reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 30 - Standards and Criteria for Adult Victims of Human Sex Trafficking Programs › Subchapter 13 - Governing Authority › Section 75:30-13-4 - Governing authority, orientation

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				certified program shall provide a minimum of two (2) hours orientation training
				to members of the governing authority which includes, but is not limited to:
(1) Program goals and services of each
				service component;
(2) Program
				policies and procedures;
(3)
				Underlying philosophy [OAC
				75:30-1-1.1
				];
(4) Confidentiality, to include
				verbal confidentiality whether inside or outside of the facility and client
				records;
(5) Client rights and
				grievance procedure;
(6) Legal and
				ethical issues;
(7) Sexual
				violence as a result of human sex trafficking;
(8) Open Meeting Act and recording of meeting
				minutes;
(9) Open Records Act;
(10) Rules, including standards
				and criteria to ensure multi-cultural needs of clients are met, used in
				certifying programs;
(11) Role and
				responsibility of the Executive Director; and
(12) Role and responsibility of the governing
				authority.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 30 - Standards and Criteria for Adult Victims of Human Sex Trafficking Programs › Subchapter 15 - Client Rights, for Adult Victims of Human Sex Trafficking Programs › Section 75:30-15-1 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This Part is applicable to those human sex trafficking
				  programs certified by the OAG pursuant to 74 O.S. §
									18p-1
				  et seq.
Added at 28 Ok Reg 1931,
				  eff 7-11-11
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 30 - Standards and Criteria for Adult Victims of Human Sex Trafficking Programs › Subchapter 15 - Client Rights, for Adult Victims of Human Sex Trafficking Programs › Section 75:30-15-3 - Client grievance policy and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a) Each program shall have a written client
				grievance policy providing for, but not limited to, the following:
(1) Written notice of the grievance and
				appeal procedure provided to the client; and, if involved with the client, to
				family members or significant others;
(2) Time frames for the grievance policy's
				procedures, which allow for an expedient resolution of client grievances;
(A) Transitional living, and shelter services
				timeframes for resolution of grievances by program staff or volunteers shall be
				seven (7) days unless appealed;
(B)
				Non-transitional living and non-shelter services' timeframes for resolution of
				grievances by program staff or volunteers shall be fourteen (14) days unless
				appealed;
(3) Name(s) of
				the individual(s) who are responsible for coordinating the grievance policy and
				the individual responsible for or authority to make decision(s) for resolution
				of the grievance and the individual responsible for or authorized to make
				decisions for resolution of grievance. In the instance where the decision maker
				is the subject of a grievance, decision-making authority shall be delegated;
(4) Provide for notice to the
				client that he or she has a right to make a complaint to the OAG Victims
				Services Unit;
(5) Clients shall
				be given a copy of the grievance policy, including the right to make a
				complaint to the OAG, and the provision of such shall be documented in the
				client record, including the phone number, mailing address, and email address
				of the VSU of the OAG;
(6)
				Mechanism to monitor the grievance process and improve performance based on
				outcomes; and
(7) Annual review of
				the grievance policies and procedures, with revisions as needed.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules found in this Chapter are hereby adopted by the
				  Attorney General of Oklahoma to implement the Oklahoma Witness Protection
				  Planpursuant to authority granted by Title 74 O.S. 2012, §
									18p-10(c).
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-3 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
The rules found in this Chapter shall govern the manner and
				  procedure governing the making of all applications for Support by a witness
				  seeking Suppor t through the Program , all decisions for granting or denying
				  Support thereon, all payments of all Support upon approved applications, the
				  duration of Support under the Program and grounds for termination of a
				  Participant from the Program ; whether initiated through a District Attorney of
				  jurisdiction or through Unit Chief of jurisdiction in the Oklahoma Office of
				  Attorney General.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-4 - Scope of the Program

Current through Vol. 41, No. 20, July 1, 2024
The Program is only legally authorized to provide certain
				  limited and temporary Support services to Participants . Physical protection of
				  Participants accepted into the Program remains a function of local law
				  enforcement.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-6 - Confidentiality of Program Records

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Program is for the State of Oklahoma to
				  provide witness protection services to persons who by reason of actively aiding
				  the State of Oklahoma may be in danger of death or bodily harm, See 74
				  O.S.Supp. 2012, §18p-10(A). The Attorney General hereby finds that open
				  access to records pertaining to the Program will defeat the legal purpose for
				  the program by identifying Program applicants and/or participants and by
				  providing past or current locations for such persons. Accordingly, all records
				  pertaining to the Program including, but not limited to all applications for
				  Support under the Program , together with all records of any and every kind
				  related thereto, are hereby found and declared to be confidential and
				  privileged from disclosure as trial preparation materials of the State of
				  Oklahoma, See 12 O.S.2011, § 3226(B) and exempt from disclosure under the
				  Oklahoma Open Records Act, See 51 O.S.2011, § 24a.5(1)(a). See also , 51
				  O.S.2011, § 24A.12, 22 O.S.2011, § 2510, 74 O.S.2011, § 19a, and
				  Merrill v. Oklahoma Tax Commission , 831 P.2d 634, 639-640 [holding that State
				  agencies shall make the initial determination whether its records are exempt
				  from Open Records disclosure], and shall be disclosed only as provided in these
				  rules. All Program records shall be subject to the regular audit of the State
				  Auditor and Inspector and disclosed to that Office for such purposes as
				  required for the performance of such audits, See 74 O.S.2011, § 212;
				  provided auditors and audits shall keep confidential the actual and/or alias
				  identities and locations of all persons applying for and/or receiving Support
				  under the Program .
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 35 - Oklahoma Witness Protection Program › Subchapter 1 - Oklahoma Witness Protection Program › Section 75:35-1-7 - Required Forms

Current through Vol. 41, No. 20, July 1, 2024
(a) The Application
				for Support Services shall be upon Form 1 consisting of three (3) pages, a copy
				of which is appended hereto.
(b)
				The Memorandum of Understanding with a witness or other program participant
				over the age of eighteen (18) years of age shall be upon Form 2 consisting of
				one (1) page, a copy of which is also appended hereto.
(c) Receipt for Support shall be documented
				upon Form 3, a copy of which is appended hereto.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 40 - Opioid Abatement Board › Subchapter 1 - General Provisions › Section 75:40-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter sets forth rules, including standards and
				  criteria, for, and operations and distributions of, the Opioid Abatement Board
				  created by the Political Subdivisions Opioid Abatement Grants Act (74 O.S.
				  §§ 30.3-30.8).
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 40 - Opioid Abatement Board › Subchapter 1 - General Provisions › Section 75:40-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Applicant"
means any eligible participant that
				  has submitted an application for an opioid grant award to the Board.
"Application"
means the Opioid Abatement Grant
				  Application approved by the Board.
"Approved Purpose"
or
"Approved
				  Purposes"
means the same as 74 O.S. § 30.5(1).
"Board"
means the Oklahoma Opioid Abatement
				  Board established by 74 O.S. § 30.7.
"Contract"
means the agreement between the Board
				  and a Recipient setting forth responsibilities of Recipients regarding the use
				  of opioid grant award funds.
"Eligible participant"
means the same as 74 O.S.
				  § 30.5(3).
"Form"
means Opioid Abatement Grant Award
				  Quarterly Reporting Form approved by the Board.
"Nonapproved purpose"
or
"Nonapproved
				  purposes"
means the same as 74 O.S. § 30.5(4).
"Opioid funds"
means the same as 74 O.S. §
				  30.5(5).
"Opioid grant awards"
means the same as 74 O.S.
				  § 30.5(6).
"Recipient"
means any eligible participant that
				  has applied for and received an opioid grant award disbursement.
"Revolving Fund"
means the Oklahoma Opioid
				  Abatement Revolving Fund established under 74 O.S. §
				  30.6.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 1 - General Provisions › Section 75:50-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
This chapter sets forth rules, including standards and criteria, for, and operations and distributions of, the Opioid Abatement Board created by the Political Subdivisions Opioid Abatement Grants Act (74 O.S. §§ 30.3-30.8).
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 1 - General Provisions › Section 75:50-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Act"
means the Political Subdivisions Opioid Abatement Grants Act, codified at 74 O.S. §§ 30.3-30.8.
"Applicant"
means any eligible participant that has submitted an application for an opioid grant award to the Board.
"Application"
means the Opioid Abatement Grant Application approved by the Board.
"Approved Purpose"
or
"Approved Purposes"
means the same as 74 O.S. § 30.5(1) and uses of funds that are reasonable and necessary for the proper and efficient performance and administration of the grant project, and allocable to the grant project.
"Board"
means the Oklahoma Opioid Abatement Board established by 74 O.S. § 30.7.
"Contract"
means the agreement between the Board and a Recipient setting forth responsibilities of Recipients regarding the use of opioid grant award funds.
"Eligible participant"
means the same as 74 O.S. § 30.5(3).
"Form"
means Opioid Abatement Grant Award Quarterly Reporting Form approved by the Board.
"Nonapproved purpose"
or
"Nonapproved purposes"
means the same as 74 O.S. § 30.5(4). "Opioid funds" means the same as 74 O.S. § 30.5(5).
"Opioid grant awards"
means the same as 74 O.S. § 30.5(6).
"Political subdivision"
means the same as 74 O.S. § 30.5(9).
"Recipient"
means any eligible participant that has applied for and received an opioid grant award.
"Revolving Fund"
means the Oklahoma Opioid Abatement Revolving Fund established under 74 O.S. § 30.6.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 2 - Opioid Settlement Payments › Section 75:50-2-1 - [Effective until 9/14/2024] Distributors and retailers & Allergan settlement payment disbursement process for non-litigating political subdivisions

Current through Vol. 41, No. 20, July 1, 2024
(a) This section shall only apply to non-litigating political subdivisions that elected to participate in the opioid distributors and retailers & Allergan settlements and submitted a participation form waiving any future claims against the named defendants, Allergan, Amerisource Bergen, Cardinal Health, CVS, McKesson Corp., Walgreens, and Walmart.
(b) The Board shall conduct disbursement of opioid grant awards from the Revolving Fund.
(c) Such opioid grant awards shall be awarded amongst the different Applicants based on the following criteria:
(1) the number of people per capita suffering from opioid use disorder in the participating political subdivision, or in the absence of such information, the opioid prescription rate in the political subdivision compared to the national average opioid prescription rate;
(2) the number of opioid overdose deaths in the participating political subdivision;
(3) the amount of opioids distributed within the participating political subdivision; and
(4) the amount of attorney fees and allowable expenses associated with legal services agreements directly related to opioid litigation incurred as part of legal services agreements entered into before May 21, 2020.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-1 - Opioid grant application process

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall provide the Application on the Office of the Attorney General's website. The Attorney General may, acting on behalf of the board, digitize the entire application process.
(b) Applications will be reviewed by the Board, which will allocate funds consistent with the requirements under the Act and subchapter 2, section 1, subsection c of this chapter.
(c) The Board may delegate review of completed applications to the Office of the Attorney General and to whomever it finds qualified, capable, and possessing necessary capacity.
(d) Applicants shall sign and return to their completed applications to the Office of the Attorney General via mail or by electronic means as determined by the Office of the Attorney General.
(e) Public trusts shall submit the most recent copy of their declaration of trust or trust indenture with their application.
(f) Applicants must submit data correlating to any criteria requested by the Board, including the criteria set forth subchapter 2, section 1, subsection c.
(g) Grant applicants must apply for a grant award using the procedures, forms, and certifications prescribed by the Board. Any incomplete applications or applications lacking in sufficient detail may be returned to the applicant for completion, corrections, or supplementation. In the event an application remains incomplete or lacking in sufficient detail, the Attorney General may deny the application on the Board's behalf. The applicant submitting the denied application may then appeal the decision to the Board pursuant to section 5 of this subchapter.
(h) Each grant applicant must designate an authorized official and must submit to the Board or its designee, the following:
(1) a resolution from the grant applicant's governing body that, at a minimum, designates an authorized official to act on the grant applicant's behalf and authorizes the authorized official to submit a grant application;
(2) the authorized official's title, mailing address, telephone number, and email address; and
(3) the grant applicant's physical address.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-2 - Opioid grant award restrictions and requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon submitting an application, an applicant must also submit a memorialized plan for the utilization or expenditure of opioid funds. Such plan may be in the form in a resolution or equivalent government action adopted by the political subdivision and submitted to the Board with the application. Documentation evincing such government action may include, but is not limited to, the following:
(1) A resolution, as allowed by law, adopted through a publicly cast and recorded vote;
(2) An ordinance, or its equivalent, that has been approved through a publicly cast and recorded vote; or
(3) An abatement plan or budget that has been approved through a publicly cast and recorded vote.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-3 - Maximum grant awards

Current through Vol. 41, No. 20, July 1, 2024
(a) The amount of a grant award is determined solely in the discretion of the Board. The Board is not required to fund a grant in the amount requested by the Applicant. Maximum grant awards are based on an applicant's population or enrollment and will fall into one of three respective tiers, with Tier 1 being for the smallest in population or enrollment and Tier 3 being the largest in population or enrollment.
(b) Applicant counties shall be eligible for grant award amounts as set forth in Appendix B.
(c) Applicant municipalities shall be eligible for grant award amounts as set forth in Appendix C.
(d) Applicant common education school districts shall be eligible for grant award amounts as set forth in Appendix D.
(e) Applicant technology school districts shall be eligible for grant award amounts as set forth in Appendix E.
(f) If two or more applicants submit a joint application as a collaborative effort or project, the joint effort or project(s) shall be eligible for grant award amounts as set forth in Appendix F.
(g) The total population or enrollment for applicants that are public trusts solely benefiting one or more eligible participants shall be eligible based on the subdivision(s) they benefit. If a public trust benefits more than one type of political subdivision, the public trust will be eligible for maximum available funding under the tier appendix for which the majority of its beneficiary-political subdivisions are.
(h) A public trust's population or enrollment will be limited to the population or enrollment of the subdivision(s) that the public trust benefits as set forth in the declaration of trust or trust indenture.
(i) An interlocal cooperative formed under title 70 of the Oklahoma Statutes that is determined to be a local educational agency will be considered a school district, as that term is defined in 51 O.S.  §
									152.
(j) The Board reserves its discretion to award an amount greater than the proposed maximum available funding amounts in Appendices B-F under the following circumstances:
(1) An applicant demonstrates extraordinary need for opioid abatement funding resources, warranting a reasonable increase; or
(2) sufficient funds remain available for increasing award amounts as may be determined by the Board, subject to the Board's due diligence in evaluating applications.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-4 - Application review and disbursement process; allowable costs

Current through Vol. 41, No. 20, July 1, 2024
(a) Grant applications may be reviewed according to the following process:
(1) initial screening,
(2) peer review, and
(3) Board review and approval. Applications submitted to the Board shall be scored using the scoring rubric in Appendix G.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-5 - Grant award appeals

Current through Vol. 41, No. 20, July 1, 2024
(a) If an applicant wishes to appeal a grant award decision of the Board, the applicant may submit an appeal in writing to the Board within twenty (20) days of notification of a grant award decision.
(b) Appeals are limited to the following Board decisions:
(1) Denial of funding for projects,
(2) Denial of specific fund use requests, and
(3) Denials of an application.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-6 - Remaining unencumbered balance

Current through Vol. 41, No. 20, July 1, 2024
Following disbursement, any remaining unencumbered balance in the Revolving Fund shall be available for the Board to award as supplemental grants to eligible Participants, provided such awards shall only be utilized by eligible Participants for Approved Purposes.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Subchapter 3 - Opioid Abatement Grants › Section 75:50-3-7 - Grant award quarterly reporting, oversight, and compliance

Current through Vol. 41, No. 20, July 1, 2024
(a) The grant recipient is responsible for managing the day-to-day operations and activities supported by the grant agreement and is accountable to the Board for the performance of the grant agreement, including the appropriate expenditure of grant award funds and all other obligations of the grant recipient. The grant recipient must maintain a sound financial management system that provides appropriate fiscal controls and accounting procedures to ensure accurate preparation of reports required by the grant agreement and adequate identification of the source and application of grant funds awarded to the grant recipient. Grant recipients must comply with:
(1) the terms and conditions of the grant agreement;
(2) all applicable state or federal statutes, rules, regulations, or guidance applicable to the grant award. A grant recipient is the entity legally and financially responsible for compliance with the grant agreement, and state and federal laws, rules, regulations, and guidance applicable to the grant award.
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix A - Opioid Distribution Calculation Table

Current through Vol. 41, No. 20, July 1, 2024
Criteria Number
Description of Criteria
Weight of Criteria
1
Number of people per capita suffering from opioid use disorder in the participating subdivision, or in the absence of such information, the opioid prescription rate in the political subdivision compared to the national average opioid prescription rate
20%
2
Number of opioid overdose deaths in the participating political subdivision
40%
3
Amount of opioids distributed within the participating political subdivision
40%
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix B - County Tiers

Current through Vol. 41, No. 20, July 1, 2024
Tier Number
Population range
Proposed maximum available funding
1
Up to 25,000
$75,000.00
2
25,001-75,000
$150,000.00
3
75,001 or more
$300,000.00
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix C - Municipality Tiers

Current through Vol. 41, No. 20, July 1, 2024
Tier Number
Population range
Proposed maximum available funding
1
Up to 15,000
$60,000.00
2
15,001-100,000
$125,000.00
3
100,001 or more
$300,000.00
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix D - Common Education School District Tiers

Current through Vol. 41, No. 20, July 1, 2024
Tier Number
Population range
Proposed maximum available funding
1
Up to 2,000
$35,000.00
2
2,001-15,000
$75,000.00
3
15,001 or more
$150,000.00
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix E - Technology School District Tiers

Current through Vol. 41, No. 20, July 1, 2024
Tier Number
Population range
Proposed maximum available funding
1
Up to 5,000
$35,000.00
2
5,001-15,000
$75,000.00
3
15,001 or more
$150,000.00
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix F - Collaborative Multi-Applicant Tiers

Current through Vol. 41, No. 20, July 1, 2024
Tier Number
Population range
Proposed maximum available funding
1
Up to 100,000
$175,000.00
2
100,001-500,000
$350,000.00
3
500,001 or more
$750,000.00
Oklahoma Administrative Code › Title 75 - Attorney General › Chapter 50 - Opioid Settlement Payments and Abatement Grants › Appendix G - Scoring Rubric

Current through Vol. 41, No. 20, July 1, 2024
Applications should be scored based on their demonstration of evidence provided in each of the criteria. Reviewers should look for evidence that the application will support abatement of the opioid epidemic within the political subdivision. Reviewers should ensure that the proposed use of funds aligns with both the statutorily-approved purposes and the need as expressed in the application. Applications should demonstrate a clear need for opioid abatement, provide a compliment to any existing programs within the community and a plan for ensuring funds are managed, spent and reported transparently and efficiently in accordance with the grant terms and restrictions.
Criteria
Total Points Available
Point Values
Use of Funds (Question 11)
20 points
0
Narrative shows no use of funds for abatement
10
Weak use of funds for abatement
15
Good use of funds for abatement
20
Strong use of funds for abatement
Demonstrated Need for Funds (Question 12)
25 points
0
No justification
10
Limited justification
18
Adequate justification
25
Strong justification
Capacity for Implementation (Question 13)
15 points
0
No capacity for project management
5
Weak capacity for project management
10
Good capacity for project management
15
Strong capacity for project management
Evidence Base for Proposed Projects (Question 14)
25 points
0
No evidence of future success
10
Weak evidence of future success
15
Good evidence of future success (evidence-informed)
25
Strong evidence of future suggess (evidence-based)
Community Partnership and Support (Question 15)
15 points
0
No alignment with existing community efforts
5
Weak alignment with community efforts
10
Moderate alignment with community efforts
15
Strong alignment with community efforts
Subtotal points
100 points
Bonus Points Criteria
Total Points Available
Point Values
Applicant has received $0 in opioid settlements or opioid-related litigation (checked "No" on questions 710)
5 points
0
5
Applicant proposes a new project (checked first box on question 11b)
15 points
0
15
Applicant has secured 50% or more of maximum available funding in matching funds from other sources
10 points
0
10
Total Points
130 points
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) The Auditor is the statutory administrator of abstractors in the State of Oklahoma, 74 O.S. Section 227.10, et seq.
(b) In keeping with his authority and purpose, the Auditor has promulgated rules and regulations to implement the statutes and to describe administrative operations and procedures available to the public pursuant to 75 O.S., Sections 302, 305, and 307.
Amended at 9 Ok Reg 2705, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Abstractor"
means a person engaged in the business of abstracting including the holder of a Certificate of Authority, Permit or Abstractor License.
"Auditor"
means the State Auditor and Inspector.
"Registrar"
means the Abstractor Registrar.
"Respondent"
means the person complained against.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-4 - Principal office; hours

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Auditor is in Oklahoma City, Oklahoma. The office is open during regular business hours each day except Saturday, Sunday and legal holidays.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-5 - Communications

Current through Vol. 41, No. 20, July 1, 2024
All communication shall be in writing and addressed to the Registrar at the principal office of the Auditor unless the Registrar directs otherwise.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-6 - Availability of records; copies

Current through Vol. 41, No. 20, July 1, 2024
Copies of rules, regulations and other written statements of policy relating to abstractors and adopted by the Auditor in the discharge of duties and all final orders, decisions and opinions will be available for public inspection at the principal office during regular office hours. Copies of the official records may be made and certified by the Registrar upon prepayment of the copying fee which shall be posted in the Registrar's office (see 51 O.S. 24A.5.3). All material in the Auditor's office protected from publication by State and Federal law shall not be released.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-7 - Powers and duties

Current through Vol. 41, No. 20, July 1, 2024
The powers and duties of the Auditor are set forth in the Oklahoma Abstractors Law, 74 O.S. Section 227.10, et seq.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-8 - Administrative Procedures Act

Current through Vol. 41, No. 20, July 1, 2024
The procedure for complaints, hearings and regulation of matters covered by the rules of this Title shall be governed by the Oklahoma Administrative Procedures Act, 75 O.S. Section 301, et seq. and any conflict between the rules of this Title and the Act, the Act shall govern.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 80:1-1-9 - Authority, interpretation, and severability of rules

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter are adopted pursuant to Title 74 Oklahoma Statutes, Section 227.10 et seq., known as the Oklahoma Abstractors Law and Title 75 Oklahoma Statutes, Section 301 et seq. Should a court having jurisdiction or the Attorney General of Oklahoma find any part of the rules of this Chapter to be inconsistent with the provisions of law as they presently exist or are hereafter amended, they shall be interpreted to comply with the statutes as they presently exist or are hereafter amended and the partial or total invalidity of any section or sections of this Chapter shall not affect the valid sections.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 2 - Informal Complaint Resolution › Section 80:1-2-1 - Informal Complaints

Current through Vol. 41, No. 20, July 1, 2024
(a)
Who may initiate an informal complaint.
Any person having a complaint against an abstractor, which alleges violation or noncompliance with Abstractors law or rules and regulations, may initiate an informal complaint procedure by addressing the complaint to the Registrar at the Auditor's principle office. At any time, the Registrar may also initiate an investigation and/or informal complaint procedure.
(b)
Contents of informal complaint.
The complaint should contain a clear and concise statement of the facts, to include the names, addresses and telephone numbers of persons involved; dates or approximate dates; and sufficient information to reveal the alleged violations of law and the facts on which they are based.
(c)
Informal complaint procedure.
The Registrar shall review the complaint to determine if the alleged acts of the respondent constitute a violation of abstractor's law, rules and regulations, or Auditors orders, and if it is reasonable that the claim can be supported with sufficient evidence. If the complaint fails said review, the Registrar shall respond to the complainant in writing, explaining the reason(s) why the complaint will not be acted upon. If the complaint passes said review, the Registrar may:
(1) order the respondent to provide, within 10 working days, a written response to the allegations;
(2) attempt an informal resolution;
(3) initiate an investigation;
(4) conduct an inspection of the abstract company; and/or
(5) terminate the investigation when it appears there is no violation of law or rules and regulations, or when it clearly appears there is not sufficient evidence to support such a claim.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-1 - Formal Complaint Proceeding

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing and contest of a formal complaint.
A person who believes an abstractor has violated a provision of the Abstractors law, rules and regulations or Auditor's orders, or who wishes to protest the issuance or renewal of a certificate, license or permit, may invoke the jurisdiction of the Auditor by addressing a verified formal complaint to the Registrar at the Auditor's principle office. The complaint should contain a clear and concise statement of the facts, to include the names, addresses and telephone numbers of persons involved; dates or approximate dates; and sufficient information to reveal the alleged violations of law and the facts on which they are based.
(b)
Fees.
Before a formal complaint can be accepted and a hearing held a non-refundable filing fee of $150.00 must be paid to the Auditor.
(c)
Notice.
The Registrar shall mail a copy of a Formal Complaint to the person named as Respondent in the Complaint immediately upon filing of same.
(d)
Review.
The Registrar shall review the complaint to determine if it contains all elements set forth in part (a) above. If the complaint is lacking sufficient information to reveal the alleged violations, the Registrar shall offer to return the filing fee and attempt an informal resolution to the complaint. If the complaint contains sufficient information to proceed with a formal hearing, the Registrar shall schedule the hearing and will have responsibility for overseeing all proceedings involving the complaint and hearing until its conclusion.
Amended at 9 Ok Reg 2701, eff 7-13-92; Amended at 18 Ok Reg 3493, eff 1-1-02
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-2 - Notice of hearing; pleadings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Preparation and mailing.
A Notice of Hearing shall be prepared by the Registrar and mailed by certified mail, return receipt requested, to the Respondent at the mailing address provided by the complainant; it shall be accompanied by a copy of the complaint.
(b)
Contents.
The Notice of Hearing shall contain the following information:
(1) the time, place and nature of the hearing,
(2) a statement of the legal authority and jurisdiction for hearing,
(3) a statement of the matters to be considered, and
(4) a reference to the particular sections of the statutes and/or rules involved.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-3 - Automatic hearing

Current through Vol. 41, No. 20, July 1, 2024
In all cases involving censure, probation, suspension, denial or revocation of a license, certificate or permit, a hearing shall be scheduled by the Registrar.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-4 - Subpoena of witness

Current through Vol. 41, No. 20, July 1, 2024
(a)
Request.
In all cases the Registrar may issue subpoena or subpoena duces tecum where a party desires to compel the attendance of witnesses after a Complaint has been filed. When the party, or his attorney, desires to have witnesses subpoenaed to appear before the Hearing Examiner, a request in writing shall be made by such party or his attorney, giving the name and correct address of any such witness.
(b)
Issuance; responsibility for expenses.
The Registrar shall cause subpoena to be issued and mailed in conformity with written requests described in (a) of this Section; PROVIDED, that in said subpoena the witness named therein shall be advised that he may demand his travelling fees and daily attendance fees from the party, or his representative; that neither the Auditor nor the State of Oklahoma will be, and are not, responsible for any travelling fees, daily attendance fees, or other expenses incurred by such witness in attending any hearing before the Hearing Examiner.
(c)
Time.
Any such written request for witnesses on behalf of the party shall not be honored and issuance of such subpoena shall not be required unless such request for subpoena is presented to the Registrar, by mail or otherwise, at his office in Oklahoma City, Oklahoma, at least ten (10) days prior to the date of the hearing at which the attendance of any such witness, or witnesses would be required.
(d)
Service by private process server.
If any party desires to have service made by a private process server, he shall make such request in writing and state the name of the private process server and the address to which the subpoena should be mailed. The party or his attorney shall be responsible for obtaining such service and for the cost.
(e)
Fees.
Filings will be charged as follows:
(1) subpoena $20.00 each;
(2) service of subpoena $10.00 each by certified mail.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-5 - Conduct of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Open to public.
All hearings shall be open to the public. Witnesses may be excluded when not testifying.
(b)
Burden of proof.
The burden of proof is on the movant in all hearings.
(c)
Hearing Examiner.
(1) Hearing Examiners shall have the authority to conduct hearings subject to the applicable rules, regulations and orders of the Auditor.
(2) The Auditor shall appoint or employ the following individuals as Hearing Examiners within thirty (30) days of the filing of a Complaint:
(A) the Auditor;
(B) a designated member of the Auditor's staff;
(C) an attorney licensed to practice by the Oklahoma Supreme Court; and
(D) a five (5) member board consisting of three (3) members from the abstract industry, one (1) lay person and a Chair who shall be an attorney, licensed to practice law in Oklahoma. All procedural rulings shall be made by the Chair. In order to participate in the deliberations a board member must have been present during a majority of the proceedings. Service on the board will be voluntary, except that per diem, mileage and lodging costs will be paid, in accordance with the Oklahoma statutory provisions for same.
(3) A Hearing Examiner shall not preside at a proceeding in which any party to the proceeding is or has been a client of the Hearing Examiner. Additionally, a Hearing Examiner may not preside in a proceeding where any partnership, firm, corporation or other entity with which the Hearing Examiner is or has been associated is a party.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-6 - Record of hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Form; transcripts.
A record of all hearings conducted by a Hearing Examiner will be made by means of tape recording, shorthand notes or court reporter, whichever the Registrar designates. A party may have a transcript of the proceeding prepared upon written application and deposit made of funds in an amount sufficient to pay for the transcription. Any other person directly affected by the hearing shall be furnished a copy of the stenographic record at his own expense when such transcript is made part of the record.
(b)
Maintenance.
The record of a hearing and a file containing the pleadings will be maintained in the office of the Registrar. When a tape recording of a proceeding is made, it shall be maintained for a period of one year.
(c)
Contents.
A record of an individual proceeding shall include:
(1) all pleadings, motions and intermediate rulings;
(2) evidence received or considered;
(3) a statement of matters officially noticed;
(4) questions and offers of proof, objections and ruling thereon;
(5) proposed findings and exceptions;
(6) any decision, opinion or report by the officer presiding the hearing; and
(7) all memoranda or data submitted to the hearing officer.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-7 - Recommendation; request for review

Current through Vol. 41, No. 20, July 1, 2024
(a)
Recommendation by Hearing Examiner.
The Hearing Examiner shall have no more than thirty (30) days to make a recommendation to the Auditor upon completion of a hearing.
(b)
Mailing.
The recommendation shall be mailed to all parties by the Registrar immediately upon filing.
(c)
Request for review.
Within ten (10) days of the recommendation, a party may make a written request for review of a recommendation within ten (10) days from the date a recommendation is filed.
(d)
Failure to request review; final order.
Failure to timely request review by the Auditor will result in final affirmation of the Hearing Examiner's recommendation by the Auditor. A final order, signed by the Auditor shall be mailed to each party or their attorney of record.
(e)
Review by Auditor.
When the request for review is timely made, the Auditor may review the record, or, in his discretion, may hold a review proceeding. The review by the Auditor shall be confined to the record of the hearing unless otherwise ordered on good cause shown. The Auditor shall determine the time, place and extent of the review. Oral argument may be allowed. The Auditor shall issue his final order within fifteen (15) days of the review proceeding.
(f)
Mailing of final order; appeal.
The Auditor shall issue his final order upon completion of the review. Copies shall be mailed to each party or to their attorney of record. Appeals from the final order may be made as provided by law.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-8 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
A final order shall be in writing. It shall include separate statements of the findings of fact and conclusions of law. 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. A copy of the final order shall be delivered or mailed forthwith to each party or to their attorney of record.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 3 - Individual Proceedings › Section 80:1-3-9 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application.
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) a showing that issues not previously considered ought to be examined in order to properly dispose of the matter.
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 80:1-5-1 - Adoption, amendment or repeal of rules

Current through Vol. 41, No. 20, July 1, 2024
All interested persons may ask the Auditor to promulgate, amend or repeal a rule. Such request shall be in writing and filed with the Registrar. The request shall fully set forth the reasons for its submission; the alleged need or necessity therefore; whether the proposal conflicts with any existing rule; and what statutory provisions, if any, are involved. Such request shall be considered by the Auditor. If he approves the proposed change, notice will be given that such proposal will be formally considered for adoption. If, however, he initially determines that the proposal or request is not a necessary rule, amendment or repeal, the same will be refused and the decision reflected in the records of the Auditor. A copy will be sent to the person who submitted the request.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 1 - Administrative Operations › Subchapter 5 - Rulemaking and Declaratory Rulings › Section 80:1-5-2 - Declaratory rulings

Current through Vol. 41, No. 20, July 1, 2024
Any person who may be directly affected by the existence or application of any of the public rules of the Auditor may request in writing an interpretation or ruling regarding the application of such rule to a particular set of facts. Any such request shall state sufficient facts and the particular rule(s) to which those facts should be applied. The request will be reviewed by the Registrar. The Auditor will make a final determination of the interpretation or ruling. His interpretation of the rule will be furnished in writing within a reasonable time to the person making the request.
Amended at 9 Ok Reg 2701, eff 7-13-92
Oklahoma Administrative Code › Title 80 - State Auditor and Inspector › Chapter 10 - Administration of Abstractors Law › Subchapter 1 - General Provisions › Section 80:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted for the purpose of implementing the Oklahoma Abstractors Law, 74 O.S., Sections 227.10 et seq. These rules have been promulgated in order to establish criteria, fees and procedures for the granting of certificates, permits and licenses.