of property, date of acquisition, useful/remaining life, and replacement value.
"Plan"
means the state capital plan to be prepared annually by the Long-Range Capital Planning Commission.
"Remaining useful life"
means an estimate of the period of time over which the facility or item shall continue to serve its intended function, based on its current condition. The current condition should be assessed each year at the time the inventory is prepared and the remaining useful life should be determined according to this annual assessment.
"Replacement cost"
means the cost to replace the item at the time the inventory is being prepared. That is, the current replacement cost, rather than the cost of replacing the item at the end of its useful life.
Added at 10 Ok Reg 2449,
				  eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 3 - State Capital Plan › Part 1 - STATE ENTITY REQUESTS › Section 428:10-3-1 - Request format

Current through Vol. 41, No. 20, July 1, 2024
(a) State
				  governmental entities requesting completion of existing projects or new capital
				  projects must prepare and submit a decision package as provided by the
				  Commission and the Office of Management and Enterprise Services.
(b) The decision package shall include, at a
				  minimum, the following information:
(1)
				  Description of project;
(2) Length
				  and phasing of project;
(3)
				  Estimate of project costs (by fiscal year);
(4) Sources of funds to be used for the
				  project;
(5) Operational cost
				  changes; and
(6) Supporting
				  documentation to justify project need.
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 3 - State Capital Plan › Part 1 - STATE ENTITY REQUESTS › Section 428:10-3-2 - Procedures for capital outlay requests

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of Management and Enterprise Services shall provide sufficient training to state entity personnel regarding the process for submitting capital outlay requests.
(b) The process for submitting capital outlay requests shall be provided to state governmental entities no later than June 1 of each calendar year.
(c) State governmental entities shall submit completed capital outlay requests to the Office of Management and Enterprise Services, along with any and all attachments required for a decision package, no later than July 31 of the same calendar year.
Added at 10 Ok Reg
					 2449, eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 3 - State Capital Plan › Part 3 - PREPARATION OF THE STATE CAPITAL PLAN › Section 428:10-3-3 - Contents of the Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The Plan shall
				  include, but not be limited to, the mandates of Section 901 of the
				  Act.
(b) The Commission will review
				  and evaluate capital outlay requests submitted by state government entities. As
				  a result of the evaluation, the Commission will formulate and recommend a
				  detailed list of capital projects for the executive and legislative branches to
				  consider for funding during the next two fiscal years. In addition, a listing
				  of recommended projects for the six fiscal years following the aforementioned
				  two, will be prepared by the Commission.
Added at 10 Ok Reg
					 2449, eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 3 - State Capital Plan › Part 3 - PREPARATION OF THE STATE CAPITAL PLAN › Section 428:10-3-4 - Formulation and submission of the Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The State Capital Plan shall be submitted
				  to the Governor, Speaker of the House of Representatives and President
				  Pro-Tempore of the Senate no later than December 1 of each year.
(b) An itemized and prioritized list of
				  proposed projects set forth in the Plan shall be submitted to the Governor,
				  Speaker of the House of Representatives and President Pro-Tempore of the Senate
				  within the first seven days of a regular legislative session.
(c) The Legislature will have a period of 45
				  days from the date that the list is submitted to pass a concurrent resolution
				  disapproving any or all of the proposed projects. If the Legislature does not
				  pass a concurrent resolution by the end of the 45 th
				  day following the submittal of the list, the projects shall be deemed to have
				  been approved by the Legislature.
(d) Upon approval of all or any part of the
				  list of proposed projects, the Office of Management and Enterprise Services is
				  authorized to expend funds for approved projects in order of the priority set
				  forth in the Plan, as funding is available in the Maintenance of State
				  Buildings Revolving Fund.
Added at 10 Ok Reg
					 2449, eff 6-11-93
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 3 - State Capital Plan › Part 3 - PREPARATION OF THE STATE CAPITAL PLAN › Section 428:10-3-5 - Implementation of the Plan

Current through Vol. 41, No. 20, July 1, 2024
(a) The Office of Management and Enterprise Services may advance fund agencies for approved capital projects. State agencies that are awarded funds from the Maintenance of State Buildings Revolving Fund shall report completion and financial progress to the Office of Management and Enterprise Services on a schedule and forms to be determined by the Office of Management and Enterprise Services.
(b) State governmental entities with approved capital projects shall initiate their approved capital project following procedures established by the Office of Management and Enterprise Services.
(c) Change orders to approved capital projects will be made in accordance with change order rules set forth by the Office of Management and Enterprise Services - Construction and Properties. Project changes falling outside of those rules shall be approved by the Commission.
(d) Approved capital projects shall be completed within thirty (30) months of notification by OMES to the agency that the project has been approved. Projects that are not completed within thirty (30) months of notification of approval will be considered void. Funding from the Maintenance of State Buildings Revolving Fund that has been allocated for voided capital projects shall be released to be used for other approved capital projects by order of priority in the Plan. Voided projects may be resubmitted for consideration by the Commission at a later date.
Oklahoma Administrative Code › Title 428 - Long-Range Capital Planning Commission › Chapter 10 - Administration of the State Capital Improvement Planning Act › Subchapter 3 - State Capital Plan › Part 3 - PREPARATION OF THE STATE CAPITAL PLAN › Section 428:10-3-6 - Emergency Projects

Current through Vol. 41, No. 20, July 1, 2024
(a) Emergency
				  capital needs may be considered for funding through the Maintenance of State
				  Buildings Revolving Fund if the following criteria have been met:
(1) The owning agency has declared the
				  capital need an emergency pursuant to 61 O.S. §
											130;
(2) The Director of the Office of Management
				  and Enterprise Services has determined that there are sufficient funds in the
				  Maintenance of State Buildings Revolving Fund to pay for the emergency
				  need;
(3) The Director of the Office
				  of Management and Enterprise Services has submitted the emergency capital need
				  and cost information to the Speaker of the House of Representatives and the
				  President Pro Tempore of the Senate; and
(4) The Speaker of the House of
				  Representatives and the President Pro Tempore of the Senate have approved the
				  funding of the emergency capital need within five calendar days of the
				  submittal from the Director of the Office of Management and Enterprise
				  Services.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 1 - General Administration › Section 429:1-1-1 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 23 Ok Reg 171, eff 10-10-05
				(emergency); Reserved at 23 Ok Reg 2774, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 1 - General Administration › Section 429:1-1-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This
				Chapter explains the nature and general operations of the Oklahoma Lottery
				Commission. The rules have been promulgated for the purpose of administrating
				and enforcing the Oklahoma Education Lottery Act, Sections 701 et seq. of Title
				3A of the Oklahoma Statutes. The Oklahoma Lottery Commission (OLC) Board of
				Trustees may amend these Rules and/or adopt new Rules as necessary to
				administer the Act. In the event of a conflict between the Act and these Rules,
				the Act will govern.
Added at 23 Ok Reg 171, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2774, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 1 - General Administration › Section 429:1-1-3 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In
				addition to terms defined in the Oklahoma Education Lottery Act, the following
				words or terms, when used in this Chapter, shall have the following meaning
				unless the context clearly indicates otherwise:
"Lottery Retailer"
or
"Retailer"
means a business entity contracted to OLC to sell lottery tickets.
"Oklahoma Lottery Retailer Contract"
means Parts 1
				through 8 of the Lottery Retailer Sales Contract Application, Title 3A, Section
				701 ff of
				the Oklahoma Statutes as amended, Emergency and Permanent Rules approved by the
				OLC Board. As used in these Rules the terms,
"Retailer
				Contract,""Oklahoma Ticket Sales Contract,""Lottery Retail Sales
				Contract,"
and
"Lottery Retailer Sales Contract"
all mean
"Oklahoma Lottery Retailer Contract".
"OLC"
means the Oklahoma Lottery Commission.
Added at 23 Ok Reg 171, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2774, eff 6-25-06; Amended at 24 Ok Reg 1089,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 1 - General Administration › Section 429:1-1-5 - Procedures for retailer appeal to Board

Current through Vol. 41, No. 20, July 1, 2024
(a) The
			 provisions of this rule are provided to retailers who wish to appeal the
			 cancellation, denial, revocation, temporary suspension, suspension or rejection
			 of renewal of a lottery retailer contract by the executive director or
			 designee.
(b) These rules shall be
			 given the most reasonable meaning, taken in their total context, and will be
			 construed to secure due process in the resolution of retailer appeals. They
			 shall not be construed to limit legal rights or obligations of any party.
(c) The executive director shall
			 designate a member of the Oklahoma Lottery Commission (OLC) staff to evaluate
			 lottery retailer contracts. That designee may:
(1) Temporarily suspend a lottery retailer
			 contract without prior notice pending any prosecution, hearing, or
			 investigation, whether by a third party or by the OLC; or,
(2) Cancel, suspend, deny, revoke, terminate,
			 or reject renewal of a lottery retailer contract when it is in the best
			 interest of the lottery, the public welfare, or the State of Oklahoma, and
			 shall promptly notify the retailer of such action.
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 1 - General Administration › Section 429:1-1-6 - Officers

Current through Vol. 41, No. 20, July 1, 2024
(a)
Officers.
The officers of
			 the Board of Trustees shall be a Chair, Vice Chair, Secretary and Treasurer. No
			 member of the Board shall hold more than any one office at the same
			 time.
(b)
Terms of
			 Officers.
Officers of the Board of Trustees shall be elected annually,
			 prior to January 1st of each calendar year, to serve a term of one (1) year in
			 the calendar year following their election. The affirmative vote of a majority
			 of present and voting Board members shall be required for the election of each
			 officer.
(c)
Limit on Terms
			 of Officers.
A Board member may not serve more than three consecutive
			 years in the same office. For this purpose service of a partial year in
			 calendar year 2005 shall be counted as one of the three years. A Board member
			 may serve in any other office following three years of service in the same
			 office and may be elected for additional service in the same office after
			 serving a three year term so long as there has been one full year in which that
			 Board member did not serve in that office.
(d)
Vacancies.
In the event of a
			 vacancy in any of the offices listed in (a) of this Section, the Board of
			 Trustees shall elect a successor to such office to fill the unexpired term of
			 the officer previously elected to such office. In the event of a vacancy in the
			 office of Chair, the Vice Chair shall serve as Chair until election of a
			 successor Chair. In the event of a vacancy in the office of Vice Chair,
			 Secretary or Treasurer, the Chair may appoint from among the Board of Trustees
			 a person to serve as such officer in the vacant office until election of a
			 successor to that office.
Added at 23 Ok Reg 2774, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-1 - RESERVED

Current through Vol. 41, No. 20, July 1, 2024
Reserved at 23 Ok Reg 174, eff 10-10-05
				(emergency); Reserved at 23 Ok Reg 2778, eff
				6-25-06
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In
				addition to terms defined in the Oklahoma Education Lottery Act, the following
				words or terms, when used in this Chapter, shall have the following meaning
				unless the context clearly indicates otherwise:
"Activated Pack"
means the status of a pack of
				tickets which indicates to the OLC that tickets are being sold from that pack.
"Claim Form"
means the printed form authorized by
				OLC that a player shall complete and submit to OLC along with a ticket to
				determine eligibility for prize payment, in the event that such prize has not
				been validated and paid by an OLC retailer.
"Claimant"
means a player who has submitted a
				claim for prize payment.
"Lottery Retailer"
or
"Retailer"
means a business entity contracted to OLC to sell lottery tickets.
"Low-Tier Prize"
means a prize of twenty-five
				dollars ($25) or less.
"OLC"
means the Oklahoma Lottery Commission.
"Pack"
or
"Pack Size"
means a package
				of instant tickets, each ticket with a different number. The number of tickets
				in a pack is generally from 60 to 500.
"Pack Number"
means the unique number on the
				ticket that designates each pack of instant tickets in the game. Each pack
				number is unique within each instant game.
"Retailer Commission"
means the amount of money
				paid to retailers for selling lottery products.
"Settled Pack"
means the status of an activated
				pack of instant tickets when the OLC has invoiced the retailer based upon a
				pre-determined formula or schedule and the retailer has paid for the pack.
"Ticket"
means any tangible evidence issued by the
				lottery to provide participation in a lottery game or drawing authorized by the
				Act.
"Validation Procedures"
means the procedures
				utilized by OLC and/or its authorized vendors to determine if a claimed ticket
				is a valid winner.
"Valid Ticket"
means a ticket which meets all OLC
				game specifications and OLC validation requirements.
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2778, eff 6-25-06; Amended at 24 Ok Reg 1092,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-3 - Retailer compensation

Current through Vol. 41, No. 20, July 1, 2024
(a) Retailers will earn six-percent (6%) for
			 each dollar of ticket sales plus three-quarters of one-percent (.75%) for each
			 dollar of prizes $600.00 or less paid by the retailer.
(b) In the event OLC designates certain
			 retailers to pay prizes of up to $5,000, pursuant to the Act and
			 429:10-1-7(b)
			 (relating to payment of prizes), retailers so designated shall earn six-percent
			 (6%) for each dollar of ticket sales plus three-quarters of one-percent (.75%)
			 for each dollar of prizes $5,000 or less paid by the retailer; retailers so
			 designated will receive $10 for each prize claim processed and forwarded to OLC
			 for payment.
(c) Retailers may
			 earn a bonus payment for selling a winning PowerBall or Lotto America ticket as
			 provided herein:
(1) Powerball Jackpot prize
			 ticket (6 of 6), not more than $25,000;
(2) PowerBall second level prize ticket (5 of
			 5 white balls with no PowerBall), not more than $5,000;
(3) Lotto America Jackpot prize ticket (6 of
			 6), not more than $5,000;
(4)
			 Lotto America second level prize ticket (5 of 5 white balls with no All Star
			 Bonus), not more than $1,000;
(5)
			 MegaMillions Jackpot prize ticket (6 of 6), not more than $25,000;
(6) MegaMillions second level prize ticket (5
			 of 5 white balls with no MegaBall), not more than $5,000;
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-4 - Retailer application fee

Current through Vol. 41, No. 20, July 1, 2024
Persons applying to become lottery retailers shall be charged a uniform
				application fee of $95. The OLC may designate a portion of this fee as a
				non-refundable application fee and the remaining portion to cover the retailer
				bonding requirements.
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 179, eff 10-20-05 (emergency); Added at 23 Ok
				Reg 2778, eff 6-25-06; Amended at 24 Ok Reg 1092, eff
				5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-5 - Acceptance and return of instant lottery tickets

Current through Vol. 41, No. 20, July 1, 2024
(a) All
			 instant lottery tickets ordered by retailer and accepted from OLC or its
			 authorized distributor are deemed to be purchased by retailer at the price
			 established by OLC, less appropriate retailer commissions and/or OLC approved
			 adjustments.
(b) Retailers will
			 accept only complete ticket orders and will not be allowed to accept a part of
			 the ticket order delivered to them.
(c) Retailers shall be responsible for lost,
			 stolen, missing, damaged or destroyed active packs of instant tickets and will
			 be charged the full price of the tickets minus any applicable commissions,
			 unless the tickets are recovered by OLC. If a retailer notifies the OLC within
			 24 hours of any active pack of tickets becoming lost, stolen, missing, damaged
			 or destroyed and files a police report, in instances when packs are stolen, and
			 cooperates in the investigation by the OLC, the OLC may reduce the retailer's
			 costs to $25.00 for each active pack.
(d) Retailers are responsible for lost,
			 stolen, missing, damaged or destroyed inactive instant tickets. If a retailer
			 notifies the OLC within 24 hours of any inactive pack of tickets becoming lost,
			 stolen, missing, damaged or destroyed and files a police report, in instances
			 when packs are stolen, and cooperates with OLC in the investigation by OLC, the
			 OLC may waive any retailer cost for each inactive pack.
(e) The OLC will accept the return of all
			 instant tickets damaged prior to delivery acceptance by the retailer. These
			 tickets must be returned to a designated OLC representative within one week of
			 receipt of the tickets. The OLC may, at their sole discretion, elect to accept
			 the return of tickets damaged after delivery.
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2778, eff 6-25-06; Amended at 25 Ok Reg 991,
				eff 5-11-08
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-6 - Acceptance of online tickets

Current through Vol. 41, No. 20, July 1, 2024
(a) Retailers shall agree that all online
			 tickets cannot be cancelled once printed.
(b) Retailers shall utilize the online game
			 sales confirmation screen or prompt to advise players of the cost of the
			 player's ticket selection cost whenever the total cost exceeds $25.00, or
			 whenever multiple draw tickets are requested or multiple tickets are requested
			 for a single draw; for each individual transaction, this player confirmation
			 will occur prior to actual printing and sale of the tickets.
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2778, eff 6-25-06; Amended at 24 Ok Reg 1092,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-7 - Payment of prizes

Current through Vol. 41, No. 20, July 1, 2024
(a) During the retailer's normal business
			 hours, retailers are required to pay prizes $600.00 or under. Retailers are
			 encouraged to pay in cash, but they may pay mid-tier prizes ($25.01 to $600)
			 with a business check or money order if this is disclosed in advance to the
			 claimant. Consistent reported failure to pay prizes to claimants or the
			 issuance of a non-sufficient funds (NSF) check to claimants may be sufficient
			 grounds to suspend or terminate the retailer contract.
(b) OLC may authorize designated retailers to
			 pay prizes up to five-thousand dollars ($5,000.00), without regard to where the
			 ticket or share was purchased, after performing validation procedures
			 appropriate to the game and as specified by the Board.
(c) Before attempting to validate a ticket,
			 the Retailer should instruct the Claimant to print their name on the back of
			 the ticket and sign their name in the space provided.
(d) Retailer must establish that the ticket
			 is a winning ticket by using the OLC validation procedures/system. If the
			 retailer does not receive the appropriate authorization to pay, the ticket
			 should be returned to the claimant with instructions to file a claim with OLC.
(e) After validating and paying a
			 winning instant game ticket, the retailer should deface the ticket in a manner
			 sufficient to prevent subsequent attempts to claim the ticket prize amount.
(f) For prizes greater than $600,
			 retailers will provide claimants with OLC claim forms, if available, or direct
			 them to an authorized claim center, the OLC office, or the OLC website.
(g) A retailer shall not charge
			 any player or claimant a fee for selling a ticket, validating a winning ticket,
			 paying a winning ticket, verifying a non-winning ticket, providing a claim
			 form, or for any other assistance not authorized by OLC.
(h) If a claimant of a winning ticket is less
			 than 18 years of age, retailers must instruct the claimant that the Act
			 prohibits prize payment to any person under the age of 18 years and return the
			 ticket to the claimant.
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2778, eff 6-25-06; Amended at 24 Ok Reg 1092,
				eff 5-12-07
Oklahoma Administrative Code › Title 429 - Oklahoma Lottery Commission › Chapter 10 - Retailer Provisions › Section 429:10-1-8

Current through Vol. 41, No. 20, July 1, 2024
Added at 23 Ok Reg 174, eff 10-10-05
				(emergency); Added at 23 Ok Reg 2778, eff 6-25-06; Amended at 24 Ok Reg 1092,
				eff 5-12-07