reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter, shall have the following meaning unless the context clearly indicates otherwise:
"Commercial channels"
means the sale of wheat for any use, when sold to any commercial buyer, dealer, processor, cooperative, or to any person, public orprivate, who resells any wheat orproductproducedfrom wheat. [2:1023(5)]
"Commercial quantities"
means and includes all bushels of wheat produced for market in any calendar year by anyproducer [2:1023(3)]
"Commission"
means the Wheat Utilization, Research and Market Development Commission. [2:1023(1)]
"Due notice"
shall be in conformance with the Administrative Procedures Act. Due Notice means notice published at least (20) days in advance in the "Oklahoma Wheat News" and the "The Oklahoma Register" which have general circulation over the state and the areas wherein wheat growers are located.
"First purchaser"
means any person, public or private corporation, or partnership buying, accepting for shipment within the state or otherwise acquiring the property in or to wheat from a producer, and shall include a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer, where the actual or constructive possession of such wheat is taken as part payment or in satisfaction of such mortgage, pledge, lien or claim. [2:1023(4)]
"Regulations"
means a rule or order prescribed for management of government; a regulating principle.
"Rules"
means any agency statement of general applicability and future effect that implements, interprets or prescribes substantive law or policy or prescribes the procedure or practice requirements of the agency.
"Wheat producer"
means anyone personally engaged in growing wheat, who markets wheat in commercial quantities in Oklahoma, and includes both the owner and tenant. [2:1023(2)]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-3 - Promotional fee; assessment and allocation

Current through Vol. 41, No. 20, July 1, 2024
Any promotional fee, assessment or allocation shall comply with 2 O.S. §
								18-308.
Amended at 30 Ok Reg 1489, eff 6-27-13
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-4 - Referendum to determine continuation of fee

Current through Vol. 41, No. 20, July 1, 2024
Referendums to determine continuation of a fee shall follow the procedures set forth in 2 O.S. §
								18-309.
Amended at 30 Ok Reg 1489, eff 6-27-13
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-5 - Pledge or mortgage of wheat deduction

Current through Vol. 41, No. 20, July 1, 2024
(a) In the case of a pledge or mortgage of wheat as security for a loan under the federal price support program, the fee shall be deducted for the proceeds of such loans at the time the loans are made or be deducted thereafter by agencies of the federal government, and Producer's Note and Loan Agreement (Commodity Loan Form B) or Producers Note and Supplemental Loan Agreement (Commodity Loan Form A) or Delivery Instructions (Commodity Purchaser Form 3) issued by the federal agency to the producer are hereby approved as fulfilling the requirements for invoices, and the forms herein approved shall be deemed to constitute proof of payment of such promotional fee on the wheat listed thereon.
(b) Supplemental or alternate forms which may be proposed by the Commodity Credit Corporation and contained the necessary information may be used without revision of the rules of the Commission.
(c) The Commodity Credit Corporation's use of identification numbers in lieu of the name of the producer from whom the fee was collected is approved, such approval being in consideration of assurance received from the Commodity Credit Corporation that authorized officials of the State of Oklahoma will have access at all reasonable times to records in the county agricultural stabilization and conservation offices showing the names of producers to whom such identification numbers have been assigned.
(d) If such wheat, described in subsection (a) of this section, remains in farm storage for the duration of such pledge or mortgage, the promotional fee so paid at the time the loan was made shall be deemed a complete satisfaction of the promotional fee liability unless upon subsequent actual delivery of such wheat from farm storage in satisfaction of the pledge, or mortgage in the amount of One Dollar ($1.00) or more, such underpayment being due solely for the necessity of estimating the quantity of wheat so placed in farm storage.
(e) In connection with the collection of the wheat promotional fee on Commodity Credit Corporation wheat loans disbursed and purchase agreement settlement made, undercollections or overcollections of the wheat promotional fee amounting to One Dollar ($1.00) or less as a result of errors, will not require collection of the underpayment or refund of the overpayment by Commodity Credit Corporation and their responsibility in such cases shall be waived. [2:1032]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-6 - Report and remittance

Current through Vol. 41, No. 20, July 1, 2024
(a) The purchaser shall render and have on file a report with the Commission by the fifteenth (15th) day of each calendar quarter following any calendar quarter in which such a purchaser has purchased ten thousand (10,000) or more bushels of wheat. If less then ten thousand (10,000) bushels have been purchased, in any calendar quarter, the fee may be reported and remitted with the following quarter's return, except that all fees collected must be remitted at least once every six (6) months.
(b) In case any person, business or entity, public or private, subject to the fee hereunder, fails to make a report and remittance when and as herein required the director shall determine the amount of such fee according to his best judgement and information, which amount so fixed shall be prima facie correct; and such person so having failed to make such report shall, within ten (10) days after notice of the amount of the fee so fixed and computed by the director is mailed to such person, pay said fee, together with a penalty of five percent (5%) on the amount of the fee or he may dispute the fee as fixed by the director and request the Commission to hold a hearing to determine the amount of the fee and penalty to be imposed. No payment shall be made until the Commission enters its order determining the amount of such payment; but such shall be paid within ten (10) days of notice of such decision. [2:1033]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-7 - Annual reports

Current through Vol. 41, No. 20, July 1, 2024
(a) The Chairman of the Commission shall make an annual report to the Governor, within thirty (30) days afterJune 30 of each year, showing in detail all income and expenditures and any other facts relevant to this act. [2:1021 et seq.] Such annual report shall include a list of all officers and employees of the Commission and shall indicate the official positions of such officers and employees and salaries paid thereto.
(b) The report shall be available to the public. A copy shall be sent to each producer upon whom the fees levied by Section 1030 of this title [2 O.S.]
is assessed.
(c) All records of the Commission shall be kept at least three (3) years.
(d) The Oklahoma Wheat Research Foundation shall make an annual report to the Chairman of the Commission, within fifteen (15) days after June 30 of each year, showing disposition of all funds allocated to it under the provisions of this act [2:1021 et seq.]. [2:1034]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-8 - Refunds

Current through Vol. 41, No. 20, July 1, 2024
Any person, firm or corporation subject to the fee provided in this act that objects to the collection of the fee may, within sixty (60) days following such collection, make application to the Director of the Commission for a refund of such fee and upon receipt of said application such refund shall be made within thirty (30) days of the date the refund request was received and the Commission received payment from the first purchaser.
Amended at 30 Ok Reg 1490, eff 6-27-13
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-9 - Deposit and disbursement of monies; annual audits

Current through Vol. 41, No. 20, July 1, 2024
All monies received by the Commission for the fees hereinbefore assessed shall be deposited in the State Treasury to the credit of the Commission's Revolving Fund, and shall be disbursed by orderof the Commission upon warrants issued by the State Treasurer against claims submitted to the Director of State Finance for audit and payment. The books, records and accounts of the Commission, and the Oklahoma Wheat Research Foundation in respect to the funds allocated to it under the provisions of the rules of the Commission shall be audited annually by the State Auditor and Inspector, with the cost of the respective audits to be paid from the funds of the respective organization for whom the audit is made. [2:1036]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-10 - Investment of monies

Current through Vol. 41, No. 20, July 1, 2024
By order of the Director, with approval of the members of the Commission, any of the monies in the Wheat Utilization, Research and Market Development Commission Revolving Fund may be invested in securities of the state or federal government. The monies may also be deposited in certificates of deposit or in savings accounts or certificates of any bank, trust company or savings and loan association insured by a federal agency. These securities, certificates of deposit; savings accounts or savings certificates shall be placed in the care of the State Treasurer, who shall collect the principal and interest when due and pay both into the Wheat Commission Revolving Fund. [2:1036.1]
Oklahoma Administrative Code › Title 795 - Oklahoma Wheat Commission › Chapter 10 - Funding Terms › Section 795:10-1-11 - Cooperation with other organizations

Current through Vol. 41, No. 20, July 1, 2024
The Commission may cooperate with and enter into contracts with proper local, state or national organizations, public or private, in carrying out the purposes of this act [2:1021 et seq.]. [2:1037]
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 1 - Purpose and Definitions › Section 800:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules of this Chapter have been promulgated pursuant to
				  the provisions of the Administrative Procedures Act, 75 O.S., Sections 250.1 et
				  seq., the Open Records Act, 51 O.S. 24A.1 et seq., the Open Meeting Act, 25
				  O.S. 301 et. seq., and the authorities of the Commission and Department. They
				  describe the function, organization, powers, duties, operations and procedures
				  of the Oklahoma Department of Wildlife Conservation and the Oklahoma Wildlife
				  Conservation Commission with respect to its administration, rulemaking,
				  individual proceedings and other activities and are intended to supplement and
				  interpret pertinent provisions of state and federal statutes and the Oklahoma
				  Constitution.
Added at 9 Ok Reg 1687,
				  eff 6-1-92; Amended at 15 Ok Reg 3500, eff
				  7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 1 - Purpose and Definitions › Section 800:1-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"APA"
means and refers to the Oklahoma
				  Administrative Procedures Act set forth in 75 O.S., Sections 205.1 et seq., as
				  amended.
"Code"
means the Oklahoma Wildlife Conservation
				  Code set forth in 29 O.S., Sections 1-101 et. seq., as amended.
"Commission"
means the Oklahoma Wildlife
				  Conservation Commission, as defined in 29 O.S., Section 2-105.
"Department"
means the Oklahoma Department of
				  Wildlife Conservation, as defined in 29 O.S., Section 2-107.
"Director"
means the Director of the Oklahoma
				  Department of Wildlife Conservation, as defined in 29 O.S., Section
				  2-108.
"Individual proceeding"
means the formal process
				  employed by the agency to resolve issues of law or fact by exercise of
				  authority of a judicial nature, as defined in 75 O.S., Section 250.3(7), as
				  amended.
"License"
means and includes the whole or part
				  of any permit, certificate, approval, registration, charter or similar form of
				  permission required by law, as defined in 75 O.S., Section 250.3(3), as
				  amended.
"OAC"
means and refers to the Oklahoma
				  Administrative Code prepared by the Secretary of State pursuant to 75 O.S.,
				  Section 256 and other provisions of the Oklahoma Administrative Procedures
				  Act.
"Person"
means an individual, firm, corporation,
				  association or partnership and includes agent, employee and principal, and
				  unless otherwise specified shall include governmental agencies, political
				  subdivisions, public trusts and any other legal entity.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 3 - Function, Organization, Powers and Duties › Section 800:1-3-1 - Statutory citations

Current through Vol. 41, No. 20, July 1, 2024
Citations to statutes in this Chapter refer to the most
				  recent codification of the statute.
Added at 9 Ok Reg 1687,
				  eff 6-1-92
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 3 - Function, Organization, Powers and Duties › Section 800:1-3-2 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to outline the function,
				  organization, powers and duties of the Oklahoma Department of Wildlife
				  Conservation and the Oklahoma Wildlife Conservation
				  Commission.
Added at 9 Ok Reg 1687,
				  eff 6-1-92
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 3 - Function, Organization, Powers and Duties › Section 800:1-3-3 - Function, organization, powers and duties

Current through Vol. 41, No. 20, July 1, 2024
The following describes the function, organization, powers
				  and duties of the Oklahoma Department of Wildlife Conservation and Oklahoma
				  Wildlife Conservation Commission.
(1)
Creation and Composition of the Commission, Director and
				Department.
(A)
Commission:
The Oklahoma Department of Wildlife Conservation and
				Oklahoma Wildlife Conservation Commission were created by Section 1, Article
				XXVI of the Constitution of Oklahoma in 1956. See also 29 O.S. Section 3-101 et
				seq.
(B)
Director:
A
				Director of Wildlife Conservation was created by Section 3, Article XXVI of the
				Constitution of Oklahoma in 1956. See also 29 O.S., Section 3-104.
(C)
Department:
The Department
				includes assistants and employees appointed by the Director with the approval
				of the Commission. The Department is organized in divisions such as
				Administration, Fisheries, Wildlife, Law Enforcement, and Information &
				Education.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 5 - General Course and Method of Operation › Section 800:1-5-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to describe the method of
				  operation of the Oklahoma Department of Wildlife Conservation and the Oklahoma
				  Wildlife Conservation Commission.
Added at 9 Ok Reg 1687,
				  eff 6-1-92; Amended at 15 Ok Reg 3500, eff
				  7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 5 - General Course and Method of Operation › Section 800:1-5-2 - General course and method of operation

Current through Vol. 41, No. 20, July 1, 2024
The following is the general course and method of operation
				  for the Oklahoma Department of Wildlife Conservation and the Oklahoma Wildlife
				  Conservation Commission.
(1)
Office(s).
The principal Administrative Office of the Oklahoma
				Department of Wildlife Conservation is located at 1801 North Lincoln Boulevard,
				Oklahoma City, Oklahoma 73105. The Commission has no office separate from the
				Department.
(2)
Transaction
				of business.
Members of the public and others desiring to contact or
				make inquiries and submissions to the Department or the Commission may do so in
				person at the principal Administrative Office of the Department, during normal
				and usual business hours for State of Oklahoma agencies, or by mail addressed
				to: Oklahoma Department of Wildlife Conservation, Post Office Box 53465,
				Oklahoma City, Oklahoma 73152.
(3)
Access to records.
(A) Copies of
				all rules adopted by the Commission, other written statements of policy or
				interpretations of general applicability, declaratory rulings, orders or other
				documents as may be required by law, may be inspected, unless otherwise
				provided for by law, for proper purposes and in a proper manner, at the
				principal Administrative Office of the Department during its normal business
				hours. Such records shall not be removed from the Department's office or the
				Department's custody and control for the purpose of inspection.
(B) Copies of rules adopted by the Commission
				are also on file and available for public inspection in the Oklahoma State
				Library, State Capitol Branch, 109 State Capitol Building, Oklahoma City,
				Oklahoma 73105. Commission rules are available to the public from the Office of
				the Secretary of State.
(C) Copies
				of records of the Department and Commission will generally be made available as
				required by the Oklahoma Open Records Act. The Department and Commission may
				require persons making requests to submit such request in writing and describe
				the records with reasonable specificity. Fees and charges may be collected for
				copies, certification, searches and other activities relating to records as
				allowed by law and in accordance with Commission rules establishing such fees
				and charges.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 5 - General Course and Method of Operation › Section 800:1-5-3 - Reproduction of records and copies

Current through Vol. 41, No. 20, July 1, 2024
(a)
By Department.
The
				Department will furnish copies of records as promptly as practicable upon
				receipt of a sufficiently specific request and payment in advance of applicable
				costs. The Department may limit the number of copies made and the time and
				personnel available for reproduction of open records requested by a member of
				the public or refer the requester to the provisions of paragraphs (2) of this
				subsection.
(b)
Commercial
				reproduction or special arrangements.
Upon special request and with
				advance notice to the Department, the Director may authorize persons to arrange
				for the pick-up, reproduction and/or return of open records by a commercial
				copying service at their expense. Such authorization will be at the sole
				discretion of the Director or designated Department employees. Provided the
				approval of the Department is obtained in advance and suitable floor space is
				available, a requester may bring in and use his own copy machine.
(c)
Confidentiality.
Any person
				submitting information, data or materials to the Department may assert and
				substantiate, in writing, a claim of confidentiality at the time of submission.
				Absent such written assertion and substantiation at or prior to the time of
				submittal, the information or materials shall be recognized and treated by the
				Department as being available for public disclosure as required by the Open
				Records Act.
(d)
Certification.
Copies of official records of the Department may be
				certified by the Director or Assistant Director or their designees. Uncertified
				copies of records may be made by any Department employee.
(e)
Charge.
The expense of
				document search, copying and/or certifying records shall be borne by the party
				requesting same in accordance with the fee schedule established by the
				Commission or by statute.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 5 - General Course and Method of Operation › Section 800:1-5-4 - Other types of public meetings and hearings

Current through Vol. 41, No. 20, July 1, 2024
(a) The Department or Commission may hold
				general information meetings at any location in the state.
(b) The Commission and the Department may
				conduct hearings or, upon review and consideration of evidence presented at
				hearings held by their designee, may make necessary findings of fact and
				conclusions of law, and issue orders as provided by provisions of the APA, the
				Code and applicable rules of the Commission.
(c) The Department may hold meetings and
				hearings on behalf of the Commission for the purpose of receiving information,
				allowing public comment and making findings of fact in connection with the
				Commission's authorities to set seasons, limits, determine population numbers
				and health, assess agricultural and other impacts by wildlife, review and
				determine appropriate methods of taking, review information about particular
				species of wildlife, assess damages or impairment to wildlife and natural
				resources, or gather other information and evidence.
(d) In the case of individual proceedings or
				other matters which require findings of fact, hearings conducted by the
				Commission, Department or their designee shall be recorded on tape.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 7 - Policies and Procedures for Rulemaking › Section 800:1-7-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to outline the rulemaking
				  process for the Oklahoma Department of Wildlife Conservation and the Oklahoma
				  Wildlife Conservation Commission.
Added at 9 Ok Reg 1687,
				  eff 6-1-92
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 7 - Policies and Procedures for Rulemaking › Section 800:1-7-3 - Department procedures and assistance in rulemaking

Current through Vol. 41, No. 20, July 1, 2024
(a)
APA notices and
				requirements.
On behalf of the Commission, the Department shall cause
				publication of notices of proposed rulemaking and shall follow the applicable
				rulemaking requirements and procedures of the Administrative Procedures Act.
				Such procedures may include rulemaking hearings, receipt of comments and
				preparation of rule reports, rule impact statements, the rulemaking record and
				other documentation.
(b)
Records.
The Department shall maintain a record of all notices,
				copies of proposed rules, mailing lists, comments received on the proposed
				rules, tapes of hearings, if any, changes to the proposed rules made prior to
				consideration by the Commission, the rules as finally adopted, and other
				pertinent information.
(c)
Submittal.
When proposed rules are presented to the Commission,
				the Department shall show that proper rulemaking procedures have been followed.
				The text of proposed rules and rule changes, a copy of any rulemaking notice, a
				summary of the rules and any public comments, and a rule impact statement
				should normally be submitted to Commission members at the time of mailing of
				the proposed agenda of the Commission meeting at which the rules are to be
				considered.
(d)
Hearings.
The Commission may hold a public hearing in connection
				with its regularly scheduled meeting or may rely upon the Department to conduct
				any hearings required by the APA. The Commission may allow the public to
				comment on agenda items when a member of the public makes a request in
				accordance with the requirements set forth in this Chapter or at the discretion
				of the Commission. Prior to adoption or repeal of a rule, the Commission may
				remand proposed rule language to the Department for additional comment,
				revision, or other action. The Commission may modify proposed rules at any time
				prior to voting on the same, to the extent such modifications are consistent
				with any required notice of rulemaking under the APA and requirements of the
				Open Meeting Act.
(e)
Action.
The Commission shall adopt rules by referring to a written
				copy of the language being adopted or by including in any motion to adopt the
				text or language which is to be voted on.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to establish guidelines for
				  individual proceedings by the Oklahoma Department of Wildlife Conservation and
				  the Oklahoma Wildlife Conservation Commission.
Added at 9 Ok Reg 1687,
				  eff 6-1-92
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-2 - Rules and practice for individual proceedings

Current through Vol. 41, No. 20, July 1, 2024
This Subchapter contains the rules and practice procedures
				  for individual proceedings by the Oklahoma Department of Wildlife Conservation
				  and the Oklahoma Wildlife Conservation Commission.
(1)
Costs associated with individual
				proceedings.
If any party or parties in an individual proceeding before
				the Commission desire and request stenographic or other recording of any
				hearing and the transcription into a written record of any such recording, the
				Commission will make arrangements for such recording and transcription upon
				written request for such action received by the Commission not less than 10
				days before the hearing date and upon receipt of an appropriate cash deposit in
				an amount to be determined by the Director of the Oklahoma Department of
				Wildlife Conservation. A copy of any resulting written record of such
				hearing(s) shall be provided to the Commission at the expense of the party or
				parties requesting such written record.
(2)
Hearings.
All hearings
				required in connection with individual proceedings by this Commission or
				Department shall be conducted in accordance with all applicable provisions of
				the Oklahoma Administrative Procedures Act, and otherwise in accordance with
				procedures and practices determined or designated by the Commission in rules
				set forth in this Subchapter.
Added at 9 Ok Reg 1687,
				  eff 6-1-92; Amended at 15 Ok Reg 3500, eff
				  7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-4 - Individual proceedings in general

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose and applicability.
The general procedures for individual proceedings established by this
				Subchapter shall apply to proceedings conducted by the Commission and by the
				Department for such purposes as declaratory rulings, licensing and enforcement
				matters, as appropriate and as authorized and required pursuant to the APA, the
				Code or other applicable law. This procedure does not apply to complaints filed
				against the Department or any employee of the Department.
(b)
Initiation of proceedings and
				petitions by Department.
Individual proceedings may be initiated by
				Department staff by issuance of a Notice of Violation or by filing a Petition
				with the Director's Executive Secretary.
(c)
Content and service of notices and
				petitions.
(1) The Department will
				usually first serve the Respondent with a written notice of violation (NOV)
				which informs the Respondent of the regulatory requirement, statute, license
				term or other matter at issue. Each Notice of Violation and Petition shall name
				the Respondent(s) and provide a brief statement of the facts giving a right to
				relief and of the relief requested. The petition shall be signed by the person
				presenting the same, or his attorney (see APA s 310), and shall include the
				signer's address and phone number. A letter, inspection sheet, petition,
				consent order or final order may constitute a NOV for purposes of instituting
				these proceedings if it meets these requirements.
(2) The style of documents filed to initiate
				a proceeding shall appear in substantially the form shown in Appendix B of this
				chapter.
(3) A Notice or Petition
				should specify that the Respondent may file a response, how and where the
				response may be filed, the number of days or a date certain within which to
				file the response, state any scheduled hearing date, place and time or include
				notice of the opportunity to request an administrative hearing, and shall be
				served on the named Respondents.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-5 - Administrative Law Judges and Clerks

Current through Vol. 41, No. 20, July 1, 2024
(a)
Designation of Judges.
The
				Director or Commission may designate one or more Administrative Law Judge(s)
				for any administrative hearing or may perform such duties and functions
				themselves. Administrative Law Judges shall be familiar with the rules of
				procedure and generally familiar with the substantive rules governing the
				matter, and shall not have had prior involvement in the matter other than as an
				Administrative Law Judge. The Administrative Law Judge so designated shall have
				full authority to conduct all aspects of the hearing proceedings except for the
				issuance of a Final Order.
(b)
Clerk.
The Director or Commission may designate an Administrative
				Law Clerk to maintain the administrative hearing dockets and records and
				perform related duties. In the absence of a designated clerk, the Executive
				Secretary shall maintain such records.
(c)
Authority and
				responsibilities.
Administrative Law Judges have complete authority to
				conduct administrative hearing proceedings and may take any action not
				inconsistent with the provisions of the rules of this Chapter or of the APA for
				the maintenance of order at hearings and for the expeditious, fair, and
				impartial conduct of the proceedings. Administrative Law Judges may, without
				limitation:
(1) arrange and issue notice of
				the date, time and place of hearings and conferences;
(2) establish the methods and procedures to
				be used in the presentation of the evidence;
(3) hold conferences to settle, simplify,
				determine, or strike any of the issues in a hearing, or to consider other
				matters that may facilitate the expeditious disposition of the
				hearing;
(4) administer oaths and
				affirmations;
(5) regulate the
				course of the hearing and govern the conduct of participants;
(6) examine witnesses;
(7) rule on, admit, exclude and limit
				evidence, at or before hearings;
(8) establish the time for filing motions,
				testimony, and other written evidence, briefs, findings, and other submissions,
				and hold the record open for such purposes;
(9) rule on motions and pending
				matters;
(10) divide the hearing
				into stages or join claims of parties whenever the number of parties is large
				or the issues are numerous and complex; and
(11) restrict attendance by persons not
				parties to the hearing in appropriate cases.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-6 - Administrative hearings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Request.
A hearing request shall be in writing and shall be filed
				with the Administrative Law Clerk as part of or in response to a filed
				Petition.
(b)
Scheduling.
The Department shall schedule an administrative
				hearing after receipt of a proper and timely request.
(c)
Notice.
When the Department
				schedules an administrative hearing, the Administrative Law Clerk shall notify
				the parties of the date, time and place of the hearing. Such notice shall
				satisfy the notice requirements of the APA and shall be made at least fifteen
				(15) days prior to the hearing unless otherwise provided by law or agreed by
				the parties.
(d)
Procedure.
The Administrative Law Judge may refer to District
				Court Rules and Procedure in the absence of applicable APA and Department
				statutes and rules, including this Chapter. The Administrative Law Judge, with
				the consent of all parties, may vary the procedures of this Chapter.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-7 - Prehearing procedures and orders

Current through Vol. 41, No. 20, July 1, 2024
(a) The Administrative Law Judge may schedule
				and conduct prehearing conferences or require the parties to file appropriate
				documents and briefs as necessary to identify parties and issues and to set
				schedules and agendas for hearing-related activities. The Administrative Law
				Clerk shall notify the parties of the scheduling of a prehearing conference.
				The Administrative Law Judge may authorize a prehearing conference by
				telephone. On request, prehearing conferences shall be on the record.
				Prehearing conferences, filings or requirements and orders issued by the
				Administrative Law Judge may address:
(1)
				identification and simplification of issues, including the elimination of
				frivolous claims or defenses;
(2)
				amendments to the pleadings;
(3)
				the plan and schedule of discovery and limitations to be placed
				thereon;
(4) identification of
				admissions of fact to avoid unnecessary proof and cumulative
				evidence;
(5) the identification of
				witnesses and substance of testimony, exhibits, and documents;
(6) the use of prehearing briefs and prefiled
				testimony in the form of sworn affidavits;
(7) settlement of all or some of the issues
				before the hearing;
(8) adoption of
				special procedures for managing potentially difficult or protracted actions
				that may involve complex issues, multiple parties, novel or difficult legal
				questions, or evidence problems;
(9) schedules regarding time within which to
				amend the pleadings, file and hear motions, complete discovery; and for
				accomplishing any other matters appropriate in the circumstances of the
				case.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-8 - Subpoenas

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance.
Subpoenas for the attendance of witnesses, the
				furnishing of information required by the Administrative Law Judge and the
				production of evidence shall be issued by the Administrative Law Clerk upon
				written request by a party or on the Administrative Law Judge's own motion.
				Subpoenas shall be served and a return made in the same manner as provided for
				state court proceedings.
(b)
Failure to obey.
The Director or Commission may seek an
				appropriate judicial order to compel compliance by persons who fail to obey a
				subpoena, who refuse to be sworn or make an affirmation at a hearing, or who
				refuse to answer a proper question during a hearing. The hearing may proceed
				despite any such refusal but the Administrative Law Judge may, in his
				discretion at any time, continue the proceedings as necessary to secure a court
				ruling.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-9 - Record

Current through Vol. 41, No. 20, July 1, 2024
(a)
Recording
				the proceedings.
(1) A record of the
				hearing shall be made, which shall be a tape recording unless otherwise agreed
				by the parties and the Administrative Law Judge. The recording will not be
				transcribed as a matter of course. A transcript may be obtained by submitting
				to the Director or his designee a written request and tendering payment in an
				amount sufficient to pay the cost of having the recording
				transcribed.
(2) A party may
				request a court reporter (CSR or LSR). The requesting party shall pay the
				costs, and the original transcript shall be filed in the case file as part of
				the record in the case. Each person or party requesting copies shall make
				arrangements for such with the reporter, and pay the costs.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-10 - Motions

Current through Vol. 41, No. 20, July 1, 2024
(a)
Filing.
All requests for action in a matter already before the
				Department shall be made in the form of a motion, signed by the party
				presenting same or his attorney, and filed with the Administrative Law Clerk. A
				copy of any motion shall be mailed by the movant to all parties of record
				concurrently with the filing of the motion, and a certification of such mailing
				shall appear on the motion.
(b)
Response.
Within ten (10) days after service of any written
				motion, any party to the proceedings may file a response to the motion. The
				notice requirements may be modified or the time for response may be extended or
				shortened by the Administrative Law Judge for good cause shown.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-11 - Default

Current through Vol. 41, No. 20, July 1, 2024
Any Respondent who fails to appear as directed, after receipt
				  of notice as provided by this Chapter, may be determined to have waived the
				  right to appear and present a defense to the allegations contained in the
				  notice and/or petition. A Final Order in such proceeding may be issued by the
				  Director granting by default no more than the relief prayed for in the
				  petition.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-12 - Settlement

Current through Vol. 41, No. 20, July 1, 2024
Administrative hearings may be resolved by agreed settlement
				  or consent order with the concurrence of the Director or the Commission, as
				  appropriate. The Administrative Law Judge may grant continuances to allow the
				  parties to discuss settlement.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-13 - Proposed orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Preparation of proposed orders.
The Administrative Law Judge shall
				hear all evidence and arguments applicable in a case and shall prepare a
				proposed order including findings of facts and conclusions of law. Prior to
				such preparation, the Administrative Law Judge may request or require briefs
				from the parties on any relevant issue. The Administrative Law Judge shall also
				have the discretion to request or accept from the parties, proposed findings
				and conclusions.
(b)
Service
				and presentation.
Upon finalization of a proposed order, the
				Administrative Law Judge shall:
(1) present
				the proposed order and the record of the matter to the Director or the
				Commission, as appropriate, for review and entry of a final order; or
(2) serve it on the parties, by regular mail,
				offering an opportunity for parties to file exceptions to the proposed order
				before a final order is entered, pursuant to APA § 311; and then shall
				present the proposed order, the exceptions, if any, and the record of the
				matter to the Director or the Commission for entry of a final order. The
				parties may by written stipulation waive any of the requirements for a proposed
				order.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-14 - Final orders

Current through Vol. 41, No. 20, July 1, 2024
(a)
Director.
For proceedings heard by an Administrative Law Judge,
				the Director or Commission may adopt, amend, or reject any findings or
				conclusions of the Administrative Law Judge or exceptions of any party, or may
				remand the proceeding for additional argument or the introduction of additional
				evidence at a hearing held for that purpose.
(b)
Issuance.
At the conclusion
				of the proceedings and review of the record and/or proposed findings of fact
				and conclusions of law, the Director or the Commission, as appropriate, shall
				issue a final order reflecting the findings of fact made, the conclusions of
				law reached, and specifying the action to be taken.
(c)
Notice.
Parties shall be
				notified either personally or by mail of the issuance of a final order. A copy
				of the final order shall be provided to any party and its attorney.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-15 - Reconsideration

Current through Vol. 41, No. 20, July 1, 2024
Any party may petition the Department or Commission, as
				  appropriate, for rehearing, reopening or reconsideration of any decision in an
				  individual proceeding within ten days of its entry, pursuant to APA §317.
				  Nothing in this Chapter shall prevent reconsideration of a matter in accordance
				  with other statutory provisions.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 9 - Rules and Practice for Individual Proceedings › Section 800:1-9-16 - Judicial review

Current through Vol. 41, No. 20, July 1, 2024
The provisions of Section
				  318 of
				  title 75 of the Oklahoma Statutes shall apply.
Added at 15 Ok Reg 3500,
				  eff 7-13-98
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 10 - Citizen Complaints of Employee Actions › Section 800:1-10-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to establish procedures
				  that shall be used when a complaint is made against any member of the Oklahoma
				  Department of Wildlife Conservation by any person who alleges fact which, if
				  true, would constitute an infraction of policy rule, regulation, procedure or
				  statute governing the Oklahoma Department of Wildlife
				  Conservation.
Added at 13 Ok Reg 171,
				  eff 9-21-95 (emergency); Added at 13 Ok Reg 1389, eff
				  5-13-96
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 10 - Citizen Complaints of Employee Actions › Section 800:1-10-2 - Receipt of complaints

Current through Vol. 41, No. 20, July 1, 2024
The following describes the procedures and information
				  required for receiving a complaint.
(1) Any employee of the Department of
				Wildlife Conservation receiving a complaint from a citizen concerning
				Department employee actions shall refer the complainant to his/her supervisor.
				If no supervisor is readily available, the employee receiving the complaint
				shall give the complainant the appropriate telephone number to call in Oklahoma
				City. Basic information is to be recorded on forms as prescribed by the
				Department.
(2) Types of
				complaints:
(A) Written complaints signed by
				complaining party.
(B) Verbal
				complaints whereby the Complainant gives his/her name but does not wish to
				submit a signed statement or confront the employee.
(C) Verbal or written complaints whereby
				complainant will not give their name or sign the complaint,but will provide
				sufficient evidence to allow an investigation.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 10 - Citizen Complaints of Employee Actions › Section 800:1-10-3 - Investigation of complaints

Current through Vol. 41, No. 20, July 1, 2024
The following outlines procedures for conducting an employee
				  complaint investigation.
(1)
				Investigations of complaints as defined in
				800:1-10-2
				shall be conducted by the designee of the Director.
(2) The investigator(s) shall begin the
				investigation at the earliest opportunity and perform a prompt, thorough and
				impartial investigation of the complaint.
(A)
				The investigator(s) shall contact the complainant personally (or by letter if
				out of state) as soon as practical to discuss the complaint in detail and to
				obtain all pertinent facts of the situation.
(i) The investigator(s) shall obtain from the
				complainant and record any specific details or circumstances not included in
				the original complaint.
(ii) A
				sworn affidavit shall be requested of the complainant. The absence of a sworn
				affidavit shall not necessarily preclude any investigation.
Oklahoma Administrative Code › Title 800 - Department of Wildlife Conservation › Chapter 1 - Operations and Procedures › Subchapter 10 - Citizen Complaints of Employee Actions › Section 800:1-10-4 - Disposition of complaints

Current through Vol. 41, No. 20, July 1, 2024
After the investigation has been completed and the report of
				  the investigation has been reviewed by the Director, he/she will make a
				  determination of findings based on the information obtained during the
				  investigation. A letter will be sent to the complainant advising them whether
				  the complaint has been found to be sustained or not
				  sustained.
Added at 13 Ok Reg 171,
				  eff 9-21-95 (emergency); Added at 13 Ok Reg 1389, eff
				  5-13-96