reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 25 - Boiler and Pressure Vessel Rules › Subchapter 17 - Examinations › Section 380:25-17-1 - General provisions

Current through Vol. 41, No. 20, July 1, 2024
(a) Examinations for commissions from the National Board of Boiler and Pressure Vessel Inspectors and certificates from the American Petroleum Institute shall be conducted on the first Wednesday and one-half day Thursday in March, June, September, and December, provided five or more applications for examination are received by the Chief Boiler Inspector on or before the first work day of the month preceding the month of the examination. Requests for examination, along with the applicable fee, shall be submitted to the Chief Boiler Inspector in accordance with the relevant requirements of the Oklahoma Boiler and Pressure Vessel Safety Act, the National Board of Boiler and Pressure Vessel Inspectors, and the American Petroleum Institute.
(b) Examinations for the issuance of a Boiler Operator License will be conducted by the Chief Boiler Inspector, or as a part of a recognized training course.
(c) Examinations leading to a National Board Commission or a Certificate from the American Petroleum Institute shall be administered by the Chief Boiler Inspector or Deputy Boiler Inspector. Additionally, proctors shall be in accordance with the respective issuing agency's requirements, but at a minimum should include two additional persons from the following:
(1) Petroleum Industry, (required for API examinations), and
(2) The insurance industry, or
(3) The boiler or pressure vessel manufacturers holding a certificate of authorization issued by the ASME or the National Board.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 25 - Boiler and Pressure Vessel Rules › Subchapter 17 - Examinations › Section 380:25-17-2 - National Board Commission examination

Current through Vol. 41, No. 20, July 1, 2024
Examination leading to a Commission shall be in accordance with the Constitution and Bylaws of the National Board of Boiler and Pressure Vessel Inspectors.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 25 - Boiler and Pressure Vessel Rules › Subchapter 17 - Examinations › Section 380:25-17-3 - American Petroleum Institute examination

Current through Vol. 41, No. 20, July 1, 2024
Examinations leading to a Certificate shall be in accordance with requirements and procedures of the American Petroleum Institute.
Amended at 19 Ok Reg 2788, eff 11-1-02
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 25 - Boiler and Pressure Vessel Rules › Subchapter 17 - Examinations › Section 380:25-17-4 - Boiler operator license examinations

Current through Vol. 41, No. 20, July 1, 2024
(a) Examinations leading to the issuance of a Boiler Operator License shall:
(1) Consist of multiple choice, true or false, or essay type questions.
(2) Be of the closed book type.
(3) Be prepared, distributed and graded by the Department of Labor.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in Chapter 30 is to establish the definitions and procedures for enforcement by the Department of the provisions of Title 40, Oklahoma Statutes, Sections 165.1 through 165.11, and the Oklahoma Minimum Wage Act, 40 O.S. §§
									197.1 et seq. for agreed upon wages and benefits and for payment of minimum wages as mandated by State law.
Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-3 - Wage and hour claims - generally [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98; Revoked at 18 Ok Reg 3514, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-4 - Wage and hour hearings-generally

Current through Vol. 41, No. 20, July 1, 2024
All hearings on claims conducted pursuant to the provisions of this chapter are considered individual proceedings and are governed by the requirements for such proceedings set out in the Oklahoma Administrative Procedures Act, Title 75 O.S. §
									309 through §323.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-5 - Payment of accrued leave

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of clarification of §
									165.1(4) of Title 40 O.S., specifically, when accrued vacation pay, sick pay, severance pay or other similar advantages are payable as a wage upon termination of employment:
(1) Vacation pay, sick pay, severance pay or other similar advantage is considered "wages" only if the payment of such is:
(A) Agreed upon between the employer and the employee; or
(B) It is provided by the employer to his employees in an established policy.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-6 - Bonuses

Current through Vol. 41, No. 20, July 1, 2024
(a) A provision in a written employment contract or policy manual which requires the employee to be employed at the time the bonus is paid, is valid. Employees terminated, voluntarily or involuntarily, prior to the bonus payment date are not entitled to receive the bonus payment.
(b) If there is no such provision requiring that the employee be employed at the time the bonus is paid and (i) the employer has declared its intertion to pay a bonus and (ii) the amount of the bonus has been made definite prior to payment, then the employee is entitled to receive the bonus even if involuntarily terminated prior to payment. In such a case, the bonus will be deemed earned and due and will be part of wages due the terminated employee.
Added at 13 Ok Reg 3413, eff 8-12-96
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-7 - Work without pay and deductions

Current through Vol. 41, No. 20, July 1, 2024
(a) No employer shall require or permit an employee, as a condition of securing or retaining employment, to work without monetary compensation.
(b) The term "deductions," as used in 40 O.S. §
									165.1 et seq., is defined as any and all sum(s) of money withheld by the employer from an employee's wages. The scope of the term includes, but is not limited to, amounts withheld for FICA, Federal and State income tax, Medicare, and garnishments.
(c) No employer shall deduct any amount from an employee's wages, unless legislation or a court order mandates such, or unless such deduction is made pursuant to the provisions of this section.
(d) It is permissible for an employer and employee to voluntarily enter into a payroll deduction agreement, including deductions for the following purposes:
(1) To allow the employee to repay a loan or advance which the employer made to the employee during the course of and within the scope of employment, or to allow for recovery of payroll overpayment as provided in this subchapter;
(2) To compensate the employer for the value of the employer's merchandise or uniforms purchased by the employee;
(3) To provide payment for medical, accident, disability, or retirement benefits, or insurance premiums, not including workers' compensation or unemployment;
(4) To provide for contributions to a deferred compensation plan or other investment plan provided by the employer as a benefit to the employee;
(5) To compensate the employer for breakage or loss of merchandise, inventory shortage, or cash shortage caused by the employee; where the employee was the sole party responsible for the cash or items damaged or lost, at the time the damage or loss occurred.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-8 - Regular wages, overtime and benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) Regular wages are those payments that an employee receives for services rendered in the regular course and scope of employment. They must be paid either semi-monthly or monthly, according to 40 O.S. §
									165.2. Payment must be made for all time worked, and may not be conditioned on job performance.
(b) Payment of premium overtime due to requirements of the Fair Labor Standards Act, 29 U.S.C. §
										201
et seq
., is a matter of Federal law. The Department adopts the regulations of the U.S. Department of Labor as published in the Code of Federal Regulations, and the Interpretive Bulletins relating thereto, in determining compliance issues on such claims.
(c) Payment of overtime premiums pursuant to the terms of an employment agreement is considered part of regular wages for purposes of these rules.
(d) Benefits are special wages that are paid at certain times under certain conditions, according to the terms of the employment agreement. These include vacation, sick pay, paid holidays, severance, bonuses, and other similar advantages; provided, benefits do not include mileage reimbursement, travel expenses, "sweat equity", or stock options as defined elsewhere in this Subchapter. Entitlement to benefits and/or the receipt thereof may be found upon proof of an established policy, or pursuant to the terms of a written agreement, and may be conditioned upon a certain level of job performance or any other criteria not otherwise unlawful.
(e) Any restrictions, criteria or conditions on benefits, including employer discretion and any limits thereon, must be contained in a written policy signed by the employee or they will not be held valid. The employer will be held to the terms of the benefit arrangement, and once the employee meets the criteria set forth therein, the benefit becomes part of wages earned and due and is thereupon payable as provided by statute in 40 O.S. §
									165.1 et seq.
Added at 14 Ok Reg 2968, eff 7-13-97; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-9 - Stock options and ownership interest as wages

Current through Vol. 41, No. 20, July 1, 2024
(a) An option to purchase stock in lieu of wages is enforceable as wages if provided in a written agreement signed by the employer and employee, and only if the purchase is required by the employer. If the option to purchase is entirely the employee's decision, the option is not considered wages as defined in this chapter. If the employee may elect to receive wages or benefits instead of stock, the value of the stock is considered to be wages as defined in this chapter, once the employee has made the election to receive same.
(b) For non-corporate employers, an option to receive percentage ownership interest shall be treated the same as an option to purchase stock.
(c) If the percentage ownership interest is the claimant's only source of compensation for services rendered, the claimant shall be considered a business owner.
Added at 14 Ok Reg 2968, eff 7-13-97; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-10 - Mileage reimbursement and expenses

Current through Vol. 41, No. 20, July 1, 2024
To the extent that mileage and expense amounts are paid as reimbursement for money expended by the employee, in the course and scope of employment, they are not considered to be wages. Any amount agreed upon, which is over and above that actually expended by the employee, and which results in taxable income to the employee, is considered part of regular wages and is enforceable as such. This includes "vehicle allowances" and other types of flat-rate expense payments.
Added at 14 Ok Reg 2968, eff 7-13-97
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-11 - Overpayment of wages

Current through Vol. 41, No. 20, July 1, 2024
(a) If an employer determines that an employee has been overpaid, the employer may recover the overpaid sum from the employee in one of two ways:
(1) Lump sum cash repayment; or
(2) Agreement for payroll deduction in a lump sum or in installments over a term not to exceed the length of the term in which the erroneous payments were made, provided that such agreement is made pursuant to the provisions of this subchapter regarding deductions.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-12 - Payment for training required by employer

Current through Vol. 41, No. 20, July 1, 2024
(a) If an employer requires an employee to undergo training and/or attend classes prior to employment or concurrent with job duties, and such training is provided by the employer or is held at the place of employment, the employer cannot charge the employee for the cost of the training, and must also pay the employee at least the current minimum wage for all hours of training required.
(b) If the employer contracts with a third party to provide training away from the workplace, or requires the employee to obtain outside training, the employer is not required to pay wages for the employee's attendance, although the employer may elect to do so. The party whom the training benefits shall bear the cost thereof, as follows:
(1) If the training is specific or proprietary to the current employer, and is not required by a third party for the employee to work in that particular occupation, then the training is considered to benefit the employer and the employer shall bear the cost thereof.
(2) If completion of the training will result in procurement or renewal of a professional license or certification for the employee, which stays with the employee and is portable to other employers in the same field or business, then the training is considered to benefit the employee, and the employee shall bear the cost thereof; provided, the employer may choose to pay for the training if the employer so desires.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-13 - Written notice

Current through Vol. 41, No. 20, July 1, 2024
"Written notice" for purposes of meeting the requirements of 40 O.S. 165.4 does not include notices printed on a paycheck or paystub but shall be a separate notice conceding that either:
(1) no further wages are due; or
(2) a specified sum is due.
Added at 18 Ok Reg 3514, eff 9-14-01
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 1 - General Provisions › Section 380:30-1-14 - Attorneys fees and costs

Current through Vol. 41, No. 20, July 1, 2024
Upon a finding of violation of any provision found within OAC 380:30-1-1,
et seq.
, the employer shall be additionally liable to the employee for attorney fees, costs, and any other remedy provided in 40 O.S. §
									165.1, et seq.
Added at 20 Ok Reg 2699, eff 8-12-03
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-1 - Jurisdiction of the Department generally

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department will accept for filing a claim for wages against any employer employing any employee in this state. In all cases, the employee or person making the claim shall be called the "Claimant", and the employer shall be called the "Respondent".
(b) There are generally three types of claims to which these procedures apply:
(1) Claims for wages earned and due or provided by an established policy, whether during the course of employment or upon termination, as provided by 40 O.S. §§ 165.1-165.3 ;
(2) Claims for payment of wages to survivors, pursuant to 40 O.S. §
										165.3a;
(3) Claims under the Minimum Wage Act, 40 O.S. §
										197.1 et seq.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-2 - Employee wage claim form

Current through Vol. 41, No. 20, July 1, 2024
(a) An employee, or the survivor of an employee, who has not been paid wages due may file a claim on a form provided by the Department. The Department shall keep a record of each claim filed and the disposition of the claim.
(b) The wage claim form shall request information regarding the dates the work was performed, the rate of pay, the reasons the wages have not been paid in full and the amount of money due, the full name of the claimant, the full name of the employee if the claimant is the survivor of the employee, the street address of the claimant, the telephone number for the claimant, if any, the physical location where the work was performed, the name of the immediate supervisor of the employee, the name of the employer, the address of the employer, and any information regarding bonuses, sick leave, annual leave or other advantages due the claimant. The claimant shall provide evidence in support of the claim within the claimant's possession, including time cards, personal time records, payroll check stubs, W-2 statements, written wage agreements, statements from witnesses who have direct knowledge regarding the hours worked and the wage agreement, and all other documents which substantiate the employment relationship.
(c) The Department shall notify the respondent of the filed claim.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98; Amended at 24 Ok Reg 2229, eff 6-25-07
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-3 - Employer response form

Current through Vol. 41, No. 20, July 1, 2024
(a) If the respondent agrees the amount claimed is due, the respondent shall issue a check to the claimant and send it to the Department. Subject to collection of funds payable by check, this action closes the claim and the wages are forwarded to the claimant. If the respondent agrees that a portion of the amount claimed is due, that amount should be paid immediately as provided in this subsection. If all or part of the claimed wages are disputed by the respondent, the respondent must complete an Employer Response Form, which will be provided by the Department, and return the response form to the Department.
(b) The Employer Response Form shall request such information as the type of business entity of the respondent, the names and operators of the business, employment dates of the claimant, or the employee for which the survivor is making the claim, the rate of pay for the claimant, copies of any withholding statement for the claimant for the time period for which the claim is made and for the immediately prior pay period of the claimant, copies of any time cards or records for the time period for which the claim is made and for the immediately prior pay period, copies of any written employment policies or agreements and the respondent's reasons for not paying the wages alleged to be due by the claimant. The Department may issue subpoenas to require the employer to appear and/or to submit further written information or documentation, require the claimant to submit further written information or documentation. The Department may conduct an informal proceeding to resolve the claim prior to the issuance of the Order of Determination as provided in rule 380:30-3-3.1.
(c) Upon failure by the respondent to complete and return the Employer Response Form within fifteen (15) days from notice thereof, the Department may make a determination based upon the facts in evidence and documents on file regarding the issuance of the Order of Determination as provided in rule 380:30-3-3.1.
(d) Every employer subject to Title 40 of the Oklahoma Statutes or any order issued pursuant to Title 40 of the Oklahoma Statutes shall make, keep, and preserve such records of the persons employed by him and of the wages, hours, and other conditions and practices of employment maintained by him, and shall preserve such records for the entire length of employment for all persons currently employed and no less than five (5) years from the end of employment for all former employees.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 14 Ok Reg 2968, eff 7-13-97; Amended at 15 Ok Reg 2711, eff 6-25-98; Amended at 20 Ok Reg 2699, eff 8-12-03
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-3.1 - Orders of Determination and Notices of Dismissal

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department shall issue an Order of Determination pursuant 40 O.S. §
									165.7 requiring the respondent to pay the claimant the wages due and unpaid, or liquidated damages, if any, or both, upon investigation of the facts contained in the complaint, the documents provided by the claimant, and the documents provided by the respondent, and upon determination of the facts necessary to prove the following:
(1) Proof of notice of the claim to the respondent.
(2) The existence of an employer-employee relationship between the claimant/employee and the respondent.
(3) Date and time of employment of the claimant/employee, for the respondent.
(4) Non-payment of wages due the claimant, for the date and time of employment proved in subparagraph (3).
(5) Failure to pay wages due the claimant by the respondent for the period of time, as required by law, for assessment of liquidated damages against the respondent.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-3.2 - Request for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Within twenty (20) calendar days after receiving the Order of Determination, if the respondent disputes any or all of the Order, the respondent may request a hearing before the Commissioner. The request for a hearing shall be in writing, specify the style and case number for the claim, and be signed by the party requesting the hearing or a representative of the party. The request shall be directed to the Legal Division of the Department.
(b) The Department's decision to dismiss or refuse to accept a claim shall not be subject to administrative hearing or review.
Added at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-4 - Procedures prior to hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon receipt of a request for a hearing after issuance of an Order of Determination, the claim shall be transferred to the Legal Division of the Department, which shall set a date and time for the hearing and notify the parties as required by law, or as instructed by the parties. The parties may file whatever motions, pleadings, briefs, or other papers they deem appropriate, including but not limited to motions to dismiss and motions for summary judgment. Dispositive motions may be ruled upon either at hearing or prior thereto, with or without benefit of oral argument, by the Commissioner. Unless good cause is shown, motions and briefs shall be filed at least thirty (30) days prior to the hearing of the Claim; shall be served upon the opposing party, counsel, and the Department in a timely manner; and shall not exceed 25 pages in length, exclusive of exhibits or attachments. Any response to a motion or brief shall be filed within fifteen (15) days thereafter, unless good cause is shown. All pleadings and papers shall be styled in the following manner: "BEFORE THE DEPARTMENT OF LABOR, STATE OF OKLAHOMA, IN RE: (Respondent), Claim No., (Name of Claimant)."
(b) Subpoenas will be issued by the Commissioner upon request of either party. The party requesting the subpoena shall be responsible for service in a timely manner, in accordance with the Administrative Procedures Act, 75 O.S. §
									315, and the Oklahoma Pleading Code, 12 O.S. §
									2004.1. All subpoenas issued by the Department shall allow at least ten (10) days for compliance. Subpoenas duces tecum shall set the date of compliance either at or before the pre-hearing conference, if any. Otherwise, the date for compliance shall be at least ten (10) days prior to the hearing.
(c) Subject to the provisions of the Administrative Procedures Act, parties may obtain discovery in any manner provided for under the Oklahoma Discovery Code, 12 O.S. §
									3225 et seq., and in accordance with the rules and provisions contained therein. Discovery shall be completed no later than the pre-hearing conference.
(d) The Commissioner reserves the authority to dismiss a claim set for hearing at any time for lack of jurisdiction over the parties or subject matter of the claim.
(e) Unless for good cause shown, no request for continuance of any hearing shall be considered unless the same is presented in writing to the Commissioner at least three (3) days prior to the scheduled docket date. Continued cases shall be placed on the next available hearing docket, but no earlier than 30 days after the original scheduled date without written consent of both parties. No case shall be continued more than twice unless good cause is shown.
Added at 14 Ok Reg 2968, eff 7-13-97; Amended at 15 Ok Reg 2711, eff 6-25-98; Amended at 26 Ok Reg 2257, eff 7-1-09; Amended at 27 Ok Reg 48, eff 10-1-09 (emergency); Amended at 27 Ok Reg 1877, eff 7-1-10
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-5 - Motions for stay of proceedings

Current through Vol. 41, No. 20, July 1, 2024
The Commissioner may grant a stay of the proceeding upon motion of either party, or upon the Commissioner's own motion, if the outcome of a case currently pending in any court of record in this State would affect the rights of the parties of the result in a pending Wage Claim filed with the Department. Either party may move to stay the proceedings at any time after the filing of the affected Wage Claim. Any response to a motion for stay of proceedings shall be filed within twenty (20) days thereafter. The moving party shall have the burden of proof.
Added at 14 Ok Reg 2968, eff 7-13-97; Amended at 15 Ok Reg 2711, eff 6-25-98; Amended at 26 Ok Reg 2257, eff 7-1-09
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-6 - Burdens of proof

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioner (or the Commissioner's designee sitting as an Administrative Law Judge) shall conduct wage claim hearings which shall be informal, with the object of dispensing speedy justice between the parties to assure a full and complete hearing on the merits.
(b) The Department is entitled (by this rule which has the force and effect of law) to participate in all hearings.
(c) Department's counsel, in defense of the earlier issued Order of Determination, shall proceed first at the hearing; thereafter, the Claimant may adduce additional evidence.
(d) At the conclusion of the presentation of evidence by Department's counsel and Claimant, the Commissioner (or the Commissioner's designee sitting as an Administrative Law Judge) may entertain a motion for judgment or dismissal (i.e., the equitable equivalent of a demurrer to the evidence) on the grounds that Department's counsel or Claimant, or both, have failed to meet the primary burden of proof in the wage claim hearing.
(e) The Department's right to appear and defend the Order of Determination is absolute; however, Department's counsel may waive appearance at the hearing solely at the discretion of Department's counsel. An election by the Department to waive appearance at the hearing does not preclude the Department's involvement in future litigation or any 75 O.S. 317, 318, or 319-323 proceedings.
(f) The Respondent shall have the burden of proof for all affirmative defenses to the claim. Any legal offset by the Respondent, as defined herein, shall be treated as an affirmative defense to the claim.
(g) The Claimant and the Respondent shall have the right to offer evidence in their behalf in accordance with Oklahoma Administrative Code 380:30-3-8 and the Commissioner (or Commissioner's designee sitting as an Administrative Law Judge) may call and question such witnesses and order the production of and admit into evidence such documents as deemed appropriate in the discretion of the Commissioner (or Commissioner's designee sitting as an Administrative Law Judge).
Added at 14 Ok Reg 2968, eff 7-13-97; Amended at 15 Ok Reg 2711, eff 6-25-98; Amended at 21 Ok Reg 37, eff 10-8-03 (emergency); Amended at 21 Ok Reg 2810, eff 7-11-04
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-7 - Mediation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 14 Ok Reg 2968, eff 7-13-97; Revoked at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 3 - Wage Claim Procedures › Section 380:30-3-8 - Pre-hearing conferences

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commissioner, upon motion of either party or upon the Commissioner's own motion, may order a pre-hearing conference prior to hearing. Such conference will be held at least ten (10) days in advance of the scheduled hearing date, and the parties shall be notified at least ten (10) days prior to the conference of the time, place, and date thereof.
(b) When a pre-hearing conference is ordered, parties and/or their counsel shall appear and exchange the following:
(1) A brief statement of the case, list of stipulations, and requested remedy;
(2) A list of all witnesses who have direct knowledge of the facts surrounding the issues of the Claim and who are expected to be called at the hearing;
(3) A list of all documents and exhibits, and the original or a copy of each document or exhibit, to be offered into evidence at the hearing;
(4) A list of all witnesses for whom a subpoena is required. The list shall include the name and address of each witness, and a brief statement of testimony to be offered by that witness. The Department will not issue subpoenas without this information.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-1 - Administrative hearing

Current through Vol. 41, No. 20, July 1, 2024
The Department shall set claims for administrative hearing upon request as provided in rule 380:30-3-3.2. This is a legal proceeding subject to the requirements for individual proceeding pursuant to the Oklahoma Administrative Procedures Act, Title 75 O.S. §
									309 et seq., the provisions of which are incorporated herein by reference. Both the claimant and respondent will be provided with notice of the hearing. At the hearing, each party will be required to present evidence. The hearing will be conducted, and the final agency order issued, by the Commissioner or the Commissioner's designee sitting as Administrative Law Judge.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-2 - Contents and service of notice

Current through Vol. 41, No. 20, July 1, 2024
The Notice of Hearing shall meet the requirement of 75 O.S. §
									309. The Order of Determination previously sent to the respondent, shall serve as a detailed statement of the issues involved. The Department shall deliver Notice of Hearing to the claimant at the last address provided in writing to the Department and to the respondent at the address to which notice of the claim was delivered, or at the service address for respondent as shown on the records of the Secretary of State of the State of Oklahoma, or the last address provided in writing by the respondent to the Department. The Notice of Hearing shall be sent by certified U.S. mail, return receipt requested. Failure of service of the Notice of Hearing upon the claimant shall result in dismissal of the earlier issued Order of Determination and closure of the case; failure of service upon the respondent shall result in dismissal of Respondent's challenge to the earlier issued Order of Determination.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98; Amended at 20 Ok Reg 2699, eff 8-12-03
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-3 - Opportunity to be heard [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3413, eff 8-12-96; Revoked at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-4 - Record of hearing [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3413, eff 8-12-96; Revoked at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-5 - Hearing to be recorded [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3413, eff 8-12-96; Revoked at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-6 - Procedures before the Department

Current through Vol. 41, No. 20, July 1, 2024
The hearing shall be conducted pursuant to the provisions of 75 O.S. §§
									309 and 310.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-7 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
A final agency order shall be issued by the Commissioner pursuant to the provisions of 75 O.S. §
									312.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-8 - Subpoenas-witnesses and documents [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 3413, eff 8-12-96; Revoked at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-9 - Rehearing, reopening or reconsideration of decision

Current through Vol. 41, No. 20, July 1, 2024
A final order issued by the Commissioner shall be subject to rehearing, reopening, or reconsideration pursuant to the provision of 75 O.S. §
									317.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-10 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
Any party aggrieved by a final order in an individual proceeding is entitled to certain, speedy, adequate and complete judicial review thereof pursuant to the provisions of Title 75 O.S. §
									318, through 323 of the Oklahoma Administrative Procedures Act.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-11 - Staying enforcement of agency decision pending review

Current through Vol. 41, No. 20, July 1, 2024
Upon motion of either party, after filing of a proceeding for review with the district court, the Commissioner may stay the enforcement of the agency decision for good cause shown or when the interest of justice requires.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 30 - Protection of Labor › Subchapter 5 - Administrative Hearing Procedures › Section 380:30-5-12 - Transmission of record to reviewing court

Current through Vol. 41, No. 20, July 1, 2024
Upon receipt by the Department of a copy of the petition for review stamped "filed" by the district court clerk, the Department shall transmit to the reviewing court a certified copy of the entire record of the proceeding under review pursuant to the provisions of 75 O.S. §
									320. The Department shall notify the parties and counsel of record when the record has been completed and transmitted.
Added at 13 Ok Reg 3413, eff 8-12-96; Amended at 15 Ok Reg 2711, eff 6-25-98
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules in Chapter 40 is to set forth general policies for enforcement of the inspection and citation provisions of 40 O.S. §
								401 et seq., the Oklahoma Occupational Health and Safety Standards Act ("the Act"). This rule adopts regulations and national consensus standards, requirements for record keeping and updating of equipment as mandated by state law.
Amended at 16 Ok Reg 3023, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-2 - Applicable national standards

Current through Vol. 41, No. 20, July 1, 2024
(a) The Federal Occupational Safety and Health Standards for General Industry ( 29 CFR 1910 ) and the Construction Industry ( 29 CFR 1926 ) shall be automatically adopted by incorporation as currently published and as hereafter may be revised in the Code of Federal Regulations subject to the following exceptions:
(1) That the definition of an "employer" as set forth in 29 CFR 1910.2(c) is deleted and the term is hereby defined in accordance with the definition in Title 40 O.S. Section 402(1) for "employer"
(2) That the Hazard Communication Standard as set forth in 29 CFR 1910.1200 is adopted by incorporation except the information and training required under 29 CFR 1910.1200(h) is required annually. The definition of "employer" and "employee" as set forth in 29 CFR 1910.1200(c) is deleted and the term is defined in accordance with the definition in Title 40 O.S. Section 402(1) for "employer" and "employee".
(3) The definition of "action level" in the General Industry Standard for asbestos ( 29 CFR 1910.1001(b) ) is deleted.
(4) The section on permissible exposure limit (PEL) in the General Industry Standard for asbestos ( 29 CFR 1910.1001(c) ) is deleted and hereby replaced with: Permissible exposure limit (PEL). The employer shall ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.01 fibers per cubic centimeter of air.
(5) For purposes of compliance with 29 CFR 1910.134(g)(4), it is permissible for the employer to enlist the aid of firefighters from other municipal jurisdictions, or political subdivisions, in order to ensure that enough personnel are present at the site to fulfill the requirements of the "two in, two out" rule. The employer must insure that the firefighters from the other municipal jurisdictions, or political subdivisions are in compliance with 29 CFR 1910.134.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-3 - National standards on file

Current through Vol. 41, No. 20, July 1, 2024
A copy of currently published standards and regulations incorporated by reference in this rule shall be on file at the Oklahoma Department of Labor Office in Oklahoma City.
Amended at 16 Ok Reg 3023, eff 7-12-99
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-5 - Recordkeeping

Current through Vol. 41, No. 20, July 1, 2024
(a) The currently published Federal Occupational Safety and Health Standard 29 CFR 1904, et seq., shall be automatically adopted by incorporation as published in the Code of Federal Regulations and as may hereafter be revised in the Code of Federal Regulations with the following exceptions:
(1) that Subpart B (1904.1, 1904.2, 1904.3 and Appendix A), 1904.37, 1904.38, 1904.39, 1904.40, 1904.41, 1904.42, 1904.45, and, in 1904.7(b)(2), the sentence stating, "You must also report any work-related fatality to OSHA within eight (8) hours, as required by '1904.39" shall not be included;
(2) that the definition of "Act" pursuant to 29 CFR 1904 shall mean the Oklahoma Occupational Safety and Health Act of 1970 Title 40 O.S. Section 401 et seq.;
(3) that all references in 29 CFR 1904 to the Assistant Commissioner or Regional Commissioner of the Bureau of Labor Statistics be changed to Oklahoma Department of Labor;
(4) that all references in 29 CFR 1904 to OSHA No. 300 shall be changed to OK 300; all references to OSHA 300A shall be changed to OK 300A; and references to OSHA No. 301 shall be changed to OK 301;
(5) the definition of "you" in 29 CFR 1904.46 shall mean "employer" as defined in 40 O.S. 402.
(6) that 29 CFR 1904.46 Definition of Establishment (2) shall be changed to: (2) Can an establishment include more than one physical location? Yes, but only if the direct daily supervision of all staff is the responsibility of one common individual.
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-7 - Posting of notice

Current through Vol. 41, No. 20, July 1, 2024
(a) Each
					employer shall post and keep posted a notice or notices, to be furnished by the
					PEOSH Division of the Oklahoma Department of Labor, informing employees of the
					protections and obligations provided for in the 40 O.S.  §
								401   et seq. and
					that for assistance and information, including copies of specific safety and
					health standards, employees should contact the PEOSH Division of the Oklahoma
					Department of Labor. Such notice or notices shall be posted by the employer in
					each establishment in a conspicuous place or places where notices to employees
					are customarily posted. Each employer shall take steps to insure that such
					notices are not altered, defaced, or covered by other material.
(b) Reproductions or facsimiles of such State
					posters shall constitute compliance with the posting requirements where such
					reproductions or facsimiles of such State posters shall constitute compliance
					with the posting requirements where such reproductions or facsimiles are at
					least 8 ½ inches by 11 inches, and the printing size is at least 10 pt.
					Whenever the size of the poster increases, the size of the print shall also
					increase accordingly. The caption or heading on the poster shall be in large
					type, not less than 32 pt.
(c)
					"Establishment" means a single physical location where agency business is
					conducted or where services or operations are performed. Where distinctly
					separate activities are performed at a single physical location, each activity
					shall be treated as a separate physical establishment, and a separate notice or
					notices shall be posted in each such establishment. Where employer are engaged
					in activities which are physically dispersed, such as agriculture,
					construction, transportation, communications, and electric, gas and sanitary
					services, the notice or notices required by this section shall be posted at the
					location to which employees report each day. Where employees do not usually
					work at, or report to, a single establishment, such as technicians, engineers,
					etc., notices shall be posted at the location from which the employees operate
					to carry out their activities. In all cases, such notice or notices shall be
					posted in accordance with the requirements of paragraph (a) of this
					section.
(d) Any employer failing
					to comply with the provisions of this section shall be subject to citation in
					accordance with the provisions of 40 O.S.  §
								410(D).
Added at 16 Ok Reg 3023, eff 7-12-99; Amended at 26 Ok Reg 2259, eff 7-1-09
Oklahoma Administrative Code › Title 380 - Department of Labor › Chapter 40 - Oklahoma Occupational Health and Safety Standards Act Rules › Section 380:40-1-8 - Authority for inspection

Current through Vol. 41, No. 20, July 1, 2024
Employees designated by the Oklahoma Department of Labor as PEOSH Inspectors are authorized by the Commissioner of Labor to enter without delay and at reasonable times any plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; to inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, any such place of employment, and all pertinent conditions, structures, machines, vehicles, apparatus, devices, equipment and materials therein; to question privately any employer or employee; and to review records required by 40 O.S. §
								401 et seq. and regulations referenced in this chapter, and other records which are directly related to the purpose of the inspection.
Added at 16 Ok Reg 3023, eff 7-12-99