reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 3 - Operation › Section 765:40-3-1 - Proof of ownership

Current through Vol. 41, No. 20, July 1, 2024
(a)
Documentation required.
Prior to the purchase of a used motor
				vehicle, trailer, or nonmotorized recreational vehicle a crusher shall require
				one of the following documents as proof of ownership from the person selling
				the used motor vehicle, trailer, or nonmotorized recreational vehicle:
(1) a certificate of title in the name of the
				seller that shows no outstanding liens,
(2) a notarized power of attorney from the
				individual on the certificate of title authorizing the seller to dispose of the
				vehicle on behalf of the owner,
(3)
				a bill of sale from the owner as identified by the certificate of title to the
				person presenting the vehicle to be crushed or shredded,
(4) a statement of ownership from the seller
				stating that the vehicle to be crushed was purchased from the lawful owner,
				accompanied by a bill of sale from the lawful owner including a statement that
				there are no outstanding liens on the vehicle, and a statement that the vehicle
				was inoperable or incapable of operation or use on the highway and has no
				resale value except as scrap,
(5)
				paperwork from a licensed wrecker operator showing that the wrecker operator
				has properly foreclosed its lien on the vehicle to be crushed or shredded and
				that the person selling the vehicle is the owner as shown on the return of sale
				in the foreclosure form.
(6) a bill
				of sale from a property owner together with proof of ownership or leasehold
				interest of the land from which the vehicle to be crushed was removed and a
				current printout from the Oklahoma Tax Commission Motor Vehicle Division
				showing that there is no record of the vehicle in its records or that the owner
				of the vehicle according to its records is the property owner.
(7) a document that upon presentation to the
				Oklahoma Tax Commission could be the basis for the issuance of a certificate of
				title in the name of the person presenting the vehicle to be crushed, such as a
				Court Order stating that the person is the owner of the vehicle.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 3 - Operation › Section 765:40-3-2 - Reading of Rules required

Current through Vol. 41, No. 20, July 1, 2024
Prior to the issuance of a license to a crusher, the
				  applicant shall be given a copy of the Rules relating to the operation of a
				  crusher business and the person operating the crusher business shall verify in
				  writing that that person has read the Rules and agrees to conduct the crusher
				  business within the guidelines of the Rules.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:10-5-1 - Grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission may deny an application
				for a license, or revoke or suspend a license after it has been granted for any
				of the reasons listed in 47 O. S. Sections 592.4 and 47 O. S. Section 592.10;
				for willful violation of any statute or regulation relating to the purchase,
				sale or transfer of a used motor vehicle, trailer, or nonmotorized recreational
				vehicle; or, if it is determined that the license is being or has been issued
				for the benefit of a person who would not or could not qualify for the license
				in his or her own right.
(b) The
				Commission may in addition to any other sanction or penalty assessed, or in
				lieu of the assessment of any other sanction or penalty, impose a fine as
				authorized by law.
Oklahoma Administrative Code › Title 765 - Oklahoma Used Motor Vehicle, Dismantler, and Manufactured Housing Commission › Chapter 40 - Crushers › Subchapter 5 - Assessment of Fine or Denial, Suspension, or Revocation of License › Section 765:10-5-2 - Prohibition

Current through Vol. 41, No. 20, July 1, 2024
A person whose license has been denied or revoked or whose
				  license was surrendered in lieu of revocation or under circumstances such that
				  said license could have been revoked, shall not have any financial interest of
				  any kind in a crusher business, nor shall that person participate in any way,
				  including in an advisory position, in the operation of the crusher
				  business.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 770:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to comply with the
				  requirements of the Administrative Procedures Act, 75 O.S., Sections 302, 305
				  and 307; to publish the organization of the OklahomaVeterans Commission, the
				  responsibility and authority by law placed on the Commission; and to clarify,
				  identify and set forth the overall objectives of the veterans program in
				  Oklahoma under existing law.
Amended at 30 Ok Reg 1482, eff
					 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 770:1-1-2 - Request for interpretation of rules

Current through Vol. 41, No. 20, July 1, 2024
Any person who may be affected by the existence of
				  application of any of the rules of the Oklahoma Department of Veterans Affairs
				  may request in writing an interpretation of the ruling regarding the
				  application of such rule to the facts furnished with the inquiry. Any such
				  request shall state fully the facts concerning which the rule may apply, and
				  the particular rule about which the question exists. The request or inquiry
				  will be added to the agenda for the next scheduled Commission meeting and may,
				  if necessary, be continued for further consideration to additional meetings.
				  The Commission's interpretation of the rule will be furnished in writing to the
				  person making the request within a reasonable time thereafter.
Added at 30 Ok Reg 1482, eff
					 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 770:1-1-3 - Compliance with Title 38 of the Code of Federal Regulations

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Department of Veterans Affairs will comply with
				  all regulations of the U.S. Department of Veterans Affairs, under Title 38,
				  Part 51, Per Diem for Nursing Home Care of Veterans in State Homes, including,
				  but not limited to, a statement of resident's rights; admission, transfer and
				  discharge rights; and resident behavior and facility practices. The Executive
				  Director will develop policies and procedures to ensure compliance.
Added at 30 Ok Reg 1482, eff
					 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 3 - Organizational Structure › Section 770:1-3-1 - Program description

Current through Vol. 41, No. 20, July 1, 2024
The present program for Oklahoma veterans is:
(1) To provide medical, nursing and
				domiciliary care (if available) for those veterans when needed. The Centers to
				accomplish this are:
(A) Ardmore
(B) Claremore
(C) Clinton (domiciliary)
(D) Lawton
(E) Norman
(F) Sulphur
(G) Talihina
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 3 - Organizational Structure › Section 770:1-3-2 - Program administration

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Oklahoma Veterans Commission is the successor to the War Veterans
				Commission and theSoldiers Relief Commission and was created by House Bill 247
				of the Twenty-First Session of the Oklahoma Legislature in 1947. The Commission
				consists of nine members appointed by the Governor, with the advice and consent
				of the Senate, from lists of five names submitted by the American Legion, the
				Veterans of Foreign wars, the Disabled American Veterans, the Paralyzed
				Veterans of America, the Military Order of the Purple Heart, and the National
				Guard Association of Oklahoma. One member is selected from each of these groups
				and three members at large will be appointed, one of whom may be a nonveteran
				with a family member residing in a state veteran center.All appointments will
				be made for a three year term.
(b)
				The Oklahoma Veterans Commission is the controlling board for the Oklahoma
				Department of Veterans Affairs, Oklahoma Veterans Centers at Ardmore,
				Claremore, Clinton, Lawton/Ft. Sill, Norman, Sulphur and Talihina and is
				responsible to the Governor for carrying out the laws enacted by the Oklahoma
				Legislature and for administering the veterans program in Oklahoma. The
				Commission has the authority to appoint the necessary personnel to administer
				the program. The Commission acts as the funding agency for the State
				Accrediting Agency.
(c) The
				Oklahoma Veterans Commission has authorized and charged the Director with the
				responsibility of administering the program.
Amended at 28 Ok Reg
				  1872, eff 6-25-11
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 5 - Open Records Act › Section 770:1-5-1 - Program description, compliance standard and basis for exemptions

Current through Vol. 41, No. 20, July 1, 2024
(a) Section
				24A.4
				of Title 51 of the Oklahoma Statutes,
Oklahoma Open Records Act
specifically states that "in addition to other records which are kept or
				maintained, every public body and public official has a specific duty to keep
				and maintain complete records of the receipt and expenditure of any public
				funds reflecting all financial and business transactions relating thereto,
				except that such records may be disposed of as provided by law." [51 O.S.
				§
									24A.4
				]
(b) The Records Disposition
				Schedule for the Oklahoma Department of Veterans Affairs, (a copy of the
				Schedule is on file in the Central Office of the Department) lists and provides
				authority for the disposition of all records of the Department. No record as
				defined by Section
				24A.3(1)
				of Title 51 shall be disposed of in any manner other than that authorized by
				said Schedule.
(c) It is the policy
				of the Oklahoma Veterans Commission as the controlling board for the Oklahoma
				Department of Veterans Affairs that no person shall be denied access to a
				record of the Department and that Title 51, Chapter 1 of the Oklahoma Statutes
				shall be complied with in accordance with the procedures set out in the rules
				of this Chapter.
(d) If any
				provision of this procedure or the application thereof to any person or
				circumstance is held invalid, the invalidity shall not affect other provisions
				or applications of the act which can be given effect without the invalid
				provision or application, and to this end the provisions of this act are
				severable.
(e) All records of the
				Oklahoma Department of Veterans Affairs shall be open to any person for
				inspection, copying, and/or mechanical reproduction during regular business
				hours with the exception of those records identified in this Subchapter.
				Generally, exempt records can be classified as follows:
(1) Records specifically required by law to
				be kept confidential including:
(A) records
				not discoverable under state law such as material prepared in anticipation of
				litigation or trial; or
(B) records
				protected by a state evidentiary privilege such as the attorney-client and the
				identity of informer privileges; or
(C) records of what transpired during
				meetings of a public body lawfully closed to the public such as executive
				sessions authorized under the Oklahoma Open Meeting Act.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 5 - Open Records Act › Section 770:1-5-2 - Exemptions from Act

Current through Vol. 41, No. 20, July 1, 2024
In addition to records specifically excluded under the
				  Oklahoma Open Records Act, the following records are also exempt under federal
				  rules and statutes:
(1) Office copy of
				claims files of veterans or their dependents, maintained for the purpose of
				providing continuity and follow-up information to be used in developing the
				claim and for providing the claimant information at later dates are
				confidential. Statutory exemptions are as follows:
(A) The Privacy Act of 1974 ( PL 93-579
				)
(B) Title 38, United States Code,
				Section 3301 ; 3302
(C) Veterans
				Administration Regulations 500-527 - promulgated under the provisions of Title
				38, United States Code, Section 3301(f)
(D) Letter of Accreditation from the Veterans
				Administration to Service Organizations and to individual service officer
				citing that service officer must observe the limitations imposed by Veterans
				Administration regulations.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 5 - Open Records Act › Section 770:1-5-3 - Photocopy charges

Current through Vol. 41, No. 20, July 1, 2024
(a) 51
				O.S.Supp. 1985, Section 24A.5(3) provides authority for recovery of reasonable,
				direct costs of document copying, and/or mechanical reproduction unless the
				request is solely for commercial purpose or clearly would cause excessive
				disruption of the public body's essential functions; then the public body may
				charge a reasonable fee to recover the direct cost of document
				search.
(b) A charge of ten cents
				($0.10) per copy shall be assessed for the direct cost of document copying
				(books, paper) in addition to any other fees provided for in OAC
				770:1-5-4.
(c) A charge of the actual cost of the
				microfilm, disk, record, sound recording, film recording or video record will
				be assessed in addition to any other fees provided for in OAC
				770:1-5-4.
(d) A charge of the actual cost of the
				computer tape plus $17.50 per minute processing time with a one minute minimum
				will be assessed for computer tape reproduction, in addition to any other fees
				provided for in OAC
				770:1-5-4.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 5 - Open Records Act › Section 770:1-5-4 - Search fees

Current through Vol. 41, No. 20, July 1, 2024
(a) A charge of
				$25.00 per hour shall be made for document search with a minimum of one hour
				charge. Document search fees shall be assessed only as authorized in OAC
				770:1-5-3.
(b) Requests for records requiring less than
				one hour will be responded to in not more than five (5) working days from the
				date of the request.
(c) The
				Department of Veterans Affairs shall post the fee scheduled in the Central
				Office of the Department and with the Oklahoma County Clerk. Additional copies
				of the fee schedule shall be deposited with the County Clerk in each county
				wherein there is located an Oklahoma Veterans Center and with the office of the
				Administrator of said Centers.
(d)
				No search fee shall be charged "when the release of said documents is in the
				public interest, including, but not limited to, release to the news media,
				scholars, authors and taxpayers seeking to determine whether those entrusted
				with the affairs of the government are honestly, faithfully, and competently
				performing their duties as public servants. Said fees shall not be used for the
				purpose of discouraging requests for information or as obstacles to disclosure
				of requested information." [51 O.S.Supp. 1985, Section 24A.5(3)]
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 5 - Open Records Act › Section 770:1-5-5 - Access to records

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Records may be inspected, copied and/or mechanically reproduced during regular
				business hours from 8:00 a.m. to 4:30 p.m. at the following locations:
(1) Central Office, 2311 N. Central Ave.,
				P.O. Box 53067, Oklahoma City, Oklahoma 73152, (405) 521-3684
(2) Oklahoma Veterans Center, Ardmore
				Division, 1015 S. Commerce, P.O. Box 489, Ardmore, Oklahoma 73401, (580)
				223-2266
(3) Oklahoma Veterans
				Center, Claremore Division, 3001 W. Blue Starr Dr., P.O. Box 988, Claremore,
				Oklahoma 74018, (918) 342-5432
(4)
				Oklahoma Veterans Center, Clinton Division, 1701 S. 4th St., P.O. Box 1209,
				Clinton, Oklahoma 73601, (580) 331-2200
(5) Oklahoma Veterans Center, Lawton/Ft. Sill
				Division, 501 SE Flower Mound Rd., P.O. Box 849, Lawton, Oklahoma 73502, (580)
				351-6511
(6) Oklahoma Veterans
				Center, Norman Division, 1776 E. Robinson, P.O. Box 1668, Norman, Oklahoma
				73070, (405) 360-5600
(7) Oklahoma
				Veterans Center, Sulphur Division, 304 E. Fairlane, Sulphur, Oklahoma 73086,
				(580) 622-2144
(8) Oklahoma
				Veterans Center, Talihina Division, 10014 SE 1138th Ave., P.O. Box 1168,
				Talihina, Oklahoma 74571, (918) 567-2251
(9) Muskogee Claims and Benefits Office, 125
				South Main, Room 1B38, Muskogee, Oklahoma 74401, (918) 781-7766
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-1 - Eligibility

Current through Vol. 41, No. 20, July 1, 2024
The Quality Workforce for Oklahoma's Heroes applies to
				  fulltime employees of the Oklahoma Department of Veterans Affairs, as defined
				  below:
(1) Must be a current,
				full-time ODVA employee with at least 12 months continuous employment with the
				agency;
(2) Must have achieved an
				overall rating of "meets" or "exceeds" standards on his or her most recent
				performance evaluation;
(3) Meets
				the standards of the program as defined within this section; and
(4) Have no pending or formal disciplinary
				actions in his or her permanent personnel file within the last year from date
				of application to the program.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-2 - Qualification and application procedures

Current through Vol. 41, No. 20, July 1, 2024
Applicants for the Quality Workforce for Oklahoma's Heroes
				  shall provide the following information to the Oklahoma Department of Veterans
				  Affairs Education Review Team for review and determination of
				  eligibility:
(1) A completed
				application form as prescribed by the Executive Director;
(2) The application must be received prior to
				the start of the course/program;
(3) The employee must have applied for, and
				been accepted into, the program by the institution providing the education or
				training; and
(4) The employee must
				provide documentation from the education institution for the course(s) or
				program in which the employee is enrolled;
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-3 - Benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) Funds of the
				ODVA may be used to pay salaries, tuition expenses, or fees for employees
				enrolled in an education or training program leading to quality care of
				residents and/or to maintain licensure of the Centers.
(b) Employees may be in a work status while
				attending these training and education programs.
(c) An individual employee is limited to
				total education and training benefits of $5,250.00 in any one calendar year.
				The calendar year is determined by the payment date for the benefit.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-4 - Conditions for receipt of benefits

Current through Vol. 41, No. 20, July 1, 2024
(a) The employee receiving benefits under
				this Subchapter shall execute a promissory note to the ODVA (who completes the
				promissory note and tracks it) to repay the amount of tuition and/or fees paid
				by the ODVA to the employee or on behalf of the employee if the employee leaves
				the employment of the ODVA for any reason, except for employees who volunteer
				or are drafted into active military service.
(b) If the employee participated in the
				education and training program during working hours, the cost of any pay paid
				to the employee while attending the course will be included in the total amount
				of the promissory note.
(c) The
				amount of the promissory note shall be reduced at a rate of $13.00 per calendar
				day beginning the first day following graduation or completion from the
				education or training program.
(d)
				Should the employee fail to make satisfactory progress, as defined by the ODVA,
				in the education or training program, or be terminated from the education or
				training program for any reason, the promissory note shall be reduced at a rate
				of $13.00 per calendar day beginning the first day following termination from
				the education or training program.
(e) Should the employee leave employment with
				the ODVA for any reason, except for employees who have volunteered or have been
				drafted into active military service, the obligation to the ODVA becomes due
				and payable immediately.
(f)
				Violation of the terms of the promissory note shall give rise to a cause of
				action and suit may be commenced by the ODVA for and on behalf of the State of
				Oklahoma for restitution of any and all sums plus interest at the statutory
				rate, costs, and reasonable attorney fees.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-5 - Standards

Current through Vol. 41, No. 20, July 1, 2024
The ODVA shall insure the employee:
(1) Makes satisfactory scholastic progress
				toward the program of education or training until completion of all program
				requirements;
(2) Maintains a grade
				point average required for satisfactory academic progress in the program of
				education or training, as defined by the institution providing the education or
				training; and
(3) Meets ODVA
				attendance time and attendance rules if the employee attends the training class
				during working hours.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-6 - Eligible Institutions

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				ODVA will contract for enrollment in an education and training program only at
				public schools and institutions accredited by a national accrediting agency
				recognized by the U.S. Department of Education, or programs offered by
				licensing or certification entity's.
(b) The ODVA will contract with eligible
				institutions for education and training programs only for employees that have
				submitted applications as defined in this Subchapter and have been approved by
				the Executive Director.
(c) The
				ODVA will pay licensure and certification fees only for those employees whose
				positions with the ODVA require such a license or certification, or as the
				education or training program requires.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 1 - Administrative Operations › Subchapter 7 - Quality Workforce for Oklahoma's Heroes › Section 770:1-7-7 - Other

Current through Vol. 41, No. 20, July 1, 2024
The total amount available under this Subchapter shall not
				  exceed funds set aside for this purpose in the administrative budget of the
				  ODVA, as approved by the Executive Director and the Commission each
				  year.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 1 - General Provisions › Section 770:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the rules of this Chapter is to set forth the
				  eligibility requirements, admission priorities and procedures, and care and
				  maintenance charges, and to implement a policy concerning patients personal
				  accounts, specifically to determine a maximum amount to be held for the patient
				  in said account, and to conform to and comply with applicable state statutes
				  concerning the release or disbursement of a deceased patient's assets at all
				  Oklahoma Veterans Centers.
Amended at 28 Ok Reg
				  681, eff 5-12-11
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 1 - General Provisions › Section 770:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in the Chapter shall
				  have the following meaning unless the context clearly indicates
				  otherwise:
"Care and treatment team"
means a
				  multidisciplinary group of clinical personnel that have direct involvement in
				  the patient care and planning program, consisting of, but not necessarily
				  limited to the following: Medical Director, Attending Physician, Registered
				  Nurse Supervisor, Charge Nurse from the Ward, and Social Service Worker.
"Long-term care"
means patients, who upon
				  completing an acute treatment program, have not responded sufficiently as to
				  where release from hospitalization could be realistically planned within a
				  reasonable period of time (6 months). Continued hospitalization is then
				  prescribed for an undetermined duration and extended until such time recovery
				  occurs.
Amended at 28 Ok Reg
				  681, eff 5-12-11
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 1 - General Provisions › Section 770:10-1-3 - Eligibility requirements

Current through Vol. 41, No. 20, July 1, 2024
To be eligible for admission to an Oklahoma Veterans Center,
				  an individual must be certified by the United States Department of Veterans
				  Affairs for receipt of per diem payment.
(1) Veterans must have served at least ninety
				(90) days on active duty, except where discharged due to or as a result of a
				service connected disability .
(2)
				A veteran must be disabled by age, disease or other reason to be eligible for
				admission , to a degree that requires intermediate or skilled type nursing
				care.
Amended at 28 Ok Reg 681, eff 5-12-11 ; Amended at 30 Ok
					 Reg 1484, eff 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 1 - General Provisions › Section 770:10-1-5 - Special rules for neuropsychiatric care patients [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 28 Ok Reg
				  681, eff 5-12-11
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 1 - General Provisions › Section 770:10-1-6 - Special requirements for admission of neuropsychiatric care patients [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 28 Ok Reg
				  681, eff 5-12-11
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 1 - General Provisions › Section 770:10-1-7 - Special requirements for discharge of neuropsychiatric care patients [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Revoked at 28 Ok Reg
				  681, eff 5-12-11
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 3 - Maintenance Charges, Patient Funds and Assets › Section 770:10-3-2 - Patient funds

Current through Vol. 41, No. 20, July 1, 2024
(a) It shall be
				the policy of the Oklahoma Veterans Centers to maintain special accounts
				(patients personal funds) for the patients. Said accounts will be maintained
				solely for the convenience of the patient. The Oklahoma Veterans Centers should
				not be construed as serving in a fiduciary capacity over these
				accounts.
(b) No patient shall be
				required to maintain a patients funds account; however, if the patient wishes
				to use this service, he/she will be allowed to keep an amount not to exceed
				$2,500.00 in their account.
(c) In
				the event the dollar amount exceeds the maximum allowable in the account, the
				following action will be taken:
(1) Competent
				patients: The patient will be contacted by the finance office advising them of
				the excess and instructing that they transfer the excess within two (2)
				weeks.
(2) Incompetent patients
				with guardians or payees: The guardian/payee will be notified by letter
				advising them of the excess and instructing them to make arrangements for
				transfer of the excess funds within one (1) month.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 3 - Maintenance Charges, Patient Funds and Assets › Section 770:10-3-3 - Disbursement of deceased patients' assets

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oklahoma Veterans Centers,
				subdivision of the Oklahoma Department of Veterans Affairs, shall release
				deceased patients' personal effects and funds only after proper legal
				instruments have been presented to the Oklahoma Veterans Center
				concerned.
(b) Upon presentation of
				said legal instruments, an accounting of the deceased patients' funds will be
				made to the executor, administrator or personal representative. If the deceased
				patient owes any monies to the Oklahoma Veterans Center, a billing will be
				presented to the executor, administrator or personal representative and copies
				to the court having jurisdiction.
(c) Nothing in this policy shall preclude an
				Oklahoma Veterans Center from providing clothing necessary for burial of a
				veteran to the person or persons responsible for finalizing burial
				arrangements.
(d) During the
				admission process, this procedure will be fully explained to the patient, their
				spouse and/or persons named as the patients' designee.
Amended at 30 Ok Reg 1485, eff
					 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
It is the intent of the Oklahoma Department of Veterans
				  Affairs to be in compliance with the requirements of the Oklahoma Nursing Home
				  Care Act, Title 63 O.S. §§ 1-1900 et seq., the regulations of the
				  Oklahoma State Department of Health implementing this Act as they apply to
				  State Veterans Centers under the jurisdiction of the Oklahoma Department of
				  Veterans Affairs, and with any requirements of
				  38 C.F.R. §
										51.80.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-2 - Residents' rights and responsibilities

Current through Vol. 41, No. 20, July 1, 2024
Each resident or resident's representative shall receive a
				  copy of the resident statutory rights at the time of admission. A copy of the
				  resident rights shall be posted in an easily accessible, conspicuous place in
				  the facility. The facility shall ensure that its staff is familiar with, and
				  observes, the resident rights.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-3 - Involuntary transfer or discharge of resident - grounds

Current through Vol. 41, No. 20, July 1, 2024
(a) Pursuant to
				38 C.F.R.
				§51.80, a resident may be transferred or
				discharged from a Center for the following reasons:
(1) The transfer or discharge is necessary
				for the resident's welfare and the resident's needs cannot be met in the
				Center, as documented by the attending physician, in consultation with the
				medical director if the medical director and attending physician are not the
				same person.
(2) The transfer or
				discharge is appropriate because the resident's health has improved
				sufficiently so the resident no longer needs the services provided by the
				Center, as documented by the attending physician, in consultation with the
				medical director if the medical director and attending physician are not the
				same person.
(3) The health and/or
				safety of the resident or the safety of other residents is endangered, as
				documented by the clinical record. The Center shall show through medical
				records that:
(A) the resident has had a
				comprehensive assessment by an interdisciplinary team and alternative measures
				have been attempted unsuccessfully; or
(B) the resident is a danger to himself,
				herself or other resident as documented by the medical record and the Center is
				not capable of managing that resident.
(4) The non-payment of charges for the
				resident's care, as documented by the Center's business records for services
				for more than thirty (30) days.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-5 - Room relocation

Current through Vol. 41, No. 20, July 1, 2024
If a facility wants to relocate a resident from one room to
				  another, the facility shall give the resident at least forty-eight (48) hours
				  written notice. The notice shall include any costs for transferring the
				  resident's telephone or other utilities, if applicable. If the resident or a
				  family member or legal representative of the resident, or an advocate for the
				  resident if no legal representative exists, agrees in writing to the
				  relocation, the relocation may take place in less than 48 hours. No hearing is
				  required if the resident requests or agrees to relocation from one room to
				  another.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-6 - Complaints

Current through Vol. 41, No. 20, July 1, 2024
Each Center shall make available to each resident or a family
				  member or legal representative of the resident, or an advocate for the resident
				  if no legal representative exists, a copy of the Center's complaint procedure.
				  The Center shall ensure that all employees comply with the complaint procedure.
				  The complaint procedure shall include at least the following requirements and
				  shall be posted in a conspicuous place outside the administrator's
				  office:
(1) The names, addresses, and
				telephone numbers of facility staff persons designated to receive complaints
				for the facility, along with the name, address, and telephone number for the
				central office of the Oklahoma Department of Veterans Affairs, the Oklahoma
				State Department of Health, and the Oklahoma long-term care
				ombudsman.
(2) Notice that a good
				faith complaint made against the Center shall not result in reprisal against
				the person making the complaint; and
(3) Notice that any person with a complaint
				is encouraged to attempt to resolve the complaint with the Center's designated
				complaint staff, but that the person may submit a complaint to the central
				office of the Oklahoma Department of Veterans Affairs, the Oklahoma State
				Department of Health or the Oklahoma long-term care ombudsman without prior
				notice to the Center.
(4) If a
				resident, a family member or legal representative of the resident, or an
				advocate for the resident if no legal representative exists, or a Center
				employee submits to the administrator or designated complaint staff a written
				complaint concerning resident abuse, neglect or misappropriation of resident's
				property, the Center shall comply with the Protective Services for Vulnerable
				Adults Act, Title 43A O.S. Sections
				10-101 through
				10-110.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 10 - Center Division Program › Subchapter 5 - Resident Rights and Responsibilities › Section 770:10-5-7 - Complaints to the central office of the Oklahoma Department of Veterans Affairs

Current through Vol. 41, No. 20, July 1, 2024
The following applies to complaints filed with the
				  ODVA:
(1) The ODVA shall provide to
				each Center a notice identifying the telephone number and location where
				complaints may be submitted. The Center shall post such notice in a conspicuous
				place outside the administrator's office area.
(2) Any person may submit a complaint to the
				ODVA in writing, by phone, or personally. The ODVA shall reduce to writing a
				verbal complaint received by phone or in person.
(3) If the complainant is a Center resident,
				the resident's representative, or a current employee of the facility, the ODVA
				shall keep the complainant's identity confidential. For other complaints the
				ODVA shall ask the complainant's preference regarding
				confidentiality.
(4) The ODVA shall
				receive and triage complaints and the complaints shall be classified and
				investigated according to the following priorities:
(A) A complaint alleging a situation in which
				the facility's noncompliance with state or federal requirements relating to
				nursing facilities has caused or is likely to cause serious injury, harm,
				impairment or death to a resident shall be classified as immediate jeopardy and
				shall be investigated by the ODVA within two (2) working days;
(B) A complaint alleging minimal harm or more
				than minimal harm to a resident but less than an immediate jeopardy situation
				shall be classified as actual harm and shall be investigated by the ODVA within
				ten (10) working days;
(C) A
				complaint alleging other than immediate jeopardy or actual harm to a resident
				but that represents a repeated or ongoing violation shall be classified as a
				continuing complaint and investigated within twenty-five (25) days;
				and
(D) A complaint alleging other
				than immediate jeopardy or actual harm to a resident shall be classified as a
				primary complaint and shall be investigated within thirty (30) days.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 1 - General Provisions › Section 770:15-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to:
(1) Effect new policy and procedure in the
				Claims Office as it pertains to the Hospital Officers and Veterans Service
				Officers regarding claims work, and set forth a basic guide for the Claims and
				Hospital Officers to observe in the performance of their duties.
(2) Establish a clear-cut policy for the
				Veterans Service Officers and other personnel to follow when there is a
				tornado, flood or other disaster where this department may render financial or
				other assistance.
(3) Clarify the
				question of eligibility requirements for a veteran to receive a free hunting
				and fishing license.
(4) Set forth
				the basic policy on securing documents to support a veterans claim with the
				Veterans Administration.
(5)
				Promulgate the rules and procedures of the Oklahoma Veterans Commission under
				the authority of 72 O.S§67.13 for administering the emergency financial
				aid program by the Department of Veterans Affairs and establish a policy on
				minimum amount of time and type of discharges from the military
				service.
Amended at 30 Ok Reg 1485, eff
					 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 3 - Claims Services › Section 770:15-3-1 - Policies and procedures for Claims Officers, Hospital Officers and Veterans Service Officers

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following procedure requires action by the Claims Officers, Hospital Officers
				and Veterans Service Officers as indicated below:
(1) When submitting new claims or reopening
				claims, acknowledgment will be sent only to the party submitting the
				claim.
(2) They will, however,
				write to a veteran if they are unable to secure a document and request that he
				either supply the document or submit the correct information in order to obtain
				it.
(3) The schedule of events in
				the processing of a claim should be explained. He should be advised where and
				who he can contact when reporting for examination and who to contact in order
				to obtain information concerning his claim.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 3 - Claims Services › Section 770:15-3-2 - Disaster assistance

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				following procedure will be observed by the Veterans Service Officers in whose
				territory a disaster occurs and is so declared by the President or branch of
				the federal government or the Governor of the State of Oklahoma as being a
				major disaster area.
(1) Advise the local
				officials and individual veterans that this department will work with other
				sources from various agencies to render financial assistance. This department
				can give assistance in conjunction with resources from various agencies and
				service organizations, but a qualifying veteran is not required to wait until
				all other resources from various agencies have been completed. The Department
				of Veterans Affairs will render financial assistance in keeping with the rules
				and policies of the OklahomaVeterans Commission on the expenditure of child
				welfare and emergency aid funds.
(2) Advise the local veteran service
				organization officials and veterans as much as possible on help that can be
				secured through the American Red Cross. When the disasters are over, financial
				assistance may be rendered by the Department of Veterans Affairs in the normal
				manner with applications and upon recommendations of the local veteran service
				organization. Veterans Service Officers will render every assistance possible
				to local officials by assisting in completing the application forms except the
				investigation and recommendation, which is to be handled and made by the local
				officials.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 3 - Claims Services › Section 770:15-3-3 - Hunting and fishing licenses

Current through Vol. 41, No. 20, July 1, 2024
Hunting and fishing licenses will be issued by the
				  Headquarters Office or the Claims Office only. Applications received by the
				  field staff or hospital officers will be forwarded to the Claims Office for
				  action. Each eligible veteran should be informed that the license issued by
				  this department does not apply to special licenses or permits such as a duck
				  stamp or commercial fishing license. To be valid, each permit issued must have
				  the official seal of the War Veterans Commission of Oklahoma affixed to it. 29
				  O. S.§4-110(B)(3)-(4) provides that any legal resident of the State over
				  the age of sixty-five (65) years and all disabled veterans of sixty percent
				  (60%) disability or more who are legal residents of the State shall be exempt
				  from the license requirements of the Act.
Amended at 30 Ok Reg 1486, eff
					 6-27-13
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 3 - Claims Services › Section 770:15-3-4 - Supporting documents

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Under the regulations of the Veterans Administration, if there is no
				conflicting evidence regarding the marital status of a claimant, marriage
				licenses and birth certificates need not be secured as supporting documents. If
				there is conflicting evidence, necessary documents should be secured to
				establish the relationship.
(b) The
				following is the procedure that will be observed:
(1) Veterans Service Officers will not secure
				documents to clarify the marital status of cases but continue on releases to
				the Claims Office the notation, "Please secure all necessary supporting
				documents."
(2) The Hospital
				Offices may secure the necessary documents if in the opinion of the Hospital
				Officer an emergency exists and it would expedite the case to secure them at
				the Hospital Office level. In either event, the Hospital Officers on releases
				to the Claims Office will advise either of the following:
(A) "Please secure all necessary supporting
				documents", or,
(B) "The following
				documents have been requested from this office", listing each.
(3) It will be the responsibility
				of the Claims Officers to secure the necessary supporting documents to clarify
				the marital status of cases, taking note of (b) (2) of this section.
(4) The Veterans Service Officers and
				Hospital Officers, where possible, will secure the original or copy of the DD
				214 when filing an original claim.
Oklahoma Administrative Code › Title 770 - Oklahoma Department of Veterans Affairs › Chapter 15 - Claims and Benefits Division Program › Subchapter 5 - Emergency Financial Assistance › Section 770:15-5-1 - Eligibility for financial assistance

Current through Vol. 41, No. 20, July 1, 2024
(a) To be eligible for emergency financial
				assistance through the Oklahoma Department of Veterans Affairs, a veteran must
				be honorably discharged and otherwise meet the following, pursuant to 72 O.S.
				§
									67.13:
(1) Meet the definition of a Veteran as
				defined in 72 O.S. §
										2.
(2) Have one (1) year residence in the State
				of Oklahoma immediately prior to date of application for emergency
				aid.