reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 5 - Regulation of Licensees, Certificate Holders, and Permit Holders › Section 5:11-5-1 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) A certificate or
				permit holder shall make the premises and records utilized within the
				performance of activities regulated by the Act available for an inspection.
				Inspections shall be conducted at the direction of the Board for purposes of
				determining compliance with the Act.
(b) Failure to provide access as required for
				the inspection in a timely manner shall constitute an offense subject to fine,
				suspension, revocation, or such other sanction as may be available to the
				Board.
(c) Certificate holders
				shall maintain a copy of the certificate page and if the legal description is
				not included on the certificate page, a copy of the caption page of each
				abstract, final title report, evidence of research, and billing information for
				five (5) years from the date of issuance.
(d) The premises and records of each
				certificate and permit holder shall be inspected at least once every three (3)
				years.
Added as 5:10-5-1 at 25
				  Ok Reg 751, eff 2-19-08 (emergency); Added at 26 Ok Reg 1797, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 5 - Regulation of Licensees, Certificate Holders, and Permit Holders › Section 5:11-5-2 - Penalties for failure to pay renewal fees

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall assess and collect
				penalties against licensees and certificate holders for failure to pay renewal
				fees when they are due.
(b)
				Annually, due dates and penalties shall be posted in the Board office. If a due
				date or the amount of the penalty is changed, thirty (30) days notice shall be
				given before the change shall be effective.
Added as 5:10-5-2 at 25
				  Ok Reg 751, eff 2-19-08 (emergency); Added at 26 Ok Reg 1797, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 5 - Regulation of Licensees, Certificate Holders, and Permit Holders › Section 5:11-5-3 - Preparation of abstracts

Current through Vol. 41, No. 20, July 1, 2024
(a)
Type of
				abstract.
A certificate of authority holder shall cause the preparation
				of an abstract of title on real property which shall cover:
(1) a fee simple estate, less and except oil,
				gas and other mineral interests; or
(2) upon the request of a customer, a fee
				simple estate including oil, gas, and other mineral interests; or
(3) oil, gas and other mineral interests.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 5 - Regulation of Licensees, Certificate Holders, and Permit Holders › Section 5:11-5-4 - Minimum standards for preparation of abstracts

Current through Vol. 41, No. 20, July 1, 2024
Copies of documents included in an abstract of title prepared
				  by a holder of a certificate of authority shall be as legible as the source
				  document on file in the offices of the County Clerk or the District Court Clerk
				  except for source documents larger than 8 ½" x 14".
Added as 5:10-5-4 at 25
				  Ok Reg 751, eff 2-19-08 (emergency); Added at 26 Ok Reg 1797, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 5 - Regulation of Licensees, Certificate Holders, and Permit Holders › Section 5:11-5-5 - Abstracts furnished without delay

Current through Vol. 41, No. 20, July 1, 2024
Failure by a certificate holder to furnish an abstract,
				  abstract extension, supplemental abstract, or final title report within the
				  time periods of 1 O.S. §
									32
				  shall be deemed to constitute unnecessary delay, unless the reason for the
				  delay was beyond the control of the abstractor.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 7 - Application for Permit to Develop Abstract Plant › Section 5:11-7-1 - Application for permit to develop an abstract plant

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form.
The application shall be on a form prescribed by the Board.
(b)
Notice and review.
The chairman or designee shall review the application for compliance with applicable laws and rules. Additional information from the applicant or other persons may be requested by the reviewer as deemed appropriate. Within ten (10) days of receipt of the application, the Board shall:
(1) notify the court clerk, the county clerk, and all holders of a certificate of authority in the county wherein such business is to be conducted; and
(2) post notice of the receipt of the application for a permit on the official website of the Board and provide an address where written information relative to the application can be sent.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 7 - Application for Permit to Develop Abstract Plant › Section 5:11-7-3 - Business activities of a permit holder

Current through Vol. 41, No. 20, July 1, 2024
(a) During the period of development of the
				abstract plant by a holder of a permit, until a certificate of authority is
				issued to such permit holder, the business activities of a permit holder and
				licensees under its supervision are limited to the construction of the abstract
				plant and activities directly related thereto. A permit holder shall not sell
				or provide products or services to the public or for its own benefit from its
				plant under development and may not charge or collect fees for such products or
				services.
(b) The applicant shall
				comply with the Guidelines for Developing a New Abstract Plant as established
				by the Board.
Added at 27 Ok Reg 1687,
				  eff 7-1-10
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 7 - Application for Permit to Develop Abstract Plant › Section 5:11-7-4 - Permit not transferrable

Current through Vol. 41, No. 20, July 1, 2024
A permit is not transferrable. An individual, association,
				  partnership, corporation, or other entity desiring to purchase the assets of a
				  permit holder shall be required to file a new application for a permit to
				  develop abstract plant pursuant to section 34 of the Act and Subchapter 7 of
				  these rules.
Added at 27 Ok Reg 1687,
				  eff 7-1-10
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 9 - Application for Certificate of Authority › Section 5:11-9-1 - Application for certificate of authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form.
The application shall
				be on a form prescribed by the Board.
(b)
Notice and review.
The
				chairman or designee shall review the application for compliance with
				applicable laws and rules. Additional information from the applicant or other
				persons may be requested by the reviewer as deemed appropriate. Within ten (10)
				days of receipt of the application, the Board shall:
(1) notify the court clerk, the county clerk,
				and all holders of a certificate of authority in the county wherein such
				business is to be conducted;
(2)
				post notice of the receipt of the application for the certificate of authority
				on the official website of the Board and provide an address where written
				information relative to the application can be sent.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-1 - Procedures for the Board to issue a temporary certificate of authority

Current through Vol. 41, No. 20, July 1, 2024
In the event the Board determines that a temporary
				  certificate of authority needs to be issued pursuant to the provisions of
				  Section 33 of the Act, the Board shall:
(1) declare the necessity for issuing a
				temporary certificate of authority;
(2) notify the certificate of authority
				holder in writing of its determination;
(3) furnish the certificate of authority
				holder a written list of violations;
(4) suspend the certificate of authority of
				the subject holder pursuant to this chapter;
(5) provide written notice of the intent to
				issue a temporary certificate of authority to the office of the county clerk
				and each holder of a certificate of authority located in the county;
(6) accept applications for the issuance of
				the temporary certificate of authority; and
(7) issue a temporary certificate of
				authority pursuant to the terms and conditions determined by the
				Board.
Added at 26 Ok Reg 1797,
				  eff 7-15-09; Amended at 28 Ok Reg 1106, eff
				  7-1-11
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-2 - Application for temporary certificate of authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Forms.
The application shall
				be on a form prescribed by the Board. Such application shall include the
				applicants proposed list of abstract fees.
(b)
Fee.
There shall be no fee
				for the application for temporary certificate of authority.
(c)
Bonds required for temporary
				certificate of authority.
Each application for a temporary certificate
				of authority shall be accompanied by a county records bond and errors and
				omissions bond or insurance as provided for in
				5:11-3-3
				of these Rules covering the county clerk and abstract business in the county
				for which the application is sought. Such bonds shall be provided at the time
				of the application for temporary certificate of authority or within two (2)
				business days after approval by the Board.
(d)
Business Plan.
A written and
				detailed plan for the conduct of abstract business in the county shall
				accompany the application for temporary certificate of authority.
(e)
Notice and Board action.
(1)
Notice and review.
The
				chairman or designee shall review the application for compliance with
				applicable laws and rules. Additional information from the applicant or other
				persons may be requested by the reviewer as deemed appropriate. Within ten (10)
				days of receipt of the application, the Board shall:
(A) notify the court clerk, the county clerk,
				and all holders of a certificate of authority in the county wherein such
				temporary certificate of authority has been requested; and
(B) post notice of the receipt of the
				application for a temporary certificate of authority on the official website of
				the Board and provide an address where written information relative to the
				application can be sent.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-3 - Duties, rights, and obligations under the temporary certificate of authority

Current through Vol. 41, No. 20, July 1, 2024
A holder of a temporary certificate of authority shall have
				  the same duties, rights and obligations of an abstractor pursuant to Title 1,
				  Section
				  36
				  of the Oklahoma Statutes, including, but not limited to the maintenance of a
				  Title Plant from the date of the issuance of the temporary certificate of
				  authority.
Added at 28 Ok Reg 1106,
				  eff 7-1-11
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-4 - Administration of temporary certificate of authority

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inspections.
A holder of a
				temporary certificate of authority shall make the premises and records utilized
				within the performance of activated regulated by the Act available for an
				inspection pursuant to
				5:11-5-1 of these
				Rules.
(b)
Renewal of
				temporary certificate of authority.
A holder of a temporary certificate
				of authority may make application for the renewal of the temporary certificate
				of authority at least thirty (30) days prior to the expiration of the temporary
				certificate of authority as provided in Title 1, Section
				33
				of the Oklahoma States. The application shall be on a form prescribed by the
				Board.
Added at 28 Ok Reg 1106,
				  eff 7-1-11
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-5 - Period of suspension

Current through Vol. 41, No. 20, July 1, 2024
Such certificate of authority holder shall comply with the
				  lawful requirements of the Board and shall have ninety (90) days from the date
				  of the issuance of the temporary certificate of authority within which to
				  comply with the requirements of the Board. If the certificate of authority
				  holder does not comply with such requirements, such suspension may continue
				  until such requirements are remedied or until the Board approves or completes
				  pursuit of additional options as provided in the Abstractors
				  Act.
Added at 28 Ok Reg 1106,
				  eff 7-1-11
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-6 - Extension of suspension

Current through Vol. 41, No. 20, July 1, 2024
If, after notice and hearing, at the conclusion of the 90-day
				  period, the Board determines that the certificate of authority holder has
				  failed to comply with the requirements, or upon consent of the certificate of
				  authority holder, the Board may issue an order authorizing the temporary
				  certificate holder to:
(1) Take charge
				of such certificate of authority holder and all of the property, books,
				records, and effects of the Abstract Plant;
(2) Conduct its business; and
(3) Take such other steps towards the removal
				of the causes and conditions which have necessitated such order, as the Board
				may direct.
(4) The temporary
				certificate of authority holder may be required to post an additional errors
				and omissions bond in an amount determined by the Board.
Added at 28 Ok Reg 1106,
				  eff 7-1-11
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 11 - Temporary Certificate of Authority › Section 5:11-11-7 - Voluntary agreements

Current through Vol. 41, No. 20, July 1, 2024
In order to avoid the expense and time involved in formal
				  administrative or legal proceedings, the certificate of authority holder may
				  enter into voluntary agreements that provide for the management and
				  rehabilitation of the abstract plant provided that such agreement fully
				  safeguards the public interest, subject to the approval of the Board. The Board
				  reserves the right in all cases to withhold the privilege of disposition by
				  voluntary agreement.
Added at 28 Ok Reg 1106,
				  eff 7-1-11
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 11 - Administration of Abstractors Act › Subchapter 13 - Application for Abstractor License › Section 5:11-13-1 - Application for abstractor license

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form.
The application shall
				be on a form prescribed by the Board.
(b)
Qualified application.
(1) Approved application. If the Board shall
				be of the opinion that an applicant for license is qualified, the application
				shall be approved.
(2) Incomplete
				application. An applicant submitting either an incomplete application or an
				application requiring further information and/or investigation, shall either:
(A) Sign a form acknowledging that the
				application has not received final approval; however, the applicant requests
				permission to sit for the examination. If thereafter the application is not
				approved, the examination grade will be voided and fee will not be refunded
				or
(B) Wait for final approval of
				the application by the Board.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 5:20-1-1 - Administrative Procedures Act [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 5:20-1-2 - Filing complaints [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 5:20-1-3 - Investigators [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 5:20-1-4 - Special prosecutors [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 1 - General Provisions [Superseded] › Section 5:20-1-5 - Cost of investigations [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 3 - Complaint Investigation Procedures [Superseded] › Section 5:20-3-1 - Enforcement committee procedures [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 3 - Complaint Investigation Procedures [Superseded] › Section 5:20-3-2 - Responsibility of investigators [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-1 - Filing of formal complaint [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-2 - Violations by holders of a certificate of authority, abstract license, or permit [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-3 - Formal complaint hearing procedures [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-4 - Standards for making decision [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-5 - Subpoena of witness, documents, or things [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-6 - Discipline for violations by applicants [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-7 - Violations by individuals who do not hold a certificate of authority, liense, or permit [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-8 - Final orders [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 20 - Complaints and Enforcement [Superseded] › Subchapter 5 - Formal Complaint Procedures [Superseded] › Section 5:20-5-9 - Rehearings [SUPERSEDED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 1500,
				  eff 4-17-08 (emergency); Superseded by permanent action on 7-15-09 - See
				  Editor's Note at beginning of Chapter
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 1 - General Provisions › Section 5:21-1-1 - Administrative Procedures Act

Current through Vol. 41, No. 20, July 1, 2024
The procedure for complaints, notice, hearing procedures, and
				  regulation of matters covered by the rules of this Chapter shall be governed by
				  the Administrative Procedures Act, and any conflict between the provisions of
				  this Chapter and the Act, the Act shall govern.
Added as 5:20-1-1 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 1 - General Provisions › Section 5:21-1-2 - Filing complaints

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				person having a complaint, which alleges violation or noncompliance with the
				Oklahoma Abstractors Act or the rules of the Board implementing that act, may
				address the complaint to the Board at its principal office.
(b) The complaint shall be in writing and
				signed by the complainant. It shall contain:
(1) a clear and concise statement of the
				facts,
(2) the names, addresses
				significant to the complaint, and
(3) sufficient information to reveal the
				alleged violations with the facts on which the alleged violations are
				based.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 1 - General Provisions › Section 5:21-1-3 - Investigators

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may
				appoint one or more individuals to investigate complaints received alleging
				violations of the Act or the rules of the Board.
(b) An individual appointed as an
				investigator may be a volunteer who serves without pay or an individual hired
				to conduct the investigation. Any individual serving as an investigator shall
				serve at the pleasure of the Board.
(1)
				Individuals who are holders of an abstract license, certificate of authority,
				or permit shall be eligible to serve as Investigators. Any such individual
				shall provide sufficient information to the Board to assure no conflict of
				interest exists in the conduct of an investigation the individual is
				conducting.
(2) Other individuals
				may be appointed as investigators subject to review of their qualifications as
				they may be significant to the particular type of investigation being
				conducted.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 1 - General Provisions › Section 5:21-1-4 - Special prosecutors

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Board may appoint a special prosecutor to work with the Enforcement Committee
				on a complaint under investigation.
(b) The Board may utilize lawyers licensed to
				practice law in Oklahoma to serve as special prosecutors in formal proceedings
				before the Board.
(c) An individual
				serving as special prosecutor shall not serve as legal counsel to the Board in
				the same formal proceeding.
Added as 5:20-1-4 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 1 - General Provisions › Section 5:21-1-5 - Cost of investigations

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Investigators and Special Prosecutors may be compensated at a rate established
				by the Board on a case by case basis.
(b) Investigators and Special Prosecutors may
				be reimbursed for expenses incurred in the performance of their duties in
				accordance with the State Travel Reimbursement Act.
Added as 5:20-1-5 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 3 - Complaint Investigation Procedures › Section 5:21-3-1 - Enforcement committee procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) All complaints received by the Board,
				shall be referred to the Board Enforcement Committee for recommendation for
				action.
(b) The Enforcement
				Committee shall be comprised of at least two (2) members of the Board appointed
				by the Chairman. In the absence of the Chairman of the Board appointing a
				Chairman of the Enforcement Committee, the members of the Enforcement Committee
				shall choose their Chairman.
(c)
				Upon receipt of the complaint and information pertaining to the complaint, the
				Enforcement Committee may make appropriate inquiry to verify the information
				received.
(d) The Board may obtain
				a criminal record check of any person against whom a complaint has been filed
				from the Oklahoma State Bureau of Investigation or other law enforcement
				sources.
(e) Upon completion of the
				preliminary inquiry, the Enforcement Committee shall take one (1) or more of
				the following actions:
(1) Recommend to the
				Board that the investigation should be terminated because it appears:
(A) there has been no violation of the law or
				rules, or
(B) there is insufficient
				evidence to support any allegation of a violation.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 3 - Complaint Investigation Procedures › Section 5:21-3-2 - Responsibility of investigators

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Upon referral from the Enforcement Committee, an investigator shall determine
				whether there exists sufficient cause to believe that misconduct has occurred
				which justifies the institution of formal proceedings. Such determination shall
				be presented to the Enforcement Committee in a report written and signed by the
				investigator.
(b) Such report shall
				contain a summary of the evidence, including any material provided by the
				accused, conclusions of fact, specific reference to applicable laws and rules,
				and recommendation with respect to institution of formal proceedings.
(c) All investigations shall be conducted in
				a timely manner.
(d) Upon
				conclusion of any investigation, the investigators shall promptly report the
				results to the Enforcement Committee.
Added as 5:20-3-2 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-1 - Filing of formal complaint

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Enforcement Committee and the special prosecutor shall determine if a
				formal complaint should be filed.
(b) In the event the Enforcement Committee
				and the special prosecutor do not agree on whether a formal complaint should be
				filed, the Chairman of the Enforcement Committee shall prepare a report for the
				Board. The Board shall make the final determination regarding further
				action.
(c) The formal complaint
				shall be signed by the special prosecutor or the Chairman of the Enforcement
				Committee. In the event the special prosecutor and the Enforcement Committee do
				not agree, the Chairman of the committee shall sign the formal
				complaint.
(d) The formal complaint
				shall include a concise statement of the allegations and particular sections of
				the Act or rules of the Board which are involved.
Added as 5:20-5-1 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-2 - Violations by holders of a certificate of authority, abstract license, or permit

Current through Vol. 41, No. 20, July 1, 2024
(a) In the
				event the investigation of an allegation against a holder of a certificate of
				authority, abstract license, or permit concludes that the individual against
				whom the complaint has been filed is in violation of the Act or the rules of
				the Board, the Board shall take any authorized action to protect the public
				from the unauthorized or illegal action of the license, certificate, or permit
				holder.
(b) The Chairman of the
				Board shall set a time and place for the hearing of the formal complaint.
				Notice of the hearing shall be sent to the individual against whom the
				complaint has been filed not less than twenty (20) days from the date of the
				hearing at the last known address as shown in the official records of the
				Board.
(c) The person against whom
				the complaint has been filed shall be provided with any material information
				including any staff memoranda or data to be relied on by the Board.
(1) At the hearing, the person against whom
				the formal complaint has been filed shall be afforded an opportunity to contest
				the reports and other materials referenced.
(2) The experience, technical competence, and
				specialized knowledge of the members of the Board may be utilized in the
				evaluation of the evidence.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-3 - Formal complaint hearing procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Hearings will be conducted by one of the
				following methods, determined by the Board before the hearing begins:
(1) By the Board;
(2) By any member of the Board or a designee
				of the Board acting as a hearing examiner or Administrative Law Judge;
				or
(3) By an attorney licensed to
				practice law in this state appointed by the Board to act as a hearing examiner
				or Administrative Law Judge.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-4 - Standards for making decision

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Board may take notice of:
(1) Judicially
				cognizable facts, and
(2) Generally
				recognized technical or scientific facts within the specialized knowledge of
				one or more members of the Board.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-5 - Subpoena of witness, documents, or things

Current through Vol. 41, No. 20, July 1, 2024
(a) In all cases the Board may issue subpoena
				or subpoena
duces tecum
where a party desires to compel the
				attendance of witnesses after a complaint has been filed.
(b) When the party or the attorney for the
				party desires to have witnesses subpoenaed to appear before the hearing
				examiner, a request in writing shall be made by such party or the attorney,
				giving the name and correct address of any such witness.
(c) The requesting party shall pay the cost
				of service.
Added as 5:20-5-5 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-6 - Discipline for violations by applicants

Current through Vol. 41, No. 20, July 1, 2024
(a) An applicant for an abstract license who
				is alleged to have violated the Act, the rules of the Board, or who subverts or
				attempts to subvert the examination process shall be subject to disciplinary
				action by the Board.
(b) Failure of
				any applicant to cooperate with an investigation conducted by the Board shall
				result in denial of the application.
(c) Upon the determination that the applicant
				is guilty of the allegations, the Board may impose one (1) or more of the
				following disciplinary measures on the applicant:
(1) withhold the grades on the
				examination;
(2) declare the scores
				on the examination invalid;
(3)
				disqualify the applicant from obtaining a license for a specified period of
				time; or
(4) impose other
				authorized penalties.
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-7 - Violations by individuals who do not hold a certificate of authority, license or permit

Current through Vol. 41, No. 20, July 1, 2024
(a) In the
				event the investigation of an allegation against an individual who is not a
				holder of a certificate or abstract license concludes that the accused is in
				violation of the Act or rules of the Board and that action should be taken to
				stop the violation, the Board may designate a member of the Board, staff
				member, or other individual acting for the Board to:
(1) Provide notice by:
(A) Sending written notice of the accusation,
				supporting documentation and a copy of the Complaint and Notice of Hearing, to
				be held not later than sixty (60) days following such notice, to the accused by
				certified mail, restricted delivery, return receipt requested; or
(B) Personal service upon the person of the
				accused in a manner authorized by the statutes of the State of Oklahoma for
				service of process in a civil proceeding;
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-8 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				final order shall be in writing and shall include separate statements of the
				findings of fact and conclusions of law.
(b) Findings of fact shall be accompanied by
				a concise and explicit statement of the evidence supporting the findings. The
				order shall include a ruling on proposed findings of fact submitted by a party
				to the proceeding.
(c) A copy of
				the final order shall be delivered or mailed to each party or to their attorney
				of record as soon as practicable.
Added as 5:20-5-8 at 25
				  Ok Reg 1500, eff 4-17-08 (emergency); Added at 26 Ok Reg 1802, eff
				  7-15-09
Oklahoma Administrative Code › Title 5 - Oklahoma Abstractors Board › Chapter 21 - Complaints and Enforcement › Subchapter 5 - Formal Complaint Procedures › Section 5:21-5-9 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
(a) An application
				for rehearing may be made in writing within ten (10) days of the date of the
				final order. The petitioner shall set forth one (1) or more of the following as
				grounds in the rehearing request:
(1)
				newly-discovered or newly-available evidence relevant to the issues;
(2) need for additional evidence to
				adequately develop the facts essential to a proper decision;
(3) probable error committed by the agency in
				the proceeding or in its decision such as would be ground for reversal on
				judicial review of the order;
(4)
				need for further consideration of the issues and the evidence in the public
				interest; or
(5) showing that
				issues not previously considered ought to be examined in order to properly
				dispose of the matter.
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma
			 Accountancy Act, found in Title 59 of the Oklahoma Statutes, beginning at
			 Section
			 15.1
			 has been adopted by the Oklahoma Legislature for the purposes of protecting the
			 public and to prevent the public from being mislead as to competency and
			 ability to provide professional accounting services of an individual or firm
			 offering such services. The Oklahoma Accountancy Board has been created for the
			 purpose of implementing the laws and policies established by the
			 Legislature.
(b) In order to
			 implement policies established by the Legislature regarding the practice of
			 public accounting in Oklahoma and for the administration of the provisions of
			 the Oklahoma Accountancy Act the rules of this Chapter have been adopted by the
			 Board.
Amended at 10 Ok Reg 25,
				eff 10-12-92 (emergency); Amended at 10 Ok Reg 2521, eff 7-1-93; Amended at 16
				Ok Reg 2083, eff 7-1-99
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
In addition to the terms defined in the Oklahoma Accountancy
				Act, the following words or terms shall be applied when implementing that Act
				and, when used in Title 10 shall have the following meaning, unless the context
				clearly indicates otherwise:
"Person"
means an entity or an
				individual.
Amended at 10 Ok Reg 25,
				eff 10-12-92 (emergency); Amended at 10 Ok Reg 2521, eff 7-1-93; Amended at 16
				Ok Reg 2083, eff 7-1-99
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-3 - Board and staff

Current through Vol. 41, No. 20, July 1, 2024
The Board consists of seven (7) members who shall meet at least
				quarterly or more often as the business of the Board demands. The Board employs
				a full time staff to perform the administrative functions of the agency. The
				Board is a state agency and is therefore subject to Oklahoma laws regulating
				the procedures which must be followed by state agencies.
Amended at 10 Ok Reg 2521,
				eff 7-1-93
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-4.1 - Board office

Current through Vol. 41, No. 20, July 1, 2024
The Board maintains an office in Oklahoma City, Oklahoma. The
				Board office is open five (5) days a week, Monday through Friday, during the
				most appropriate business work hours. The Board office is closed on Saturday
				and Sunday and state legal holidays as set out in Section
				82.1 of Title
				25 of the Oklahoma Statutes.
Added at 10 Ok Reg 2521,
				eff 7-1-93; Amended at 23 Ok Reg 2123, eff
				7-1-06
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-6 - Procedures regarding inquiries to Board

Current through Vol. 41, No. 20, July 1, 2024
Inquiries regarding persons who have been granted or denied a
				certificate, license, or permit, procedures to obtain a license, certificate,
				or permit, complaints, suggestions, and general inquiries concerning the
				Oklahoma Accountancy Act and the rules implementing that Act may be made by
				calling or writing to the Board at the Board office. Members of the staff
				respond to questions where appropriate. In the event the inquiry concerns
				policy, and the Board has not previously made a policy determination applicable
				to that inquiry, the Board will respond or direct the response to be given by a
				staff member.
Amended at 10 Ok Reg 2521,
				eff 7-1-93
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-6.1 - Furnishing of copies

Current through Vol. 41, No. 20, July 1, 2024
(a)
			 Except as specifically exempted as a confidential record, official records of
			 the Oklahoma Accountancy Board are subject to the Oklahoma Open Records Act,
			 Sections
			 24A.1
			 through
			 24A.20
			 of Title 51 of the Oklahoma Statutes.
(b) Copies of official records which are
			 available to the public may be obtained from the Board office during regular
			 business hours upon payment of a fee to cover the cost of providing copies of
			 the requested records.
Added at 10 Ok Reg 2521,
				eff 7-1-93; Amended at 12 Ok Reg 1961, eff
				7-1-95
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-7.1 - Recording Board member attendance

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director shall keep an attendance record for each
				Board member. The Board shall take action on each absence of a Board member to
				determine if it is unavoidable. The minutes of a Board meeting shall reflect
				the members absent, and the action by the Board on each
				absence.
Added at 10 Ok Reg 2521,
				eff 7-1-93
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-7.2 - Authorization to represent position of the Board

Current through Vol. 41, No. 20, July 1, 2024
Upon a majority vote, the Board may authorize one (1) or more
				of its members or members of the staff to speak for the Board regarding Board
				policies. Only a Board member or staff members so authorized may speak for the
				Board. Such authorization, the subject matter, and the vote shall be entered in
				the minutes.
Added at 10 Ok Reg 2521,
				eff 7-1-93; Amended at 12 Ok Reg 1961, eff
				7-1-95
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-7.3 - Use of Board seal

Current through Vol. 41, No. 20, July 1, 2024
The seal of the Board shall be used on certificates, licenses,
				orders of the Board, and any other documents requiring certification by the
				Board or the signature of one (1) or more members of the Board. The seal shall
				not be required for correspondence, memoranda, or other similar types of
				written documents.
Added at 10 Ok Reg 2512,
				eff 7-1-93
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-8 - Promulgation, amendment or repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may propose changes to the
			 permanent rules of the Oklahoma Accountancy Board at any time as provided in
			 the Oklahoma Administrative Procedures Act.
(b) Any interested person may petition the
			 Board requesting the promulgation, amendment, or repeal of a rule.
(1) Such requests shall be: in writing;
			 signed by the person submitting the request; state the rule to be reviewed or
			 new rule proposed; and state the reasons in support of the request.
(2) The request shall be submitted to the
			 Board at its office.
(3) The Board
			 may consider the proposal at its next meeting. It may defer action pending the
			 acquisition of additional information, conduct an investigation, or hold a
			 hearing on the proposal.
(4) The
			 Board shall advise the petitioner of any meeting at which the proposal is to be
			 considered and the final action taken, by the Board, on the proposal.
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-9 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
(a) An
			 individual may file a request with the Board for a declaratory ruling with
			 respect to the application or enforcement of a rule or statute.
(1) The request shall be in writing and
			 signed by the individual seeking the ruling.
(2) The request shall state the rule or
			 statute involved.
(3) The request
			 shall contain a concise statement of fact for which the ruling is
			 sought.
Oklahoma Administrative Code › Title 10 - Oklahoma Accountancy Board › Chapter 1 - Administrative Operations › Section 10:1-1-10 - Confidentiality

Current through Vol. 41, No. 20, July 1, 2024
(a) Confidential
			 information obtained by the Board, as set forth in Section 15.6A of the
			 Oklahoma Accountancy Act shall be unavailable to the general public.
(b) An affected individual or entity who
			 wishes to allow the inspection of the confidential information of that
			 individual or entity by that individual's or entity's designated
			 representative, or the public at large shall sign a release for such
			 information in such form as prescribed and furnished by the Board. Such
			 confidential information shall be made readily available during the normal
			 business hours of the Board.
(c)
			 Minutes of all meetings, public hearings, and other records shall be maintained
			 by the Board as a permanent record subject to public inspection during regular
			 business hours.
(d) All final
			 written orders of the Board shall be maintained in such manner as to be
			 available for public inspection. Such orders shall be available by reference to
			 the name of the individual or entity to which the order is directed.
Added at 10 Ok Reg 2521,
				eff 7-1-93; Amended at 12 Ok Reg 1961, eff 7-1-95; Amended at 16 Ok Reg 2083,
				eff 7-1-99