reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 753 - University Hospitals Trust › Chapter 11 - Acquisitions and Construction › Subchapter 15 - Inventory and Surplus Property › Section 753:11-15-3 - Surplus property

Current through Vol. 41, No. 20, July 1, 2024
(a) The Trust shall maintain a current list of all surplus property held and disposed of. Such list shall include the location where surplus property
(1) is maintained;
(2) purchase price;
(3) when sold and selling price;
(4) if transferred, to which entity; and
(5) if otherwise disposed of, the manner of disposal.
(6) If any surplus property having minimal or no value or property carrying a risk of liability is disposed of, the list shall reflect that the property had minimal or no value or was otherwise disposed of because of such risk. Inclusion of assets on the surplus property list will coincide with removal of those items from the inventory system.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-1 - 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 75 O.S. Section
				250 et
				seq., 75 O.S. Section 302, and 47 O.S. Section 582 (E). This Chapter will
				provide a description of the Commission, a statement of the types of meetings
				of the Commission and the procedures for the meetings, and the methods whereby
				the public may obtain information or make submissions or
				requests.
Amended at 20 Ok Reg 1815,
				eff 6-12-03
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-2 - Description of Commission

Current through Vol. 41, No. 20, July 1, 2024
(a)
Creation.
The Oklahoma Used Motor Vehicle, Dismantler, and
			 Manufactured Housing Commission (hereinafter "Commission") is created by 47
			 O.S. Section 581 et seq. Applicable definitions and the powers and the duties
			 of the Commission are set forth in 47 O.S. Section 581 et seq. and 47 O.S.
			 Section 591.1 et seq.
(b)
Members.
The Commission shall consist of ten (10) members, one
			 from each of the congressional districts of the state, a chair and all other
			 members selected from the state at large.
(c)
Quorum.
Six (6) members of
			 the Commission shall constitute a quorum and may transact any business or hold
			 any hearing by a simple majority vote of the quorum. If a quorum is not
			 present, the Chairman may postpone or cancel the meeting for lack of a
			 quorum.
Amended at 15 Ok Reg 2426,
				eff 6-11-98; Amended at 17 Ok Reg 2718, eff 6-25-00; Amended at 20 Ok Reg 1815,
				eff 6-12-03; Amended at 22 Ok Reg 2265, eff
				6-25-05
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-2.1 - Meetings of the Commission

Current through Vol. 41, No. 20, July 1, 2024
(a)
Monthly meeting.
(1) The
			 Commission shall hold at least one regular meeting each month of each calendar
			 year at its office in Oklahoma City.
(2) The Commission shall meet at its offices
			 in Oklahoma City, Oklahoma, on the second Tuesday in each month to transact
			 such business as may properly come before it. Notice of any change of any
			 monthly meetings schedule will be in accordance with the Oklahoma Open Meeting
			 Act.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-3 - Executive Director

Current through Vol. 41, No. 20, July 1, 2024
The Executive Director shall be in charge of the Commission's
				office and shall conduct and direct the activities thereof in the manner as
				directed by the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-5 - Office hours

Current through Vol. 41, No. 20, July 1, 2024
The Commission office shall be open to the public a minimum of
				eight hours each day, except Saturday and Sunday, and any legal holiday
				established by statute or proclamation of the Governor.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-6 - Official seal

Current through Vol. 41, No. 20, July 1, 2024
(a) The official
			 seal of the Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing
			 Commission shall be as follows: The official Star of the State of Oklahoma
			 bordered by the inscription, "Oklahoma Used Motor Vehicle, Dismantler, and
			 Manufactured Housing Commission."
(b) The Executive Director shall be the
			 custodian of the official seal and shall affix the imprint or the facsimile
			 thereof to all license certificates issued by the Oklahoma Used Motor Vehicle,
			 Dismantler, and Manufactured Housing Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-7 - Communications

Current through Vol. 41, No. 20, July 1, 2024
Every communication in writing to the Commission shall be
				addressed to the Executive Director of the Commission at the principal office
				unless the Commission directs otherwise.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-8 - Public inspection of records

Current through Vol. 41, No. 20, July 1, 2024
(a) All
			 rules and other written statements of policy or interpretations formulated,
			 adopted, or used by the Commission in the discharge of its functions, and all
			 final orders, decisions, and opinions will be made available for public
			 inspection at the Commission's principal office during regular office
			 hours.
(b) Financial Statements
			 submitted to the Commission as part of an application for a license shall not
			 be deemed public records. Social Security numbers and Driver's License numbers
			 shall not be public records.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 1 - Organization and Method of Operations › Section 765:1-1-9 - Copies of records

Current through Vol. 41, No. 20, July 1, 2024
(a) Copies of
			 official records of the Commission may be made, and may be certified by the
			 Executive Director and his/her designee. A fee for such copies and
			 certification may be charged as provided in a fee schedule enacted by the
			 Commission. The fee for each of the following items shall be as follows:
(1) $.25 mechanical copy
(2) $1.00 certified mechanical copy
(3) $5.00 list of Wholesale Used Motor
			 Vehicle Dealers
(4) $10.00 list of
			 Automotive Dismantlers or Rebuilders
(5) $10.00 list of Crushers
(6) $10.00 list of Manufactured Home Dealers
			 or Salespersons
(7) $25.00 list of
			 Used Motor Vehicle Dealers
(8)
			 $35.00 list of Used Motor Vehicle Salesmen
(9) $50.00 label list of any kind
(10) $10.00 hourly research fee
(11) Actual cost of transcription of hearings
			 as submitted by transcriber.
(12)
			 $100.00 Deposit to begin transcription of an individual proceeding.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 1 - Informal Procedures - Consumer Complaints › Section 765:2-1-1 - 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 75 O.S. Section
				  250 et
				  seq., specifically 75 O.S. Section
				  302,
				  and 47 O.S. Section 582 (E). This Chapter will provide a description of the
				  nature and requirements of all formal and informal procedures available,
				  including a description of all forms and instructions issued by this Commission
				  for use by the public.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 1 - Informal Procedures - Consumer Complaints › Section 765:2-1-2 - Form

Current through Vol. 41, No. 20, July 1, 2024
All consumer complaints must be made on the complaint form
				  provided by the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 1 - Informal Procedures - Consumer Complaints › Section 765:2-1-3 - Procedure

Current through Vol. 41, No. 20, July 1, 2024
If a complaint cannot be resolved in any other manner, an
				  informal conference may be conducted by the Executive Director or his designee
				  to attempt to resolve the complaint. If the informal conference does not
				  resolve the complaint and the complaint concerns a matter which may give rise
				  to disciplinary proceedings against a dealer, the matter may become the subject
				  of a formal proceeding for disciplinary action.
Amended at 22 Ok Reg
				  2265, eff 6-25-05
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 1 - Informal Procedures - Consumer Complaints › Section 765:2-1-4 - Applicants with Felony conviction(s) [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-1 - Parties to proceeding

Current through Vol. 41, No. 20, July 1, 2024
(a) The Executive
				Director or the Commission's legal counsel shall file a sworn complaint for
				every individual proceeding. The style of the complaint shall be: STATE OF
				OKLAHOMA, ex rel. THE OKLAHOMA USED MOTOR VEHICLE, DISMANTLER, AND MANUFACTURED
				HOUSING COMMISSION vs. PARTY'S NAME.
(b) A Respondent in an individual proceeding
				shall be the legal entity holding a license. A person that is a stockholder,
				member of a limited liability company, or stockholder in the legal entity
				conducting business, may also be named as a party Respondent. Any sanction
				which may be imposed against a licensee may be imposed against the individual
				Respondent where the acts giving rise to the imposition of the sanction were
				committed by or are legally attributable to the individual
				Respondent.
Amended at 20 Ok Reg
				  1817, eff 6-12-03
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-2 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				statement.
All parties shall be given reasonable notice of hearing in
				every individual proceeding.
(b)
Content of notice.
The notice shall include:
(1) a statement of the time, place and nature
				of the hearing,
(2) a statement of
				the legal authority and jurisdiction under which the hearing is to be
				held,
(3) a reference to the
				particular sections of the statute and rules involved, and
(4) a short and plain statement of the
				matters asserted. If the agency or other party is unable to state the matters
				in detail at the time the notice is served, the initial notice may be limited
				to a statement of the issues involved. Thereafter upon application a more
				definite and detailed statement shall be furnished.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-3 - Persons to be notified

Current through Vol. 41, No. 20, July 1, 2024
(a) Every party to
				an individual proceeding shall be entitled to notice of the
				proceeding.
(b) If the applicant or
				licensee is a salesman, the Commission shall notify the person, firm,
				association, corporation or trust with whom the salesman is or will be
				associated.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-4 - Method of service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
All notices or other papers requiring service in an
				individual proceeding shall be served in one of the following manners:
(1) personally, by a person appointed by the
				Commission for such purpose, in any manner authorized by the law of this state
				for the personal service of summons in proceedings in a state court,
				or
(2) by certified mail mailed by
				the Executive Director or his/her designee, addressed to the noticee at such
				post office address as he/she may have filed with the Commission, or if no such
				address is in file, at the noticee's last known post office address,
				or
(3) if no known post office
				address can be discovered, and after exercise of due diligence, by publication
				in such newspapers and for such time, or by posting in such places for such
				time, as the Executive Director may determine and direct as most likely to give
				the noticee timely notice.
(4)
				personally, by any employee of the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-5 - Time for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Setting
				hearing.
The time set for a hearing, specified in the notice, shall not
				be less than ten (10) days after the date the notice is completed.
(b)
Continuances.
Written
				motions for any continuances or extensions of time shall state the time desired
				and the reasons for the request. The Commission hereby authorizes the Executive
				Director to rule on said motions. Said application shall be served upon the
				Executive Director. If the extension is denied, the party may renew the request
				and make proper showing for continuance at the hearing.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-5.1 - Pre-hearing Conference

Current through Vol. 41, No. 20, July 1, 2024
As part of the individual proceeding, a pre-hearing
				  conference may be conducted at the initiative of the Movant, to be conducted by
				  the Executive Director or his designee, or in appropriate circumstances by
				  legal counsel for the Commission, for the purpose of identifying the issues and
				  evidence to be considered or introduced at the hearing. Said pre-hearing
				  conference may be used for negotiation of a proposed Consent Order or other
				  disposition of the proceeding.
Added at 23 Ok Reg 2881,
				  eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-6 - Hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Presiding
				officer.
The hearing shall be conducted by the Chairman of the
				Commission or his designate.
(b)
Order of procedure.
Each individual proceeding shall proceed as
				follows:
(1) Any party shall at all times
				have the right to counsel. Counsel must be licensed to practice law by the
				Oklahoma Supreme Court.
(2) All
				parties shall be afforded the opportunity to present witnesses, evidence, and
				argument on all issues involved.
(3) A party may cross-examine
				witnesses.
(4) The Commission or
				hearing officer may ask questions of all parties.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-7 - Hearing officer

Current through Vol. 41, No. 20, July 1, 2024
(a)
Selection.
A hearing may be conducted by a hearing officer
				designated by the Chairman.
(b)
Hearing.
The hearing officer shall swear witnesses, hear
				testimony, admit evidence, and make rulings on objections and motions, and
				prepare proposed Findings of Fact and Conclusions of Law and submit the
				Findings and Conclusions to the Commission.
(c)
Ruling.
When a hearing
				officer is used and a majority of the Commissioners have not heard the case or
				read the record, any decision adverse to any party other than the Commission
				shall be postponed until a copy of the proposed Order is served upon all
				parties and each is given an opportunity to reply, either orally or in writing.
				The proposed order shall be prepared by the person(s) who conducted the
				hearing. A statement of the reasons for the order and each issue of fact or law
				necessary to the order shall accompany the proposed order. This requirement may
				be waived by the written stipulation of all parties.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-8 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
Any defendant or accused who fails to appear as directed,
				  after having received proper notice, may be determined to have waived his/her
				  right to present a defense to the charges alleged in the complaint and a
				  denial, suspension, or revocation of a license, or other disciplinary action
				  may be ordered by the Commission if it appears, after having reviewed the
				  evidence, that the violation alleged did in fact occur.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-9 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Witnesses.
Subpoenas for the
				attendance of witnesses, and/or for the furnishing of information required by
				the Commission, and/or for the production of evidence or records of any kind
				shall be issued by the Executive Director of the Commission. Subpoenas shall be
				served and a return made in any manner prescribed by general civil
				law.
(b)
Sanctions.
Upon the failure of any person to obey a subpoena, upon the refusal of any
				witness to be sworn or make an affirmation, or to answer a lawful question put
				to him/her in the course of the hearing, the Executive Director may institute
				appropriate judicial proceedings under the laws of the state for an order to
				compel compliance with the subpoena or the giving of testimony, as the case may
				be. The hearing shall proceed, so far as it is possible, but the hearing
				officer or the Commission, in its discretion, at any time may continue the
				proceedings for such time as may be necessary to secure a final ruling in the
				compliance proceeding.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-10 - Depositions

Current through Vol. 41, No. 20, July 1, 2024
The Commission, or any party to a proceeding before it, may
				  take the deposition of witnesses, within or without the state, in the same
				  manner as provided by law for the taking of depositions in civil actions in
				  courts of record. The admissibility of a deposition and objections to all or
				  part of a deposition shall be determined by the Commission in accordance with
				  the standards for such evidence as provided in the Administrative Procedures
				  Act.
Amended at 20 Ok Reg
				  1817, eff 6-12-03
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-11 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contents
				of record.
The record in every individual proceeding shall include the
				following:
(1) all pleadings, motions, and
				intermediate rulings,
(2) evidence
				received and considered,
(3) a
				statement of matters officially noticed,
(4) questions and offers of proof, objections and rulings
				thereon,
(5) proposed findings and
				exceptions,
(6) any decision,
				opinion, or report by the person(s) presiding at the hearing, and
(7) all staff memoranda or data submitted to
				the hearing officer or the Commission in connection with their consideration of
				the case.
(8) the recording of the
				individual proceeding made by the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-12 - Rehearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Petition.
A petition for
				rehearing is not required before an appeal may be perfected in accordance with
				47 O.S. Section
				585.
				A petition for rehearing, reopening, or reconsideration of a final order may be
				filed with the Executive Director within ten (10) days from the entry of the
				order. It must be signed by the party or his/her attorney or representative and
				must set forth with particularity the statutory grounds upon which it is based.
				However, a petition for rehearing based upon fraud by any party or procurement
				of the order by perjured testimony or fictitious evidence may be filed at any
				time.
(b)
Disposition.
An order of the Commission granting a rehearing shall set forth the grounds
				which justify such action. The hearing shall be confined to the grounds upon
				which the rehearing was ordered.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-13 - Appeal

Current through Vol. 41, No. 20, July 1, 2024
The licensee may appeal the decision of the Commission
				  within thirty (30) days from the date thereof. Such appeal shall be done in the
				  manner provided in 47 O.S. Section 581 et seq., and the Administrative
				  Procedures Act.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 3 - Formal Procedures › Section 765:2-3-14 - Summary proceedings

Current through Vol. 41, No. 20, July 1, 2024
Any matter which could be the subject of a Formal Proceeding
				  may be disposed of by a summary proceeding when agreed to by all parties. Such
				  summary proceeding may include, but not limited to, Consent Agreement, or
				  Consent Orders, signed by all affected parties.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-1 - Agreement required

Current through Vol. 41, No. 20, July 1, 2024
Any party submitting a matter in controversy to this
				  Commission pursuant to the provisions of 47 O.S. 1997 Supp. Section
				  582(E)(2)(f) shall execute an agreement consenting to binding arbitration by
				  this Commission. Said agreement shall be on a form promulgated by the
				  Commission, which form shall state the procedure to be followed in the
				  arbitration proceeding, the rights of the parties in said proceeding, the
				  method of assessing costs to each party, and the costs which may be
				  assessed.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-2 - Parties to proceeding

Current through Vol. 41, No. 20, July 1, 2024
The party seeking affirmative relief against another party
				  shall be the Complainant. The party against whom relief is sought shall be the
				  Respondent.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-3 - Pleadings

Current through Vol. 41, No. 20, July 1, 2024
The Complainant shall file a sworn statement of facts and the
				  relief sought which shall be entitled "Complaint". The Respondent shall, within
				  twenty (20) days thereafter, answer said complaint by a sworn statement which
				  shall be entitled "Response". The Response shall also contain Respondent's
				  request for relief sought, if any. No other pleadings shall be
				  required.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-4 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
All parties shall be given reasonable notice of hearing on
				  every proceeding. The notice shall include a statement of the time and place of
				  the hearing. Said hearing shall, if practicable, be held at a time and place
				  agreed to by the parties.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-5 - Persons to be notified

Current through Vol. 41, No. 20, July 1, 2024
Each party to an arbitration proceeding shall be entitled to
				  notice of any proceeding and the time and date of any hearing in said
				  proceeding. Any party represented by an attorney shall be deemed to be notified
				  by notice to the party's attorney.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-6 - Method of service

Current through Vol. 41, No. 20, July 1, 2024
(a)
Service.
Notices to each party shall be served in one of the
				following manners:
(1) personally, by a person
				appointed by the Commission for such purpose, or
(2) by certified mail, return receipt
				requested, to the party's address as stated to the Commission, or in case a
				party is represented by an attorney, to the party's attorney at the address
				provided to the Commission by said attorney.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-7 - Time for hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Setting
				hearing.
The time set for a hearing, specified in the notice, shall not
				be less than ten (10) days after the date the notice is completed.
(b)
Continuances.
Written
				motions for any continuances or extensions of time shall state the time desired
				and the reasons for the request. The Executive Director or his designate may
				rule on said motions, or in the case of proceeding before the Commission en
				banc, the Chairman or his designate may make said ruling. Said application
				shall be served upon the Executive Director. If the request is denied, the
				moving party may renew the request for continuance at the hearing.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-8 - Initial hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Presiding
				officer.
The initial hearing shall be conducted by the Executive
				Director of the Commission or his designate. If the hearing is conducted by a
				designate, the person so designated shall be licensed to practice law in the
				State of Oklahoma.
(b)
Order
				of procedure.
Each individual proceeding shall proceed as follows:
(1) Any party shall at all times have the
				right to counsel. Counsel must be licensed to practice law by the Oklahoma
				Supreme Court.
(2) All parties
				shall be afforded the opportunity to present witnesses, evidence, and argument
				on all issues involved. The presiding officer shall swear witnesses and admit
				evidence.
(3) A party or counsel
				may cross-examine witnesses.
(4)
				The presiding officer or any Commissioner may ask questions of all
				parties.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-9 - Failure to appear

Current through Vol. 41, No. 20, July 1, 2024
Any party who fails to appear as directed, after having
				  received proper notice, may be determined to have waived his/her right to
				  present his/her position in the controversy and the Commission may take such
				  action as it deems appropriate under the circumstances, including dismissal of
				  the Complaint and/or assessment of costs.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-10 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Witnesses.
Subpoenas for the
				attendance of witnesses, and/or for the furnishing of information required by
				the Commission, and/or for the production of evidence or records of any kind
				shall be issued by the Executive Director or his designate. Subpoenas shall be
				served and a return made in any manner prescribed by general civil
				law.
(b)
Sanctions.
Upon the failure of any person to obey a subpoena, upon the refusal of any
				witness to be sworn or make an affirmation, or to answer a lawful question put
				to him/her in the course of the hearing, the Executive Director may institute
				appropriate judicial proceedings under the laws of the state for an order to
				compel compliance with the subpoena or the giving of testimony, as the case may
				be. The hearing shall proceed, so far as it is possible, but the presiding
				officer or the Commission, in its discretion, at any time may continue the
				proceedings for such time as may be necessary to secure a final ruling in the
				compliance proceeding.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-11 - Depositions

Current through Vol. 41, No. 20, July 1, 2024
A party to a proceeding may take the deposition of witnesses,
				  within or without the state, in the same manner as provided by law for the
				  taking of depositions in civil actions in courts of record. The admissibility
				  of a deposition and objections to all or part of a deposition shall be
				  determined by the presiding officer in accordance with rules of evidence
				  provided in the Administrative Procedures Act.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-12 - Record of hearing

Current through Vol. 41, No. 20, July 1, 2024
(a)
Contents
				of record.
The record in every proceeding shall include the following:
(1) all pleadings, motions, and intermediate
				rulings,
(2) evidence received and
				considered,
(3) a statement of
				matters officially noticed,
(4)
				questions and offers of proof, objections and rulings thereon,
(5) proposed findings and exceptions,
				and
(6) any report by the presiding
				officer ,
(7) the recording of the
				hearing made by the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-13 - Commissioners to act as arbitrators

Current through Vol. 41, No. 20, July 1, 2024
The Commissioners en banc shall act as arbitrators of the
				  controversy. A quorum of the Commissioners may act and decide the controversy
				  if any Commissioners are absent. A decision by a majority of the quorum shall
				  be deemed the decision of the Commission en banc. The Commission shall be
				  entitled to deliberate upon its decision in Executive Session, following
				  appropriate motion and vote. For purposes of deliberation in Executive Session,
				  said proceeding shall be deemed an individual proceeding for which Executive
				  Sessions are authorized.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-14 - Decision by the Commission

Current through Vol. 41, No. 20, July 1, 2024
The Commission en banc shall review the summary, Findings of
				  Fact and Conclusions of Law prepared by the presiding officer and any summaries
				  or proposed Findings of Fact and Conclusions of Law by any of the parties.
				  Before reaching a decision, the Commission en banc may request additional
				  information from any of the parties or the presiding officer. The Commission
				  may also suggest continued negotiations by the parties to resolve the
				  controversy, or remedies it deems appropriate for the parties to consider as an
				  agreed settlement in lieu of a decision by the Commission. The Commission may
				  vote to accept any negotiated settlement or agreement between the parties made
				  at the initial hearing. In the event the parties cannot agree to a negotiated
				  settlement, the Commission shall decide the matter as it deems fair and just
				  and make an award consistent with its judgment.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-15 - Awards

Current through Vol. 41, No. 20, July 1, 2024
The Commissioners acting as arbitrators shall determine the
				  award due in their judgment. The award shall be in writing and signed by the
				  Commissioners making the award. The award shall be made within thirty (30) days
				  of the arbitration hearing. Notice of the award shall be delivered to the
				  parties either personally or by certified mail, return receipt
				  requested.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 2 - Informal and Formal Procedures › Subchapter 5 - Arbitration › Section 765:2-5-16 - Costs

Current through Vol. 41, No. 20, July 1, 2024
The cost of the arbitration shall be borne by the parties.
				  The costs shall be the actual cost to the Commission of the initial hearing
				  designate and the administrative cost to the Commission incurred in conducting
				  the arbitration. The cost shall be divided among the parties as set forth in
				  their arbitration agreement.
Added at 15 Ok Reg 2427,
				  eff 6-11-98
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-1 - 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 75 O.S. Section
				250 et
				seq., specifically 75 O.S. Section
				305,
				and 47 O.S. Section 582 (E). This Chapter will provide the form for petitions
				by interested persons for the promulgation, amendment or repeal of rules and
				for the filing of prompt disposition of petitions for declaratory rulings as to
				the applicability of any rule of the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-2 - By Commission

Current through Vol. 41, No. 20, July 1, 2024
The Commission may promulgate, amend, and repeal rules,
				including emergency rules, in accordance with the Administrative Procedures
				Act.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-3 - By interested parties

Current through Vol. 41, No. 20, July 1, 2024
An interested person may petition the Commission requesting the
				promulgation, amendment, or repeal of a rule. The petition shall be filed with
				the Executive Director of the Commission and shall set forth in writing,
				clearly and concisely, all matters pertaining to the requested action, the
				reasons for the request, and the name of those persons known to petitioner who
				are concerned with the subject matter of the petition and should be notified of
				the filing of the petition. The Commission shall act upon the petition within a
				reasonable time. No action will be taken on such petitions until the notice
				requirements established by these rules and regulations and the Oklahoma
				Administrative Procedures Act have been satisfied.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-4 - Notice

Current through Vol. 41, No. 20, July 1, 2024
Prior to the adoption, amendment or repeal of any rule, the
				Commission shall give notice, in accordance with the requirements of the
				Administrative Procedures Act. This notice shall include a statement of either
				the terms or substance of the intended action or a description of the subjects
				and issues involved. The time, place and manner in which interested persons may
				present their views on the intended action shall be specified in the notice.
				This notice shall be published in the OKLAHOMA REGISTER, or its successor
				publication, and shall be mailed to all persons who have made a timely request
				of the Commission to receive advance notice of its rule-making
				proceedings.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-5 - Public hearing

Current through Vol. 41, No. 20, July 1, 2024
(a) Should proposed
			 action on a rule possibly affect substantive rights, the opportunity for an
			 oral hearing will be granted if requested in writing by at least twenty-five 25
			 persons, by a governmental subdivision, agency, or by an association having not
			 less than twenty-five 25 members. If no substantive rights are involved, the
			 opportunity for oral arguments or views is in the discretion of the Commission.
			 The Commission shall decide whether any substantive rights may be
			 involved.
(b) The Commission shall
			 afford all interested persons reasonable opportunity to submit data, views, or
			 arguments, orally or in writing, to it concerning proposed action on a
			 rule.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-6 - Emergency rules

Current through Vol. 41, No. 20, July 1, 2024
The Commission may adopt an emergency rule if it determines
				that there is an imminent peril to the public health, safety, or welfare or for
				any reason authorized by Oklahoma law for the promulgation and adoption of
				emergency rules. Action on such a rule shall be done in accordance with the
				requirements of the Administrative Procedures Act.
Amended at 23 Ok Reg 2883,
				eff 6-25-06
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-7 - Adoption

Current through Vol. 41, No. 20, July 1, 2024
All rules of the Commission shall be filed and shall take
				effect according to the provisions of the Administrative Procedures
				Act.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 3 - Promulgation, Amendment, and Repeal of Rules › Section 765:3-1-8 - Statement of interpretation and construction

Current through Vol. 41, No. 20, July 1, 2024
The rules of the Commission shall be given a fair and impartial
				construction. The rules shall be interpreted according to the purposes of
				simplifying or clarifying procedure, avoiding delays, saving expenses, and
				facilitating the administration of the Commission.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 4 - General Licensing Provisions › Section 765:4-1-1 - 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., 47 O.S. Section
				582(E)
				and 47 O. S. Section 583 B 3.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 4 - General Licensing Provisions › Section 765:4-1-2 - Licensing periods

Current through Vol. 41, No. 20, July 1, 2024
All licenses issued pursuant to the provisions of 47 O. S.
				Section 581 et. seq. and 47 O. S. Section 591.1 et. seq., except licenses for
				crushers, after January 1, 2016, shall be for a two (2) year licensing period,
				which shall begin on January 1st of each even numbered year and shall expire on
				the 31st day of December of the following odd numbered year.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 4 - General Licensing Provisions › Section 765:4-1-3 - Bonds

Current through Vol. 41, No. 20, July 1, 2024
(a) All bonds required for licensing shall
			 expire on the 31st day of December of the odd numbered year after the issuance
			 of the bond, except as provided hereinafter. Upon proof that the cost of the
			 required bond for the entire license period exceeds Two Thousand Dollars
			 ($2,000.00), an applicant or licensee may request that the Commission allow the
			 applicant or licensee to submit a one (1) year bond which expires December 31st
			 of the year of the issuance of the license and a separate bond for the second
			 license year. In the event that the licensee fails to submit a bond for the
			 second license year, the license shall expire and be revoked coterminously with
			 the expiration of the bond.
(b) Any
			 bond required for any license to be issued by this Commission may be submitted
			 by electronic means, provided the electronic bond provides sufficient
			 information to allow the Commission to determine that the bond is a good and
			 valid bond issued by the bonding company providing the bond.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 4 - General Licensing Provisions › Section 765:4-1-4 - Criminal Record Report

Current through Vol. 41, No. 20, July 1, 2024
Every applicant for a license to be issued by the Commission
				shall be required to submit a current report from the Oklahoma State Bureau of
				Investigation (OSBI Report) which indicates whether the applicant has been
				charged or convicted of a felony. The report shall include information showing
				whether any of the charges or convictions were violent or sex offender
				felonies. An applicant who has a felony conviction in another state or in
				federal court within the last twenty (20) years shall submit a copy of the
				Judgement and Sentence for such conviction.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 4 - General Licensing Provisions › Section 765:4-1-6 - Electronic verification

Current through Vol. 41, No. 20, July 1, 2024
Every application which requires a verification or notary
				signature may be performed by electronic verification when the database of the
				Commission is sufficiently developed to accept such
				verification.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 10 - Used Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:10-1-1 - 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. and 47 O.S. Section
				  582(E).
				  This Chapter will provide a description of the qualifications for obtaining a
				  used motor vehicle dealer's license, operation under the license, and the
				  grounds and procedures for denial, suspension, or revocation of a used motor
				  vehicle dealer's license or imposition of a fine.
Amended at 20 Ok Reg
				  1818, eff 6-12-03
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 10 - Used Motor Vehicle Dealers › Subchapter 1 - Licensing Qualifications, Procedures and Fees › Section 765:10-1-2 - Fees

Current through Vol. 41, No. 20, July 1, 2024
The fees required for an initial application, renewal, and
				  additional location for a used motor vehicle dealer's license are recited in 47
				  O.S. Section
				  583.
				  A fee will be returned to the applicant in the event the license applied for is
				  denied.