reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 9 - Defined Contribution 457(B) Plan › Part 9 - TRUST › Section 590:40-9-51 - Payments from Trust Fund

Current through Vol. 41, No. 20, July 1, 2024
(a)
Payments by Recordkeeper.
The Recordkeeper shall make payments
				  from the Trust Fund to such persons in such manner, at such times, and in such
				  amounts as the Board, acting through OPERS, shall direct. The Recordkeeper
				  shall be fully protected in making, discontinuing, or stopping payments from
				  the Trust Fund in accordance with the directions of the Board or OPERS. The
				  Recordkeeper shall have no responsibility to ascertain whether the directions
				  of the Board or OPERS comply with the Plan or to determine whether the
				  application of payments so made comply with the Plan. When the Board or OPERS
				  directs that any payment is to be made only during or until the time a certain
				  condition exists regarding the payee, any payment made by the Recordkeeper in
				  good faith, without actual notice or knowledge of the changed status or
				  condition of the payee, shall be considered to have been properly made by the
				  Recordkeeper and made in accordance with the direction of the Board or
				  OPERS.
(b)
Administrative
				  expenses.
To the extent permitted by law, the Board shall be reimbursed
				  for its expenses, if any, that are reasonable and necessary for the
				  administration of the Plan and the Trust pursuant to 74 O.S. §
										935.6
				  and
				  590:40-3-9.
(c)
Taxes.
The Board, acting
				  through OPERS or the Recordkeeper is authorized, to the extent required under
				  applicable law, to withhold from distributions to any payee such sum as the
				  Board determines is necessary to cover federal and state taxes for which the
				  Board may be liable, which are, or may be, assessed with regard to the amount
				  distributable to such payee, in accordance with 590:40-9-37. Upon discharge or
				  settlement of such tax liability, the Board shall pay the balance of such sum,
				  if any, to such payee or to the estate of the payee. Prior to making any
				  payment or distribution hereunder, the Board may require such releases or other
				  documents from any lawful taxing authority and may require such indemnity from
				  any payee or distributee as the Board shall reasonably deem necessary for its
				  protection.
(d)
Employer
				  payments prohibited.
No amounts shall be payable to the Employer
				  hereunder from the Trust Fund except as provided in the Plan.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 9 - Defined Contribution 457(B) Plan › Part 9 - TRUST › Section 590:40-9-52 - Investment of Trust Fund

Current through Vol. 41, No. 20, July 1, 2024
(a)
Use of corpus.
The corpus or income of the Trust Fund may not be
				  diverted to or used for any other purpose than the exclusive benefit of the
				  Participants or their Beneficiaries.
(b)
Duties of the Board.
The
				  Board shall perform all acts within its authority under this Plan for the
				  exclusive purpose of providing benefits to Participants and their beneficiaries
				  and defraying reasonable expenses of administering the Plan and Trust. The
				  Board shall further perform such acts with the care, skill, prudence, and
				  diligence under the circumstances then prevailing that a prudent person acting
				  in a like capacity and familiar with such matters would use in the conduct of
				  an enterprise of a like character and with like aims. Subject to the terms of
				  the preceding sentence, the Board shall diversify the investments of the Trust
				  Fund so as to minimize the risk of large losses by offering diverse investment
				  options to Participants, unless under the circumstances it is clearly prudent
				  not to do so. To the extent applicable for this Plan and Trust, provisions of
				  the Oklahoma Statutes which reference the powers and duties of the Board are
				  incorporated.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 9 - Defined Contribution 457(B) Plan › Part 9 - TRUST › Section 590:40-9-53 - Trust Accounts

Current through Vol. 41, No. 20, July 1, 2024
At least once each quarter, the Recordkeeper shall provide
					 a written account to the Board setting forth all transactions subsequent to the
					 end of the period covered by its last previous account, and listing the assets
					 of the Trust Fund at the close of the period covered by such account. Each
					 year, the Board shall publish an annual report presented in simple and easily
					 understood language. The annual report shall cover the operation of the Plan
					 and Trust, during the past year, including income, disbursements, and the
					 financial condition of the Plan and Trust and any other information deemed
					 relevant by the Board. The annual report shall be written in such a manner as
					 to permit a readily understandable means for analyzing the financial condition
					 and performance of the Plan and Trust.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 9 - Defined Contribution 457(B) Plan › Part 9 - TRUST › Section 590:40-9-54 - Miscellaneous

Current through Vol. 41, No. 20, July 1, 2024
(a)
Equity in
				  Employer.
The creation of this Trust shall not be construed as giving
				  any person entitled to benefits hereunder or other employees of the Employer,
				  who are not Participants of the Plan, any equity or other interest in the
				  assets, business, or affairs of the Employer.
(b)
Additional bond for Board.
No additional bond, surety or security shall be required of the Board except as
				  may be required by law or by the Employer.
(c)
Insurance for Board.
The
				  Board may procure insurance indemnifying the members of the Board from personal
				  loss or accountability from liability resulting from a member's action or
				  inaction as a member of the Board.
(d)
Severability.
If any
				  provision or provisions of this Plan or Trust shall be held illegal or invalid
				  for any reason, the illegality or invalidity shall not affect the remaining
				  provisions of this Plan or Trust, but shall be fully severable and the Plan
				  and/or Trust shall be construed and enforced as if the illegal or invalid
				  provisions had never been inserted herein.
(e)
Enforcement of Trust Fund.
The Employer shall have the authority, but shall be under no duty, to enforce
				  this Trust on behalf of any and all persons having or claiming any interest in
				  the Trust Fund. In any action or proceeding affecting the Trust Fund or the
				  administration thereof, or for instructions to the Board, the Employer and the
				  Board shall be the only necessary parties, and no employees of the Employer or
				  their beneficiaries, or any other person having or claiming to have an interest
				  in the Trust Fund shall be entitled to any notice of process. Any judgment that
				  may be entered in such action or proceeding shall be binding on all persons
				  having or claiming to have any interest in the Trust Fund.
(f)
Employment contract.
Entering into this Plan and Trust by the Employer and the Participant shall not
				  be construed to give a contract of employment to the Participant or to alter or
				  amend an existing employment contract of the Participant, if in fact one
				  exists, nor shall the entering into this Plan and Trust be construed as
				  affording the Participant any representation or guarantee regarding continued
				  employment.
(g)
Prohibited
				  transaction.
The Board may not engage in a transaction prohibited by
				  Code Section 503(b).
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a)
Establish
				policies and procedures.
The rules of this Subchapter have been adopted
				to establish policies and procedures for the process of approving qualified
				domestic relations orders, setting standards for such orders and administering
				the payment of benefits to alternate payees from each of the Plans.
(b)
Code requirements.
If all or
				a portion of a Participant's account in the Plans may be assigned to an
				alternate payee pursuant to a qualified domestic relations order that meets the
				requirements of a domestic relations order as defined in Code Section 414(p),
				then the applicable requirements of Code Section 414(p) shall be followed by
				the Plan.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Subchapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Qualified Domestic Relations Order"
means an
				  order issued by a district court of the State of Oklahoma pursuant to the
				  domestic relations laws of this state which relates to the provision of marital
				  property rights to a spouse or former spouse of a Participant or provision of
				  support for a minor child or children and which creates or recognizes the
				  existence of an alternate payee's right to, or assigns to an alternate payee
				  the right to receive a portion of the benefits payable with respect to a
				  Participant of the Plan.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-3 - Filing a qualified domestic relations order

Current through Vol. 41, No. 20, July 1, 2024
A Participant, a Participant's former spouse, or the legal
				  representative of either may file a qualified domestic relations order with
				  OPERS. In not more than ninety (90) days of such filing, OPERS will acknowledge
				  receipt and notify all parties listed in the order that the order has been
				  accepted or that clarification of the order must be provided. All qualified
				  domestic relations orders filed with OPERS must be in accordance with Oklahoma
				  Statutes and this Subchapter. No rights or benefits shall be enforceable until
				  the order is accepted by OPERS. Upon acceptance, OPERS shall send the order to
				  the Recordkeeper for processing and payment in accordance with the order. The
				  Recordkeeper may charge the Participant, the alternate payee, or both a fee for
				  processing the order. Such fee may be deducted by the Recordkeeper from the
				  accounts of the Participant and the alternate payee.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-4 - Contents of qualified domestic relations order

Current through Vol. 41, No. 20, July 1, 2024
(a)
Requirements for acceptance.
For a qualified domestic relations order to be accepted and binding on OPERS,
				the order must meet the requirements as set forth in this Section.
(b)
Contents.
The order must
				clearly specify the following:
(1) the name,
				mailing address, and Social Security number of the Participant and the
				alternate payee covered by the order;
(2) the dollar amount or exact percentage of
				the Participant's benefits to be paid to the alternate payee;
(3) the characterization of the benefit as to
				marital property rights or child support, and whether the benefit ceases upon
				the death or remarriage of the alternate payee;
(4) the order applies to the Participant's
				accounts in the 401(a) plan, the 457(b) plan, or both;
(5) the date of marriage and the date of
				commencement of divorce proceedings giving rise to the order for division of
				marital property;
(6) if the order
				is for child support, the name, date of birth, and Social Security number of
				each child covered by the order;
(7) if the order is for child support, the
				exact amount (if any) awarded in continuing child support for each child and
				the exact amount (if any) awarded for arrearages; and
(8) any conditions that will cause the order
				to terminate.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-5 - Payment to alternate payee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Amount of award.
The benefit awarded to the alternate payee under
				the order shall be credited with any interest and investment income or losses
				attributable to the Participant's account from the valuation date, or closest
				valuation date, of the account, until the date of total distribution to the
				alternate payee.
(b)
Commencement date; form of payment.
If the alternate payee so
				elects, the benefits shall be paid to the alternate payee as soon as
				administratively feasible following the date the order is approved by OPERS, or
				at the earliest date permitted under the Code. The benefits payable to the
				alternate payee shall be in any form or permissible option otherwise available
				to the Participant under the terms of the Plan. The alternate payee's portion
				of the benefits payable shall be allocated on a prorata basis from all the
				accounts or investment options maintained under the Plan on behalf of the
				Participant. Unless the alternate payee elects an immediate distribution that
				is permitted under the Plan at the time the order is submitted to and approved
				by OPERS, such benefits shall be segregated and separately maintained in a
				nonforfeitable account established on behalf of the alternate payee. This
				account shall initially be established in the same fund mix percentages as the
				Participant account. The alternate payee shall be responsible for paying any
				applicable withdrawal charges imposed under any investment account with respect
				to the alternate payee's share under the Plan.
(c)
Taxes.
The alternate payee
				who is the spouse or former spouse of the Participant shall be treated as a
				distributee of any distributions or payments made to the alternate payee under
				the order, and as such, Federal and Oklahoma state income taxes will be
				withheld from the payment to the alternate payee in accordance with applicable
				federal and state statutes.
(d)
Change of address.
It is the responsibility of the alternate payee
				to notify OPERS of any change in the alternate payee's address.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-6 - Alternate payee's rights

Current through Vol. 41, No. 20, July 1, 2024
After the order has been accepted by OPERS, but before the
				  alternate payee receives a total distribution under the Plan, the alternate
				  payee shall be entitled to all of the rights and privileges afforded to Plan
				  beneficiaries, including but not limited to, the rules regarding the right to
				  designate a beneficiary for death benefit purposes and the right to direct Plan
				  investments, but only to the extent permitted under the Plan.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-7 - Death of Participant or alternate payee

Current through Vol. 41, No. 20, July 1, 2024
(a)
Death of Participant.
If the
				Participant predeceases the alternate payee, the Participant's death shall not
				affect the alternate payee's right to the portion of benefits as set forth in
				the order.
(b)
Death of
				alternate payee.
In the event of the alternate payee's death prior to
				receiving the full amount of benefits assigned under the order and under the
				benefit option chosen by the alternate payee, the alternate payee's
				beneficiaries, as designated on the appropriate form, shall receive the
				remainder of any unpaid benefits under the terms of the order. In the absence
				of a beneficiary designation, the unpaid benefits shall be paid the alternate
				payee's estate. If there is no estate, the distribution of benefits may be made
				to the first of the following:
(1) surviving
				spouse;
(2) surviving children in
				equal shares;
(3) surviving parents
				in equal shares;
(4) surviving
				siblings in equal shares.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-8 - Termination of a qualified domestic relations order

Current through Vol. 41, No. 20, July 1, 2024
(a)
Termination.
A qualified
				domestic relations order, whether for provision of marital property or child
				support, will terminate when OPERS has fully met the provisions of the
				order.
(b)
Remarriage of
				alternate payee.
In the event a qualified domestic relations order
				requires the benefits payable to an alternate payee to terminate upon the
				remarriage of the alternate payee, OPERS shall terminate the benefit only upon
				the receipt of a certified copy of a marriage license, or a copy of a certified
				order issued by the court that originally issued the qualified domestic
				relations order declaring the remarriage of the alternate payee.
(c)
Termination of child
				support.
If the qualified domestic relations order is for continuing
				child support obligations, the order shall cease upon the death of a minor
				child. If the qualified domestic relations order is for arrearages owed for
				child support, the order shall not cease upon the death of a minor
				child.
Oklahoma Administrative Code › Title 590 - Oklahoma Public Employees Retirement System › Chapter 40 - Defined Contribution System › Subchapter 11 - Qualified Domestic Relations Orders - Applicable to The 401(A) Plan and the 457(B) Plan › Section 590:40-11-9 - System not subject to ERISA

Current through Vol. 41, No. 20, July 1, 2024
For purposes of this Subchapter, the Plan shall not be
				  subject to the provisions of the Employee Retirement Income Security Act of
				  1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended from time to time,
				  or rules and regulations promulgated thereunder, and court cases interpreting
				  said act. The order should not reference ERISA.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 1 - Organization of the Department of Public Safety › Section 595:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to describe the
				  organization of the Department of Public Safety, explain the function of each
				  Division which deals directly with and affects the public, and set forth the
				  address and telephone number of the various Divisions of the
				  Department.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 1 - Organization of the Department of Public Safety › Section 595:1-1-2 - Executive administration

Current through Vol. 41, No. 20, July 1, 2024
The Governor is the chief officer of the Department of Public
				  Safety [47 O.S. §
									2-101
				  ]. The Governor appoints the Commissioner of Public Safety who controls and
				  supervises the Department [47 O.S. §
									2-101
				  et seq.].
Amended at 19 Ok Reg
				  2683, eff 7-15-02
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 1 - Organization of the Department of Public Safety › Section 595:1-1-3 - Function of each division which deals directly with and affects the public

Current through Vol. 41, No. 20, July 1, 2024
(a)
Oklahoma Highway Patrol Division.
The Oklahoma Highway Patrol
				Division provides safety and protection for the citizens on the highways of
				Oklahoma. The headquarters of the Oklahoma Highway Patrol Division is located
				at the Department of Public Safety. Telephone: (405) 425-7283 [47 O.S. §
				2-103]. The division is divided into the following field and specialty troops
				and sections located throughout the state:
(1)
Field troops.
Field troops
				of the Highway Patrol have primary law enforcement authority on state, federal,
				and interstate highways, excluding those portions within city limits. Following
				is a list of the field troops, the location of their headquarters, and their
				telephone numbers:
(A) Troop A: Oklahoma
				City, (405) 686-9105
(B) Troop B:
				Tulsa, (918) 627-0440
(C) Troop C:
				Muskogee, (918) 684-6401
(D) Troop
				D: McAlester, (918) 420-4010
(E)
				Troop E: Durant, (580) 916-4821
(F)
				Troop F: Ardmore, (580) 223-8800
(G) Troop G: Lawton, (580) 353-0783
(H) Troop H: Clinton, (580)
				323-2424
(I) Troop I: Guymon, (580)
				338-5129
(J) Troop J: Enid, (580)
				234-6147
(K) Troop K: Perry, (580)
				336-9827
(L) Troop L: Vinita, (918)
				256-7888
(M) Troop M: Altus, (580)
				477-2764
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 1 - Organization of the Department of Public Safety › Section 595:1-1-4 - Information

Current through Vol. 41, No. 20, July 1, 2024
To obtain general information or make submissions or
				  requests:
(1) The Department of Public
				Safety is located at 3600 North Martin Luther King Avenue, Oklahoma City,
				Oklahoma.
(2) Correspondence by
				mail should be directed to P.O. Box 11415, Oklahoma City, Oklahoma
				73136-0415.
(3) For information by
				telephone, call (405) 425-2424.
(4)
				Information is available from the Department's website, located at
http://www.dps.state.ok.us/
on the world wide web.
Amended at 16 Ok Reg
				  3140, eff 7-12-99
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-2 - Location

Current through Vol. 41, No. 20, July 1, 2024
Rules of practice before the Department of Public Safety,
				  including the specific requirements of formal and informal procedures, and
				  description of forms and instructions for use by the public, are set out in the
				  rules adopted under each topic of the Department of Public Safety Rules unless
				  provided for by statute or set out in this Chapter. [75 O.S. §
									302
				  ].
Amended at 16 Ok Reg
				  3140, eff 7-12-99
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-3 - Administrative hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) All hearings of the Department of Public
				Safety shall be conducted according to the rules of this Chapter to the extent
				not otherwise provided for by statute or other rule.
(b) A person has the right to request a
				hearing before the Department of Public Safety whenever he or she has been
				aggrieved or adversely affected by an act or refusal to act, or by the issuance
				of an order or decision by the Department which is subject to review under any
				applicable statute. Hearings before the Department fall into four categories:
(1)
Hearings under Title 47.
Hearings which are specifically provided for and follow those procedures set
				forth under Title 47 of the Oklahoma Statutes:
(A)
Impounded vehicle hearings.
Impounded vehicle hearings follow the procedures specifically provided for
				under 47 O.S. §
											903A.
(B)
Parking violations on certain state
				property.
Hearings involving parking violations on certain state
				property, as set forth under 47 O.S. § 11-1009, are conducted according to
				state law.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-4 - General rules regarding hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The right to a hearing may not extend to
				any decision based solely on the results of any test or examination given or
				made by the Department of Public Safety.
(b) Hearings shall be informal and not open
				to the public.
(c) Hearings may be
				afforded persons not otherwise qualified under rule
				595:1-3-3,
				at the discretion of the Commissioner of Public Safety.
(d) Any person requesting a hearing must
				request the hearing in writing on a form prescribed by the Department of Public
				Safety and in compliance with this chapter. This form may be obtained from the
				Department's principal place of business at 3600 North Martin Luther King
				Avenue, Oklahoma City, OK or at
www.ok.gov/DPS
. A request that does not comply
				with these rules shall be rejected and shall not stay further action by the
				Department.
(e) A person is not
				entitled to a hearing when the action taken by the Department of Public Safety
				is made mandatory by law.
(f) A
				person may present testimony, evidence and witnesses relevant to the matter
				being heard. The Hearing Officer may limit or exclude evidence and testimony
				that is not relevant, or is cumulative, repetitive, or interferes with the
				conduct of the hearing.
(g) When
				two (2) or more hearings are to be held, and the same or substantially similar
				evidence is relevant and material to the matters in issue at each hearing, the
				Hearing Officer may fix the same time and place for each hearing and conduct
				the hearings jointly. Where joint hearings are held, a single record of the
				proceedings may be made; the evidence introduced in one case may be considered
				as introduced in the other, and a separate or joint decision may be made as
				appropriate.
(h) Where the
				Department of Public Safety is not represented by counsel as an advocate, the
				Hearing Officer may conduct an adequate inquiry for a proper resolution of the
				matter.
(i) Hearing Officers may
				take judicial notice of adjudicative facts, any matter of common law, statute,
				ordinance, rule and regulation, and any record of or received by the Department
				of Public Safety in the usual and ordinary course of business.
(j) Continuances may be allowed only at the
				discretion of the Hearing Officer or their designee.
(k) Following a hearing before the
				Department, an order shall be issued containing findings and the final decision
				of the Department.
Amended at 10 Ok Reg
				  3185, eff 6-25-93; Amended at 13 Ok Reg 2811, eff 6-28-96; Amended at 14 Ok Reg
				  3499, eff 8-12-97
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-5 - Place of hearing

Current through Vol. 41, No. 20, July 1, 2024
The type of hearing determines the location. If no hearing
				  location is set forth under Title 47, the Commissioner or his agent may set the
				  hearing location. The location will be stated in the Hearing Notice sent to the
				  appropriate party or his attorney.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-6 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				computing any period of time prescribed or allowed by this chapter, by notice,
				order, rule of the Department of Public Safety, or by statute, the day of the
				act or event which the designated period of time begins to run is not
				included.
(b) The last day of the
				period so computed shall be included unless it is a Saturday, Sunday, or legal
				holiday, in which event the period runs until the end of the next day on which
				the Department is open to the public.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-7 - Request for hearing

Current through Vol. 41, No. 20, July 1, 2024
A request for a hearing must be in writing. A form is
				  available at the Department's principal place of business at 3600 North Martin
				  Luther King Avenue, Oklahoma City, OK or at www.ok.gov/DPS. The request shall
				  be submitted to the Department of Public Safety. Hearing requests may only be
				  submitted in person at the Department's principal place of business, or by mail
				  to the address below. Hearing requests submitted other than in person or by
				  mail will not be accepted and a hearing will not be granted. Hearing request
				  forms mailed via the U.S. Postal Service shall be addressed to the Department
				  of Public Safety, Legal Division, P.O. Box 53004, Oklahoma City, OK
				  73152-9998.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-10 - Hearing examiners

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner of Public Safety and/or the appointed
				  hearing examiners may have the following powers, in addition to air other
				  powers specified in this chapter or by law:
(1) To give notice concerning reviews and
				hearings;
(2) To administer oaths
				and affirmations;
(3) To summons
				witnesses;
(4) To examine witnesses
				and take testimony;
(5) To issue
				subpoenas, to take depositions, or cause depositions or interrogatories to be
				taken;
(6) To rule upon offers of
				proof and to receive relevant evidence;
(7) To hold conferences, before or during a
				hearing, for the settlement or simplification of issues;
(8) To rule on motions and to dispose of
				procedural requests or similar matters;
(9) To make initial or final decisions as
				provided herein or by law;
(10) To
				take any other action authorized by this chapter,
The Administrative
				Procedures Act
[75 O.S §
									250 et
				seq.], or by any other applicable statute, or rule.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-11 - Withdrawal of hearing request or dismissal of hearings

Current through Vol. 41, No. 20, July 1, 2024
A request to withdraw from or cancel a scheduled hearing
				  must be submitted in writing on a form prescribed by the Department. The form
				  can be obtained from the Department at its principal place of business, 3600
				  North Martin Luther King Avenue, Oklahoma City, OK or at
www.ok.gov/DPS
. A request for withdrawal of
				  a scheduled hearing must be received by the Department no later than 12:00 PM
				  two (2) business days prior to the scheduled hearing. If the request is not
				  received by the Department by 12:00 PM two (2) business days prior to the
				  scheduled hearing the Department may proceed with the hearing and take action
				  based on the evidence.
A request to withdraw from or cancel a scheduled hearing may
				  only be submitted in person at the Department's principal place of business, or
				  by mail to the address below. Any requests submitted other than in person or by
				  mail will not be accepted and a hearing will not be granted. Request forms
				  mailed via the U.S. Postal Service shall be addressed to the Department of
				  Public Safety, Legal Division, P.O. Box 11415, Oklahoma City, OK 73136.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-14 - Conduct of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
				After the hearing is closed by the Hearing Officer, the Hearing Officer shall
				prepare and issue a written final order containing findings and the decision of
				the Department.
(b) If the Hearing
				Officer finds that there is evidence relevant to the issues which was not
				presented at the hearing, the Hearing Officer may continue or reopen the
				hearing for the purpose of considering such evidence, at any time prior to the
				mailing of the final written order.
(c) The order in which evidence and testimony
				may be presented and the procedure at the hearing generally, except as
				otherwise provided in this chapter or by statute, shall be at the discretion of
				the Hearing Officer.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-15 - Witnesses and Exhibits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Witness list.
(1)
The
				Commissioner and officers of the Department designated by him shall have
				authority to summon witnesses to give testimony under oath or to give written
				deposition upon any matter under the jurisdiction of the Department. Such
				summons may require the production of relevant books, papers and
				records.
47 O.S. §
										2-115.
(2) The availability and participation of any
				witness appearing on behalf of the party requesting the hearing shall be the
				sole responsibility of that party. The party presenting the witness is required
				to provide the Department with the name of the witness, along with a brief
				statement of the testimony to be offered by the witness. If the hearing is a
				telephonic hearing, the party presenting the witness shall provide a telephone
				number where the witness can be reached to participate in the hearing The
				Hearing Officer will not subpoena or secure the attendance of any witnesses for
				the party requesting the hearing.
(3) The party requesting the hearing shall
				provide the Department the following information, no later than three (3)
				business days prior to the date of the scheduled hearing. If the following
				information is not received by the Department at least three (3) business days
				prior to the date of the scheduled hearing, the Hearing Officer may exclude the
				witness from the hearing:
(A) the telephone
				number that will be used to contact the party for the hearing;
(B) the name, mailing address, and telephone
				number of the party's attorney, if any;
(C) the name of any witness appearing on
				behalf of the party requesting the hearing, along with a brief statement of the
				testimony to be offered by the witness.
(4) The Hearing Officer may examine the
				witnesses and may allow the parties or their representatives to do
				so.
(5) Witnesses giving testimony
				at a hearing shall do so under oath.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-16 - Evidence

Current through Vol. 41, No. 20, July 1, 2024
All evidence which is irrelevant, immaterial or unduly
				  repetitious may not be admitted. The rules of privilege may be recognized. The
				  Oklahoma Evidence Code sets forth the rules of evidence which may be followed,
				  with exception of evidentiary provisions contained in Title
				  47.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-17 - Transcripts

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings may be
				recorded. A party may have a court reporter present when he has made
				arrangements regarding the Court Reporter's attendance and cost for the
				reporter's service.
(b) Costs for
				transcripts of the record or of any portion thereof may be borne by the party
				or parties requesting the transcript.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-18 - Decision of hearing officer

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The hearing examiner may announce his decision orally at the close of the
				hearing or he may announce that his decision will be announced in writing at a
				later date.
(b) A copy of the
				decision may be mailed to each party or to his attorney of record.
(c) The decision may include a statement of
				findings of fact and conclusions of law.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 3 - Rules of Practice › Section 595:1-3-20 - Appeal

Current through Vol. 41, No. 20, July 1, 2024
Appeal to district court is statutorily provided under Title
				  47 of the Oklahoma Statutes for the areas of law set forth below:
(1) Financial responsibility [47 O.S. §
									7-102 ]
(2) Wrecker or towing service [75 O.S. §
				318]
(3) Vehicle impoundment [47
				O.S. § 903A(C)].
Amended at 16 Ok Reg
				  3140, eff 7-12-99
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 5 - Petition to Promulgate, Amend or Repeal a Rule › Section 595:1-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to explain how the public
				  may petition the Department to promulgate, amend or repeal a rule and how the
				  public will be informed of the decision of the Department.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 5 - Petition to Promulgate, Amend or Repeal a Rule › Section 595:1-5-2 - Petition

Current through Vol. 41, No. 20, July 1, 2024
The petition for rulemaking may be directed to the Department
				  of Public Safety, Administrative Rules Liaison, P.O. Box 11415, Oklahoma City,
				  OK 73136-0415. Petitions shall be in writing and state:
(1) The name, address and telephone number of
				the petitioner;
(2) The full text
				of the rule requested to be promulgated, amended or repealed;
(3) A paragraph stating the reason for the
				promulgation, amendment or repeal of the rule;
(4) Citations to any statute that the rule
				interprets; any related statutes or related rules, and any other legal
				authorities which authorize, support or require the requested action;
(5) Supporting documents including legal
				memoranda or affidavits.
Amended at 19 Ok Reg
				  2683, eff 7-15-02
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 5 - Petition to Promulgate, Amend or Repeal a Rule › Section 595:1-5-3 - Decision of Department of Public Safety

Current through Vol. 41, No. 20, July 1, 2024
Within thirty (30) days of the receipt of a petition, the
				  Department may either initiate rulemaking proceedings in accordance with the
				  oiitonAdministrative Procedures Actoiitoff [75 O.S. §
									250 ] or
				  the petition may be deemed denied. Petitioner may be notified in writing or by
				  telephone as to the decision of the Department of Public
				  Safety.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 7 - Declaratory Rulings › Section 595:1-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Subchapter regarding Declaratory Rulings
				  define how a party whose legal rights or obligations will be improved or
				  impaired by the application of any rule or order enforceable by the Department
				  may petition for a Declaratory Ruling.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 7 - Declaratory Rulings › Section 595:1-7-2 - Availability of Declaratory Rulings

Current through Vol. 41, No. 20, July 1, 2024
Declaratory Rulings as to the applicability of any rule or
				  order of the Department of Public Safety may be available to any person whose
				  legal rights or obligations will be improved or impaired by the application of
				  any rule or order enforceable by the Department [75 O.S. §
									307
				  ]. The issuance or refusal is discretionary with the Department. Hearings
				  conducted pursuant to 47 O.S. §
									2-115
				  are specifically exempted from the requirements of this
				  provision.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 7 - Declaratory Rulings › Section 595:1-7-3 - Form

Current through Vol. 41, No. 20, July 1, 2024
(a) The petition
				may be directed to the Legal Division, Room 102, of the Department of Public
				Safety, P.O. Box 11415, Oklahoma City, Oklahoma 73136-0415.
(b) The petition shall contain:
(1) The name, address and phone number of
				petitioner:
(2) The full text of
				the rule or order upon which a ruling is requested;
(3) A statement of the legal rights or
				obligations which are affected by application of the rule or order;
(4) The questions presented for
				decision;
(5) The specific relief
				requested;
(6) Any supporting
				documents such as legal memoranda, citations to statutes or related
				rules.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 7 - Declaratory Rulings › Section 595:1-7-4 - Filing and service of petition

Current through Vol. 41, No. 20, July 1, 2024
The petition shall be deemed filed when received by the Legal
				  Division. The Department may, within thirty (30) days after filing, notify the
				  petitioner whether a ruling will be issued. The petitioner may promptly notify
				  the Legal Division in writing of any change in mailing address. Failure to do
				  so is grounds for the denial of the petition. At any time within thirty (30)
				  days after the filing of the petition, the Department may request clarification
				  of any part of the petition. The petitioner may respond within ten (10) days of
				  the mailing date of the request for clarification. If after receipt of the
				  response, the Department is not able to render a declaratory ruling for lack of
				  information, the Department may deny the petition.
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 7 - Declaratory Rulings › Section 595:1-7-5 - Ruling of Department

Current through Vol. 41, No. 20, July 1, 2024
If the Department issues a ruling, said ruling may be
				  rendered within sixty (60) days of service of the petition or receipt of a
				  response to a request for clarification. The ruling may be served on the
				  petitioner by mail. The declaratory ruling, or refusal to issue such ruling,
				  may be subject to judicial review as provided in the
Administrative
				  Procedures Act
[75 O.S. §
									306
				  ].
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 9 - Inspection and Copying of Final Orders, Decisions, Opinions and Open Records › Section 595:1-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this subchapter is to establish the process
				  for inspecting and copying records of the Department; set forth fees; to define
				  terms; and to establish the retention period for certain
				  records.
Amended at 28 Ok Reg
				  2062, eff 7-15-11
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 9 - Inspection and Copying of Final Orders, Decisions, Opinions and Open Records › Section 595:1-9-2 - Inspection and copies of open records

Current through Vol. 41, No. 20, July 1, 2024
(a) Records of the Department may be obtained
				pursuant to the fee schedule as set forth in
				595:1-9-4 and as posted in the
				office of the County Clerk, Oklahoma County, Oklahoma, as required by 51 O.S.
				§ 24A.5(4)(b).
(b) Any record
				that is open to a person for examination shall be available to that person by
				copying or reproduction in the same medium as the record is available to the
				person for examination and for the fee required to be charged for the
				record.
Amended at 17 Ok Reg
				  3011, eff 7-15-00; Amended at 21 Ok Reg 2994, eff
				  7-25-04
Oklahoma Administrative Code › Title 595 - Department of Public Safety › Chapter 1 - General Rules of the Department of Public Safety › Subchapter 9 - Inspection and Copying of Final Orders, Decisions, Opinions and Open Records › Section 595:1-9-3 - Records of the Department of Public Safety

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The Department of
				Public Safety ("Department") is a "law enforcement agency", as defined under
				the Oklahoma Open Records Act, 51 O.S. § 24A.1, et seq. This Act places
				restrictions on the access to and disclosure of Department records.
(b)
Exemptions.
Pursuant to
				Section 2-111 of Title 47 of the Oklahoma
				Statutes, records of the Department shall not be subject to the provisions of:
(1) Sections
				305 through
				317 of Title 67 of the Oklahoma
				Statutes or be transferred to the custody or control of the State Archives
				Commission;
(2) Section
				590 of Title 21 of the Oklahoma
				Statutes; or
(3) The Records
				Management Act, Sections
				201 through
				215 of Title 67 of the Oklahoma
				Statutes.