reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 40 - Transportation, Containers And Changes In Status Or Location › Subchapter 7 - Changes In Status Or Location › Section 45:40-7-4 - Changes in partnerships

Current through Vol. 41, No. 20, July 1, 2024
(a) In
				cases where the licensees operate as a partnership, one member will be
				permitted to withdraw by making a request in writing for permission to do
				so.
(b) A dissolution agreement of
				said partnership, or copy thereof, shall be filed with the Commission. The
				partner leaving the partnership shall assign all of his right, title and
				interest to all alcoholic beverages, the license, and the lease on the property
				to the remaining partner.
(c) The
				original license, and any renewal thereof, shall be forwarded to the Commission
				for modification.
(d) In order to
				convert an individual business operation into a partnership operation, the
				proposed new partner is required to follow the same procedure as the original
				holder of the license, except that only ten percent (10%) of the original fee
				would be required to be deposited with the application; PROVIDED, that this
				shall not apply in cases where the licensee desires to make his or her spouse a
				legal partner of the business, if the relationship of husband and wife existed
				as of the date of the original license.
(e) In order to convert an individual
				business operation into a partnership operation, the requirements are as
				follows:
(1) A request by licensee for
				permission to add partner or partners, identified by name and
				address.
(2) Submission of a copy
				of the partnership agreement affecting the licensed premises.
(3) Submission of application for license by
				new partner or partners; PROVIDED, that, this shall not apply where the
				licensee desires to make his or her spouse a legal partner of the business, if
				the relationship of husband and wife existed as of the date of the original
				license.
(4) The original license,
				and any renewal thereof, shall be forwarded to the Commission for
				modification.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 40 - Transportation, Containers And Changes In Status Or Location › Subchapter 7 - Changes In Status Or Location › Section 45:40-7-5 - Alterations of licensed premises

Current through Vol. 41, No. 20, July 1, 2024
(a) Any licensee who desires to change or
				alter his licensed premises shall write the Director for permission to do
				so.
(b) A plat or draft showing the
				exact change or modifications shall accompany the letter of request.
(c) Temporary permission can then be given in
				writing and the licensee advised to notify the Director as soon as the
				alterations or repairs are completed so that they may be checked by one of our
				inspectors or agents as to sanitation, appearance, and other
				requirements.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-3 - Name of organization to be displayed

Current through Vol. 41, No. 20, July 1, 2024
The name of the licensed organization shall be prominently
				  displayed at the entrance to the premises or room where charity games are
				  conducted.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-4 - Sale or use of nonconforming bingo faces

Current through Vol. 41, No. 20, July 1, 2024
The sale of nonconforming bingo faces to licensed
				  organizations by licensed distributors is prohibited. No licensed organization
				  shall conduct charity games with nonconforming bingo faces.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-5 - Destruction of altered or damaged breakopen ticket cards

Current through Vol. 41, No. 20, July 1, 2024
All marked, defaced, altered, tampered with or damaged
				  breakopen ticket cards shall be destroyed by shredding or
				  burning.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-6 - Co-ownership of charity game equipment

Current through Vol. 41, No. 20, July 1, 2024
Two or more organization licensees may enter into an
				  agreement for the joint ownership of any charity game equipment, except bingo
				  faces, U-Pik-Em bingo games or breakopen ticket cards.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-7 - Rentals and leases of charity game equipment

Current through Vol. 41, No. 20, July 1, 2024
(a) Bingo faces, U-Pik-Em bingo games and
				breakopen ticket cards shall not be leased or rented by a licensed
				organization.
(b) Charity game
				equipment, other than bingo faces, U-Pik-Em bingo games and breakopen ticket
				cards shall be leased or rented to licensed organizations only by a licensed
				distributor or another licensed organization.
(c) A lease or rental agreement for charity
				game equipment which will be shared by two or more licensed organizations shall
				include, as lessees, all organizations that will utilize the equipment to
				conduct charity games.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-8 - Use of vending machines prohibited

Current through Vol. 41, No. 20, July 1, 2024
No vending machine or any mechanized coin-operated machine
				  shall be used to sell breakopen tickets.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-9 - Bingo Equipment

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Equipment used in the conduct of a bingo game shall be free from defect and
				shall be maintained in good repair and proper working condition.
(b) Equipment used in the conduct of a bingo
				game shall be operating in a manner so that each player is given an equal
				opportunity to win.
(c) Designators
				shall be the same in size, shape, weight and balance so that they are equally
				agitated in the selection equipment.
(d) Equipment used in the conduct of a bingo
				game shall be available for inspection by the Commission.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-10 - Equipment transfer notification

Current through Vol. 41, No. 20, July 1, 2024
An organization shall notify the Commission in writing before
				  selling or giving any charity game equipment to another organization or
				  entity.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-11 - Location

Current through Vol. 41, No. 20, July 1, 2024
(a) An organization
				shall be allowed to conduct charity games at only one location.
(b) An organization shall not change the
				location at which it conducts charity games without:
(1) Requesting and receiving the approval of
				the Commission; and,
(2) Complying
				with the publication requirements applicable to an initial license
				application.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 1 - General Provisions › Section 45:50-1-12 - Printer exclusion

Current through Vol. 41, No. 20, July 1, 2024
Printers that print forms, programs or other written
				  materials which are not used directly in the conduct of a charity game shall
				  not be considered a manufacturer or distributor.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 3 - Licenses › Section 45:50-3-1 - Organization license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application for an organization license shall be made on a form prescribed by
				the Commission.
(b) In addition to
				the requirements for application provided in the Act, each application shall be
				accompanied by:
(1) A letter of tax clearance
				from the Tax Commission; and
(2) A
				consent form permitting the Commission to obtain Internal Revenue Service
				verification of current 501(C) tax exempt status.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 3 - Licenses › Section 45:50-3-2 - Distributor license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application for a distributor license shall be made on a form prescribed by the
				Commission.
(b) In addition to the
				requirements for application provided in the Act, each application shall be
				accompanied by a letter of tax clearance from the Tax Commission.
(c) Any licensed distributor that changes any
				of its officers, directors or officials during the term of the license shall,
				within thirty (30) days of the change, report the names and addresses of such
				individuals to the Commission.
(d)
				A distributor license shall expire one year from the date of
				issuance.
(e) Any distributor that
				holds an unexpired bingo license on July 1, 1993, may sell charity game
				equipment in conformity with the Act until the license expires.
(f) The Commission may impose a fine, suspend
				or revoke a distributor's license for any violation of the Act or Rule
				promulgated by the Commission. A distributor which has had a license revoked in
				this or any other jurisdiction shall not be eligible for a new license for a
				period of one (1) year from the date of revocation.
(g) There shall be a fine of Five Dollars
				($5.00) per day for late renewal of a distributor license. A distributor shall
				stop selling charity games equipment during the period the license is expired
				and before it is renewed.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 3 - Licenses › Section 45:50-3-3 - Manufacturer license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Application for a manufacturer license shall be made on a form prescribed by
				the Commission.
(b) In addition to
				the requirements for application provided in the Act, each application shall be
				accompanied by a letter of tax clearance from the Tax Commission.
(c) Any licensed manufacturer that changes
				any of its officers, directors or officials during the term of the license
				shall, within thirty (30) days of the change, report the names and addresses of
				such individuals to the Commission.
(d) A manufacturer license shall expire one
				year from the date of issuance.
(e)
				Any manufacturer that holds an unexpired bingo license on July 1, 1993, may
				sell charity game equipment in conformity with the Act until the license
				expires.
(f) The Commission may
				impose a fine, suspend or revoke a manufacturer's license for any violation of
				the Act or Rule promulgated by the Commission. A manufacturer which has had a
				license revoked in this or any other jurisdiction shall not be eligible for a
				new license for a period of one (1) year from the date of revocation.
(g) There shall be a fine of Five Dollars
				($5.00) per day for late renewal of a manufacturer license. A manufacturer
				shall stop selling charity games equipment during the period the license is
				expired and before it is renewed.
(h) A manufacturer's license shall not be
				issued to a foreign person unless the applicant provides the full name and
				business and home addresses of a resident of this state authorized to accept
				service of process on behalf of the foreign person.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 5 - Exemptions › Section 45:50-5-1 - Organization exemption

Current through Vol. 41, No. 20, July 1, 2024
(a) An
				organization which conducts not more that four (4) charity games sessions per
				year may apply to the Commission for certification as an exempt
				organization.
(b) The application
				for exemption shall be made on a form provided by the Commission.
(c) The application shall state the
				anticipated date, time and location of the four (4) sessions.
(d) An organization may change the date, time
				or location of a charity game session only with the approval of the
				Director.
(e) The certificate of
				exemption issued by the Commission shall be posted in a conspicuous place
				during the conduct of the charity games sessions.
(f) An organization granted an exemption to
				conduct not more than four (4) charity game sessions per year shall not:
(1) Conduct a charity game session at a
				location other than the location provided in the organization's
				application;
(2) Conduct a charity
				game session on a day or time other than one provided in the
				application;
(3) Award prizes in an
				amount greater than the limit specified for organizations in the Act;
(4) Use electronic facsimile of bingo
				faces.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 5 - Exemptions › Section 45:50-5-2 - Health care and retirement facility exemption

Current through Vol. 41, No. 20, July 1, 2024
(a) A hospital, nursing home, residential
				care facility, senior citizens center, retirement center or convalescent
				facility that conducts charity games sessions in which not more than Two
				Hundred Fifty Dollars ($250.00) in prizes are awarded in any one day may apply
				to the Commission for certification as an exempt entity.
(b) The application shall be made on a form
				prescribed by the Commission.
(c)
				The certificate of exemption shall be posted in a conspicuous place during the
				conduct of the charity games sessions.
(d) A health care or retirement facility
				granted an exemption to conduct charity games shall not:
(1) Conduct charity games at a location other
				than the hospital, nursing home, residential care facility, senior citizens
				center, retirement center or convalescent facility;
(2) Award prizes in cash or any other thing
				of value in excess of Two Hundred Fifty Dollars ($250.00) in any one day;
				or
(3) Use electronic facsimile of
				faces.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 5 - Exemptions › Section 45:50-5-3 - Games where no consideration is required to play

Current through Vol. 41, No. 20, July 1, 2024
Bingo games are not subject to the Act if it does not cost
				  anything to play and no admission fee is charged.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 7 - Operations of Charity Games › Section 45:50-7-1 - Conduct of a bingo game or U-Pik-Em bingo game

Current through Vol. 41, No. 20, July 1, 2024
(a) The following requirements and
				restrictions apply to the conduct of bingo games and U-Pik-Em games:
(1) A licensed organization shall post the
				organization license containing the licensee's name, location of the game,
				license number and licensee's business address;
(2) The licensed organization shall post any
				house rules governing the game;
(3)
				With the exception of concealed face games, bingo faces shall be sold prior to
				the start of a game;
(4) Bingo
				faces shall not be reserved for any player(s), except "braille" cards intended
				for use by blind players;
(5) No
				two bingo faces shall be sold for use in the same game if they have the same
				center or card number.
(6) The use
				of electronic facsimiles of bingo faces is prohibited.
(7) Before selecting and calling the first
				number in a game, the bingo caller shall announce or display the pattern or
				arrangement of squares to be covered to win the game.
(8) After selecting each number, the bingo
				caller shall:
(A) Clearly announce the
				number;
(B) Display the ball or
				other device used as a designator in a manner allowing the players to see the
				number; and,
(C) Place the
				designator in a receptacle so as to prevent it from being placed back in the
				selection pool;
(9)
				Squares shall be covered by daubing with indelible ink.
(10) To play the bingo game or U-Pik-Em bingo
				game or have a claim against the prizes offered, players shall be present at
				the location where the game is conducted;
(11) No member or employee shall be a player
				in the same bingo or U-Pik-Em bingo game which he or she is
				conducting.
(12) Members and
				employees who wish to play when they are not conducting a game shall pay to
				play in the same manner and at the same cost as any other player;
(13) No member or employee shall conduct
				charity games while impaired by the consumption of alcohol or drugs.
(14) Winning faces may be given to the
				winning player;
(15) Simultaneous
				or continuous games are prohibited; and,
(16) A face shall be used for only one
				game.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 7 - Operations of Charity Games › Section 45:50-7-2 - Conduct of breakopen ticket games

Current through Vol. 41, No. 20, July 1, 2024
(a) Only breakopen ticket games approved by
				the Commission shall be played.
(b)
				The following restrictions shall apply to breakopen ticket games:
(1) A member or employee shall not purchase
				breakopen tickets at the location of the organization during the time the
				member or employee is selling breakopen ticket cards or redeeming winning
				breakopen ticket cards;
(2) An
				organization shall not change the flare or use a flare that it receives in an
				altered or defaced condition. A breakopen ticket game deal shall not be placed
				out for play when the value of the prizes or the cost of the breakopen tickets
				differs from the flare;
(3) A
				member or employee of an organization shall not purchase tickets or redeem
				prizes on behalf of a player.
(4)
				An organization shall not purchase deals of breakopen tickets that have the
				same manufacturer's form number and serial number. This does not prevent an
				organization from retaining upon its location breakopen tickets remaining from
				a deal removed from play, if the organization:
(A) Has defaced by marking or punching each
				breakopen ticket removed and retained immediately upon removal of the breakopen
				ticket games from play;
(B) Has
				made a written record of the game form and serial number, color trim, and the
				number of breakopen ticket cards remaining in the deal immediately upon
				removing the deal from play; and
(C) The written record is maintained and
				available for inspection;
(5) No organization shall place a deal of
				breakopen tickets in play unless the game form and serial number of the deal of
				breakopen tickets corresponds to the game serial number written on the invoice
				provided the organization. If the game form and serial number does not
				correspond to the number written on the invoice, the organization shall return
				the deal of breakopen tickets to the distributor.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 9 - Accounting, Recordkeeping, Reporting › Section 45:50-9-1 - Organization operations, accounts, and reports

Current through Vol. 41, No. 20, July 1, 2024
(a) An organization shall maintain complete,
				accurate, and legible general accounting journals and ledgers, with detailed
				supporting subsidiary records sufficient to furnish information regarding all
				charity game transactions. The monthly accounting records shall be sufficient
				to adequately reflect gross receipts, prizes, net receipts, expenses, and all
				other charity game related accounting transactions.
(b) Gross receipts shall be determined by the
				amount of cash and checks actually received.
(c) Allowable expenses shall be determined by
				the amount of cash paid out, checks written, and amounts set aside to pay
				winners for breakopen tickets in play.
(d) Copies of distributor's invoices or
				invoices from other sources for bingo, U-Pik-Em, and breakopen ticket games in
				play and in inventory shall be maintained and stored in such a manner as to be
				available for inspection by the Commission.
(e) Each organization shall deposit its
				charity game proceeds in a bank account at a financial institution, located
				within Oklahoma.
(f) A bank
				reconciliation shall be done each month, which lists outstanding checks,
				deposits in transit, and beginning and ending book balances for the
				month.
(g) Each licensed
				organization that files with the United States Department of the Treasury any
				forms that are required for organizations exempt from the payment of income tax
				shall retain a copy of those forms and make them available to the Commission
				upon request.
(h) All Records,
				reports and receipts required by the Act or by rule shall be maintained and
				stored in such a manner as to be available for inspection by the Commission on
				demand.
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 9 - Accounting, Recordkeeping, Reporting › Section 45:50-9-2 - Distributor operations and reporting

Current through Vol. 41, No. 20, July 1, 2024
(a) A distributor who sells, leases, or
				otherwise provides charity game equipment shall record the transaction on a
				sales invoice.
(b) A sales invoice
				shall contain the following information:
(1)
				The license number of the distributor;
(2) The complete business name and address of
				the organization or entity;
(3) The
				license or the exemption permit number of the organization or entity issued by
				the Commission;
(4) The invoice
				number;
(5) The date the equipment
				was shipped;
(6) A full description
				of each item of equipment sold;
(7)
				The serial numbers of the bingo sets, breakopen ticket games and selection
				equipment;
(8) The quantity of
				U-Pik-Em games;
(9) The identity of
				the manufacturer from which the distributor purchased the equipment;
(10) The date of the sale of the equipment;
				and
(11) The name of the person who
				ordered the equipment.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 9 - Accounting, Recordkeeping, Reporting › Section 45:50-9-3 - Manufacturer operations and reporting

Current through Vol. 41, No. 20, July 1, 2024
(a) A manufacturer shall maintain copies of
				sales invoices to licensed distributors in Oklahoma for a minimum of three (3)
				years. Invoices shall include:
(1) Name of
				manufacturer;
(2) License number of
				manufacturer;
(3) Name of
				distributor;
(4) License number of
				distributor;
(5) Invoice
				number;
(6) Full description of
				charity game equipment shipped;
(7)
				Serial number of equipment; and
(8)
				Date equipment shipped.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 11 - Administrative Hearings and Penalties › Section 45:50-11-1 - Procedures for conducting hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director shall have the authority to
				conduct an initial hearing when a hearing before the Commission is required by
				law. The Director may employ such hearing officers and assistants as are
				necessary to conduct the hearings. All hearings shall be conducted in
				accordance with the Administrative Procedures Act, Section
				250 et
				seq., of Title 75, of the Oklahoma Statutes.
(b) A hearing shall be conducted for the
				following reasons:
(1) Receipt of a timely
				protest to an application for license;
(2) Receipt of a petition for revocation from
				the district attorney of the county or the city attorney of the municipality
				wherein a license has been issued;
(3) Denial of a license;
(4) Suspension or revocation of a
				license;
(5) Issuance of a cease
				and desist order; or
(6) Imposition
				of an administrative fine.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 11 - Administrative Hearings and Penalties › Section 45:50-11-2 - Penalty Schedule

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following violations of Title 3A of the Oklahoma Statutes shall be cause for
				mandatory revocation:
(1) 3A -
				406A(1)
(2) 3A - 406A(2)
(3) 3A - 406B
(4) 3A - 406C
(5) 3A - 407A(1)
(6) 3A - 407A(2)
(7) 3A - 407A(3)
(8) 3A - 407B(3)
(9) 3A - 426
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 50 - Charity Games › Subchapter 11 - Administrative Hearings and Penalties › Section 45:50-11-3

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 4713,
				  eff 9-17-93 (emergency); Added at 11 Ok Reg 4415, eff
				  8-11-94
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 60 - Tobacco › Subchapter 1 - General Provisions › Section 45:60-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter provide for the administration and
				  enforcement of the Oklahoma Prevention of Youth Access to Tobacco
				  Act.
Added at 15 Ok Reg 3677,
				  eff 6-23-98 (emergency); Added at 16 Ok Reg 2128, eff
				  6-25-99
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 60 - Tobacco › Subchapter 3 - Notification › Section 45:60-3-1 - Employer notification

Current through Vol. 41, No. 20, July 1, 2024
When an enforcement official issues a citation to an employee
				  of the owner of a store at which tobacco products are sold at retail, for the
				  sale of a tobacco product to a person under eighteen (18) years of age, the
				  enforcement official shall obtain the name and address of the storeowner. If
				  the employee is subsequently determined by the ABLE Commission to have sold a
				  tobacco product to a person under eighteen (18) years of age or is convicted of
				  a violation by a municipality, the ABLE Commission shall notify the storeowner
				  by certified mail. The ABLE Commission shall maintain a record of all employees
				  determined to have sold or convicted of selling tobacco products to a person
				  under eighteen (18) years of age.
Added at 15 Ok Reg 3677,
				  eff 6-23-98 (emergency); Added at 16 Ok Reg 2128, eff
				  6-25-99
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 60 - Tobacco › Subchapter 3 - Notification › Section 45:60-3-2 - Parental notification

Current through Vol. 41, No. 20, July 1, 2024
When an enforcement official issues a citation to a person
				  under eighteen (18) years of age, for purchasing, receiving or possessing a
				  tobacco product, or for presenting or offering to any person, for the purpose
				  of purchasing or receiving a tobacco product, any purported proof of age with
				  is false or fraudulent, the enforcement official shall obtain the name and
				  mailing address of the cited person's parent or guardian. The ABLE Commission
				  shall then notify the person's parent or guardian that a citation has been
				  issued.
Added at 15 Ok Reg 3677,
				  eff 6-23-98 (emergency); Added at 16 Ok Reg 2128, eff
				  6-25-99
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 60 - Tobacco › Subchapter 3 - Notification › Section 45:60-3-3 - Procedures for conducting hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Director shall have the authority to
				conduct an initial hearing when a hearing before the Commission is required by
				law. The Director may employ such hearing officers and assistants as are
				necessary to conduct the hearings. All hearings shall be conducted in
				accordance with the Administrative Procedures Act, Section 250 et seq., of
				Title 75, of the Oklahoma Statutes.
(b) A hearing shall be conducted for the
				following reasons:
(1) Receipt of a timely
				protest to an application for license;
(2) Receipt of a petition for revocation from
				the district attorney of the county or the city attorney of the municipality
				wherein a license has been issued;
(3) Denial of a license;
(4) Suspension or revocation of a
				license;
(5) Issuance of a cease
				and desist order; or
(6) Imposition
				of an administrative fine;
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 1 - Purpose and Membership › Section 50:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Sections 250 et seq. The Board shall administer its powers, conduct its business and adopt rules and regulations in a manner consistent with the laws of the State of Oklahoma.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 1 - Purpose and Membership › Section 50:1-1-2 - Statutory members

Current through Vol. 41, No. 20, July 1, 2024
The State Anatomical Board, hereinafter called the Board, is composed of the following members: The deans or their designee of each accredited medical school and osteopathic medical school within the State of Oklahoma, the persons heading the Department of Anatomy,
or comparable department
, in the medical and osteopathic medical schools or their designee; two (2) persons appointed jointly by the presidents of institutions of higher education within the state which have educational programs other than medical , and which require on a regular basis human Anatomical materials, provided that these programs have been approved by the State Regents for Higher Education; and one at-large member appointed by the Governor to represent the interests of the citizens of this state.
Amended at 17 Ok Reg 2274, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 3 - Meetings › Section 50:1-3-2 - Agenda

Current through Vol. 41, No. 20, July 1, 2024
The executive director of the Board, in conjunction with the Chairperson, shall prepare the agenda for meetings of the Board; any member may introduce items of business at any meeting of the Board.
Amended at 17 Ok Reg 2274, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 3 - Meetings › Section 50:1-3-3 - Conducting meetings

Current through Vol. 41, No. 20, July 1, 2024
All Board meetings shall be held in compliance with the Oklahoma Open Meeting Act. Notice of all meetings will be published according to State law. An affirmative vote by a simple majority of the members in attendance shall be necessary to pass all motions presented before the Board meeting. At all meetings of the Anatomical Board, a simple majority of the membership shall constitute a quorum. Minutes of all meetings shall be kept in accordance with the State law in the office of the executive director and shall be open for inspection.
Amended at 17 Ok Reg 2274, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 5 - Officers › Section 50:1-5-1 - Chairperson

Current through Vol. 41, No. 20, July 1, 2024
The Board shall elect from its membership a chairperson who will serve for a two (2) year term of office, and may be reelected for more than one term. The Chairperson of the Board shall preside at all meetings of said Board. In the absence of the Chairperson, it shall be the duty of the executive director to perform the duties and functions of the Chairperson.
Amended at 17 Ok Reg 2274, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 5 - Officers › Section 50:1-5-2 - Executive Director

Current through Vol. 41, No. 20, July 1, 2024
The Chairperson, subject to approval by members of the Board, shall appoint the executive director. The executive director shall manage the day to day activities of the Board, work closely with the Board to establish and carry out Board Policy, prepare and submit the annual budget, prepare and submit contracts for services, prepare and submit claims for payment, attend meetings as a representative of the Board , and any other appropriate duties as requested by the Board.
Amended at 17 Ok Reg 2274, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 7 - Power and Authority › Section 50:1-7-1 - Duties

Current through Vol. 41, No. 20, July 1, 2024
It shall be the duty of the Board to register all donor programs and non-transplant tissue banks as well as approve programs, institutions, and individuals using anatomical specimen and oversee the collection, preservation, storage, distribution, delivery, recovery from users, cremation and final disposition of all dead human bodies used for health sciences education and research.
Amended at 17 Ok Reg 2274, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 7 - Power and Authority › Section 50:1-7-2 - Establishing rules

Current through Vol. 41, No. 20, July 1, 2024
The Board shall have full power to establish rules and regulations for its governance, and to appoint and remove officers. Records shall be kept, under the Board's direction, of all bodies received and distributed by said Board, and of the institutions to which the bodies may be distributed, the minutes and records shall be open at all times to the inspection of each member of said Board or any county attorney within this State.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 7 - Power and Authority › Section 50:1-7-3 - Exempting institutions

Current through Vol. 41, No. 20, July 1, 2024
The Board may, in its discretion, exempt any county, district, or institution from the provisions of this Title in any calendar year for any length of time.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 7 - Power and Authority › Section 50:1-7-4 - Jurisdiction

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board exercises jurisdiction over bodies willed or donated to the Board or the Board's Agent, medical, dental or chiropractic schools, or other donees authorized by the Oklahoma Uniform Anatomical Gift Act. The Board also exercises jurisdiction over individuals, corporations, associations, institutions, research organizations, or other legal entities authorized by the Oklahoma Uniform Anatomical Gift Act to receive whole bodies or body parts.
(b) The Board lacks jurisdiction over:
(1) parts of human bodies used for transplantation or other direct medical therapy;
(2) skeletal material or other prepared specimens obtained from commercial sources; and
(3) individuals in possession of parts or skeletal material or specimens described in subparagraphs (A) and (B) of this paragraph.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-1 - Setting hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may hold hearings on any matters within its jurisdiction. The Board shall not suspend, revoke, non-renew or otherwise sanction a registered donor program or non-transplant tissue bank until after a hearing before the Board. Such hearings shall be conducted as an individual proceeding in accordance with the provisions of the Oklahoma Administrative Procedures Act and the rules and statutes of the Board.
(b) An individual proceeding shall not be required for the issuance or denial of a new registration.
(c) The Board may dispose of any individual proceeding by stipulation, agreed settlement, consent order or default.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-2 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
Notice of all hearings shall be given by the Board not less than ten days in advance thereof to all parties. All hearings shall be open to the public. The notice of hearing shall contain the following information:
(1) The time and place of hearing;
(2) A statement of the matters to be considered threat;
(3) A statement of the legal authority and jurisdiction under which the hearing is to be held;
(4) A short plain statement of the matters asserted. If such statement of the issues is not sufficient, upon application a more definite and detailed statement will be furnished;
(5) A reference to the particular sections of the statutes and/or Rules involved.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-3 - Witnesses and right to counsel

Current through Vol. 41, No. 20, July 1, 2024
The Board shall have the power to subpoena witnesses and administer oaths, or to subpoena documentary evidence in any cause before it. All subpoenas shall be served in the manner as if issued from district court. Any party to a hearing before the Board shall have the right to have subpoenas issued to any witnesses in its behalf. Any party shall have the right to appear in person and by counsel, provided, however, that such counsel representing the party must be duly licensed to practice law by the Supreme Court of Oklahoma and may be present during the giving of evidence, may have a reasonable opportunity to examine and inspect all documentary evidence, may examine witnesses, and present evidence in his own behalf.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-4 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
The formal rules of pleading and evidence need not be observed. Documentary evidence may be received in the form of copies or experts if the original is not readily available and upon request, a party shall be given an opportunity to compare the copy with the original. Notice may be taken of judicially cognizable facts and of generally recognized technical or scientific facts within the specialized knowledge of the Board. The Board's experience, technical competence and specialized knowledge shall be utilized in the evaluation of evidence.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-5 - Transcript of hearing

Current through Vol. 41, No. 20, July 1, 2024
Upon written request seasonably made by any person affected by the hearing, and at such person's expense, a full stenographic record of the proceedings shall be made by a competent court reporter. When such transcription shall be made a part of the record of the Board, any other person having a direct interest therein shall be furnished with a copy of such stenographic record at his expense. The record in any hearing shall include the following:
(1) All pleadings, motions and intermediate rulings;
(2) All evidence received or considered including a statement of matters officially noted;
(3) Questions or offers of proof, objections and rulings thereon;
(4) Proposed findings and exceptions;
(5) The decision, opinion, report or order of the Board.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-6 - Findings of fact

Current through Vol. 41, No. 20, July 1, 2024
All findings of fact shall be based exclusively on the evidence presented and on matters officially noticed. A final order adverse to a party in an individual proceeding shall be in writing and shall include findings of fact and conclusions of law, separately stated. Findings of fact, if set forth in statutory language, shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. If, upon request, a party submits proposed findings of facts, the order shall include a ruling upon each proposed finding. Parties shall be notified either personally or by mail of any order. Upon request, a copy of the order shall be delivered or mailed forthwith to each party and to his attorney of record.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-7 - Rehearings

Current through Vol. 41, No. 20, July 1, 2024
(a) At the discretion of the Board a rehearing may be granted to any party if a written request is made therefor within ten days after any order is mailed or delivered to the person entitled to receive same. In the request for rehearing the party shall set forth one or more of the following grounds:
(1) Newly discovered or newly available evidence relevant to the issues;
(2) Need for additional evidence adequately to develop the facts essential to proper decision;
(3) Probable error committed by the Board in the proceedings or in its decision such as would be grounds 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 50 - Anatomical Board of the State of Oklahoma › Chapter 1 - Administrative Operations › Subchapter 9 - Hearing Practices and Procedures › Section 50:1-9-8 - Appeals

Current through Vol. 41, No. 20, July 1, 2024
Appeals shall be taken from orders of the Anatomical Board. Any order made pursuant to a hearing shall be made within thirty days after the termination of the hearing or any rehearing thereof. Such time may be extended by stipulation.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 10 - Anatomical Specimens › Subchapter 1 - General Provisions › Section 50:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this chapter have been adopted for the purpose of complying with the provisions of the Administrative Procedures Act, 75 O.S., Section 250 et seq.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 10 - Anatomical Specimens › Subchapter 1 - General Provisions › Section 50:10-1-2 - Application of rules

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter apply to all dead human bodies (anatomical specimens) or parts thereof, received and approved by the Board or the Board's Agent to be used for health science education, research , or surgical studies in the State of Oklahoma. The anatomical specimens shall come under complete jurisdiction of the Board.
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 10 - Anatomical Specimens › Subchapter 1 - General Provisions › Section 50:10-1-3 - Documents for receiving anatomical specimens

Current through Vol. 41, No. 20, July 1, 2024
The following documents, or information enabling the Board or the Board's Agent to obtain documents, shall be provided to the Board or the Board's Agent with each anatomical specimen:
(1) Death certificate
(2) Copy of body donation form (if applicable)
(3) Cremation permits
Amended at 17 Ok Reg 2275, eff 6-26-00
Oklahoma Administrative Code › Title 50 - Anatomical Board of the State of Oklahoma › Chapter 10 - Anatomical Specimens › Subchapter 1 - General Provisions › Section 50:10-1-4 - Documents for issuing anatomical specimens

Current through Vol. 41, No. 20, July 1, 2024
Anatomical specimens distributed to authorized institutions are to be accompanied by a Document of Issuance. This document is to be kept at the institution on file until the specimen is returned to the Board or the Board's Agent.