reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 7 - Claims Process › Section 735:80-7-8 - Disposition of unclaimed property other than cash

Current through Vol. 41, No. 20, July 1, 2024
(a) If OST determines after investigation and after an attempt to dispose of the unclaimed property in accordance with the Act, that the property does not have commercial value, OST may destroy or otherwise dispose of the property at any time. If pursuant to the provisions of the Act the property has been sold at public sale, the original owner of the property, or their heirs, devisees, and assigns, if located subsequent to the sale of property, shall be entitled to the proceeds realized from the sale. The proceeds from the sale of the property are subject to the right of the holder to be reimbursed for the cost of the opening of the safe deposit box and to any valid lien or contract providing for the holder to be reimbursed for unpaid rent or storage charges. The amount reimbursed to the Holder shall not exceed the proceeds from the sale of the property.
(b) Unclaimed property of intrinsic or historical value, if it is determined that it has no commercial value, may be loaned or donated to other agencies or institutions (such as the Historical Society) if deemed by the Treasurer that the retention of such property would be of public interest. [See: 60 O.S. §
									667 ]
(c) If OST determines it to be in the best interest of the state, the stock or other equity interest in a business association deemed to have a value less than the expense of giving notice and the sale, may be sold immediately upon receipt without notice. If pursuant to the provisions of the Act, the stock or other equity interest in a business association have been sold, the original owner of the securities, or their heirs, devisees, and assigns, if located subsequent to the sale of property, shall be entitled to the net proceeds realized from the sale.
Transferred from 710:80-7-8 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00; Amended at 26 Ok Reg 3054, eff 9-11-09
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 9 - Office Audit › Section 735:80-9-1 - Audit of holder reports

Current through Vol. 41, No. 20, July 1, 2024
The Unclaimed Property Division will conduct an office audit of reports filed by holders.
Transferred from 710:80-9-1 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 9 - Office Audit › Section 735:80-9-2 - Interest/penalty; amended reports

Current through Vol. 41, No. 20, July 1, 2024
(a) Interest/penalties may be assessed against unclaimed property reported to OST, under the following conditions: [See: 60 O.S. §
									680 ]
(1) When the holder fails to remit items reported as unclaimed property;
(2) When the holder fails to remit in full or submits a partial remittance for items reported as unclaimed property;
(3) When the date of last transaction given for the owner on the report indicates that the item should have been reported and remitted in prior years.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 9 - Office Audit › Section 735:80-9-3 - Mailing of assessment letters to holders; office audits

Current through Vol. 41, No. 20, July 1, 2024
(a) After the review of holder reports in 735:80-9-1 has been completed, the holders will be advised of any amendments made as a result of an office audit. If the holder has been assessed for unpaid amounts and/or interest/penalty, an assessment letter showing the unpaid amounts and interest/penalty will be mailed to the holder. Such letter shall contain sufficient information to make the holders aware of their reporting obligations and legal options.
(b) The holder shall have sixty (60) days in which to review the examination findings and propose adjustments to the findings. No later than sixty (60) days after the date of the assessment letter, the holder shall cause to be generated an amended report. If the holder disagrees with the facts or law, the holder must file a formal protest within the sixty (60) day period, or the amount as set out by the assessment letter shall become final and become immediately due and payable.
(c) A holder may elect to file and pay under protest. Interest/penalties will cease to accrue on the date of such payment.
Transferred from 710:80-9-3 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 9 - Office Audit › Section 735:80-9-4 - Return of reports for correction

Current through Vol. 41, No. 20, July 1, 2024
Reports of unclaimed property submitted to OST will be returned to the holder for correction if the holder:
(1) Fails to report on forms provided by OST;
(2) Submits a report using a format which has not received prior approval from the Treasurer;
(3) Fails to identify the category(ies) of unclaimed property contained in the report;
(4) Fails to provide the date of the last transaction or first payable date for property reported;
(5) Fails to provide legal descriptions and/or decimal percentage of ownership for owners whose property is derived from mineral interests in land in Oklahoma; or
(6) Fails to include any other information on the report as required under the Act.
Transferred from 710:80-9-4 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 9 - Office Audit › Section 735:80-9-5 - Amended reports

Current through Vol. 41, No. 20, July 1, 2024
An amended report of unclaimed property will be required to be filed by the holder if any change occurs in the report after the remittance to OST, along with documentation of the reason thereof, including but not limited to the following:
(1) Change of owner name;
(2) Change of owner last known address;
(3) Change of date of last transaction;
(4) Change of legal description of mineral interest in land in Oklahoma;
(5) Change of decimal percentage of ownership of mineral interest in land in Oklahoma, or
(6) Change in original amount reported.
Transferred from 710:80-9-5 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 1 - GENERAL PROVISIONS › Section 735:80-11-1 - Field audits; general

Current through Vol. 41, No. 20, July 1, 2024
OST has the authority to conduct field audits of holders to determine compliance with the Uniform Unclaimed Property Act. [See: 60 O.S. §
										678 ]
Transferred from 710:80-11-1 at 60 O.S., § 688, eff 7-1-99 (see Editor's Notice published at 17 Ok Reg 217); Amended at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 1 - GENERAL PROVISIONS › Section 735:80-11-2 - Field audits conducted when

Current through Vol. 41, No. 20, July 1, 2024
(a) A Field Audit will be conducted when there is a reason to believe that a holder has not properly reported unclaimed property as defined by the Act. A fifteen (15) day notification of audit letter will be mailed to the holder.
(1) Reasons to believe may include, but not be limited to:
(A) Failure to report; or
(B) Failure to file positive reports; or
(C) Failure to report types of property normally reported by like businesses or associations; or
(D) Failure to substantiate deduction, in whole or in part, for items reported, but not remitted; or
(E) Failure to report and/or remit balances due an individual on the "as of" date of the report year; or
(F) Failure to remit contents of safe-deposit boxes; or
(G) Failure to report legal description of unclaimed mineral interests; or
(H) When amounts reported and/or remitted are not comparable to reports received from like holders.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 3 - BANKING OR FINANCIAL INSTITUTIONS › Section 735:80-11-10 - Banking or financial institutions; field audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Banking or financial institutions shall be examined under any or all circumstances defined in 735:80-11-2.
(b) The following categories of the property normally held by a bank or financial institution shall be subject to reporting under the Unclaimed Property Act (the Act):
(1) Demand, savings, or matured time deposits, together with any interest, or dividend thereon. Any charges withheld must be withheld at the express or implied consent of the owner. If such charges are normally refunded when requested by the owner, such charges cannot be deducted when reporting such property as unclaimed property.
(2) Funds paid toward the purchase of shares or other interest or any deposit thereon. Any charges withheld must be withheld at the express or implied consent of the owner. If such charges are normally refunded when requested by the owner, such charges can not be deducted when reporting such property as unclaimed property.
(3) Certified checks, travelers checks, certificates of deposits and drafts.
The above property(ies) shall not be presumed abandoned if the holder has mailed statements or other communications to the owner within five (5) years (15 years in the case of travelers checks) from the date of last customer generated activity or transaction, and no such statement or communication has been returned as non-deliverable. OST may, at its discretion, require a holder to produce evidence of mailing of such statements or other business communications during the aforementioned period.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 5 - COURTS › Section 735:80-11-15 - Courts; field audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Courts shall be examined under any or all of the circumstances defined in 735:80-11-2.
(b) The following categories of property normally held by the courts shall be subject to reporting under the Unclaimed Property Act:
(1) Probate funds in which the final account or distribution has been reached;
(2) Funds held for a minor who has reached the age of majority;
(3) Money judgments;
(4) Bonds in which a mandate has been issued.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 7 - ENERGY RELATED COMPANIES › Section 735:80-11-20 - Energy related companies; field audits; "current litigation" defined

Current through Vol. 41, No. 20, July 1, 2024
(a) Energy related companies shall be examined under any or all of the circumstances defined in 735:80-11-2.
(b) The following categories of property normally held by energy related companies shall be subject to reporting under the Unclaimed Property Act:
(1) Outstanding or unclaimed expense and vendor checks, payroll checks, royalty checks, rental checks, delay rental checks, and bonus checks;
(2) Unclaimed royalties;
(3) Unclaimed stock (undeliverable and underlying shares) and dividends;
(4) Unclaimed employee benefits;
(5) Any other intangible personal property not otherwise covered by the Act.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 9 - INSURANCE CORPORATIONS › Section 735:80-11-25 - Insurance corporations; life and property and casualty; field audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Insurance corporations shall be examined under any or all of the circumstances defined in 735:80-11-2.
(b) The following categories of property normally held by an insurance corporation shall be subject to reporting under the Unclaimed Property Act:
(1) Proceeds due on life or endowment insurance policies;
(2) Proceeds due on annuity contracts which have matured or terminated;
(3) Proceeds due on policies in which the insured has reached the limiting age under the mortality table on which the reserve is based.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 11 - PUBLIC OFFICERS AND AGENCIES › Section 735:80-11-30 - Public officers and agencies; field audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Public officers and agencies shall be examined under any or all of the circumstances defined in 735:80-11-2.
(b) The following categories of property normally held by public officers and agencies shall be subject to reporting under the Unclaimed Property Act:
(1) Outstanding or unclaimed expense and vendor checks, payroll checks and refund checks;
(2) Unclaimed employee benefits;
(3) Unclaimed bond proceeds, together with interest or dividends thereon.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 11 - Field Audit › Part 13 - UTILITIES › Section 735:80-11-35 - Utilities; field audits

Current through Vol. 41, No. 20, July 1, 2024
(a) Utility companies shall be examined under any or all of the circumstances defined in 735:80-11-2.
(b) The following categories of property normally held by a utility company shall be subject to reporting under the Unclaimed Property Act:
(1) Outstanding or unclaimed expense and vendor checks, payroll checks, and refund checks;
(2) Deposits made to insure payment of utility services, together with any interest thereon;
(3) Unclaimed stock and dividends;
(4) Unidentified remittances;
(5) Any other intangible personal property not otherwise covered by the Act.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-1 - Purpose and general overview of protest procedure

Current through Vol. 41, No. 20, July 1, 2024
(a) The purpose of this Subchapter is to give the protestant, or the protestant's representative, a reasonable way to have the case considered fairly, and to give the protestant an opportunity to resolve disagreements with OST in the administration of the unclaimed property laws without having to go through a formal hearing. The provisions of this Subchapter are provided to protestants who wish to challenge a decision of the Unclaimed Property Division.
(b) If a case cannot be resolved informally, the provisions of this Subchapter provide for a formal hearing before a hearing examiner, who is independent of the Unclaimed Property Division. The hearing examiner makes proposed Findings, Conclusions and Recommendations which are reviewed and acted on by the Treasurer.
(c) The protestant retains the right to seek relief by way of appeal to state district court.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-2 - Intent, scope and construction of rules

Current through Vol. 41, No. 20, July 1, 2024
The Rules of Practice and Procedure before OST set out in this Subchapter shall govern all contested proceedings before the State Treasurer or a designated hearing examiner concerning the administration of unclaimed property laws. These Rules shall be given the most reasonable meaning, taken in their total context, and will be construed to secure due process in the proper resolution of every controversy. They shall not be construed to limit legal rights or obligations of any party.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-3 - Commencement and numbering of a protest

Current through Vol. 41, No. 20, July 1, 2024
(a) Protests must be commenced by filing a timely written protest with the OST. In order for a protest to be considered timely, it must be filed within thirty (30) days after the date of the mailing of the decision being protested, unless extension is granted by the Treasurer within the thirty (30) day period.
(b) OST assigns a case number for a protest, and creates a file. The Treasurer may assign a hearing examiner. After a hearing examiner is designated by the Treasurer, the hearing examiner sets a day for a pre-hearing conference for the protestant and OST.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-4 - Protests in writing and timely filed; applications for hearings

Current through Vol. 41, No. 20, July 1, 2024
All protests must be in writing and must be timely filed as provided in 735:80-13-3. If an oral hearing is desired, an application or request therefor must be made in writing. No protest hearing will be set without a written application or request therefor.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-5 - Content of protests and applications for hearing

Current through Vol. 41, No. 20, July 1, 2024
Protests and applications for hearing shall be filed and signed by the protestant, or an authorized representative, and shall set out therein:
(1) The name, address and social security number or employer's identification number;
(2) A statement of the decision being protested and the amount of funds in controversy;
(3) A clear and concise assignment of each error alleged to have been committed;
(4) The argument and legal authority upon which each assignment of error is made;
(5) A statement of the relief sought by the protestant; and
(6) A verification by the protestant or his duly authorized agent that the statements and facts contained therein are true.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-6 - Pleadings to be on 8½" x 11" paper

Current through Vol. 41, No. 20, July 1, 2024
All pleadings filed with OST shall be duplicated on letter size, 8½" x 11" paper.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-7 - Representation and participation in administrative proceedings

Current through Vol. 41, No. 20, July 1, 2024
(a)
Representation.
In an administrative proceeding the protestant may represent himself or herself at any stage of the proceeding or may be represented by:
(1) an attorney;
(2) an accountant; or,
(3) a representative who has been approved by the Treasurer to represent the protestant.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-8 - Pre-hearing conference

Current through Vol. 41, No. 20, July 1, 2024
(a)
General provisions.
A pre-hearing conference notice is sent to the parties, usually within thirty (30) days of the filing of the protest. The purpose of the pre-hearing conference is to get the parties together before the hearing examiner to attempt to resolve the case or parts of it, early in the progression of the case, to discuss the facts, identify the legal issues, present discovery requests, make all appropriate stipulations, and to propose a procedural schedule. However, the pre-hearing conference should not serve as the parties introduction to the case. Rather, the parties are to make contact and discuss the merits of the case prior to the scheduled pre-hearing conference.
(b)
Rulings; pre-hearing conference order.
During the pre-hearing conference, the hearing examiner makes all necessary rulings. After the pre-hearing conference, the hearing examiner issues a pre-hearing conference order which reduces to writing the agreements reached at the pre-hearing conference.
(c)
Failure to appear.
If a party fails to appear at the scheduled pre-hearing conference or to timely respond to the notice of pre-hearing conference, but has previously submitted a written request for a hearing on the protest, then a hearing will be set. If a hearing has not been requested, then OST will be directed by the hearing examiner to file a response to the protest, which response shall be signed by the attorney representing OST. If a party files a reply to OST's Response, and requests a hearing therein, then the hearing examiner may set the matter for hearing on the merits of the protest, and thereafter, enter recommendations to the Treasurer in accordance with the findings. If a party files a reply to the Response and does not request a hearing, then the hearing examiner will consider the reply in making a recommendation to the Treasurer. If a party fails to file a reply to the Response, then the hearing examiner will issue Findings, Conclusions and Recommendations. Any party aggrieved by the recommendation may proceed pursuant to 735:80-13-20.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-9 - Notice of hearing

Current through Vol. 41, No. 20, July 1, 2024
If a case is not fully resolved at the pre-hearing conference, the case is set for formal hearing before the hearing examiner. Notice of the time, date and location of the hearing is sent to the parties. The parties are directed to file briefs or position letters (or both) in support of their positions.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-10 - Continuances or extensions

Current through Vol. 41, No. 20, July 1, 2024
A party seeking an extension or continuance shall direct the request to the hearing examiner, with notice to the opposing party, and for good cause shown, a continuance or extension will be granted.
Added at 17 Ok Reg 2167, eff 6-12-00; Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-11 - Hearing examiner to hear case

Current through Vol. 41, No. 20, July 1, 2024
Hearings will be conducted by a hearing examiner, who must be a licensed attorney at law, who has been designated by the Treasurer. The Treasurer may conduct a hearing without designating a hearing examiner. The hearing examiner shall have authority to conduct hearings, to examine witnesses, to rule upon motions, to rule upon the admissibility of evidence, to continue or recess any hearing, to control the record, and to make recommendations to the Treasurer. If for any reason a hearing examiner cannot continue on a case, the Treasurer shall designate another hearing examiner with the above qualifications, who will become familiar with the record and perform any function remaining to be performed without the necessity of repeating any previous proceedings.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-12 - Conduct of hearing

Current through Vol. 41, No. 20, July 1, 2024
Administrative proceedings are conducted by OST pursuant to the following procedures:
(1)
Appearances; motions; preliminary matters; oaths.
The burden of proof is generally on the protestant. The hearing will be convened by the hearing examiner, appearances noted, and any motions or preliminary matters will be considered. The hearing examiner shall administer oaths or affirmations to the witnesses.
(2)
Argument; witnesses; evidence.
Each party shall have the opportunity to present its case, to make opening statements, to call and examine witnesses, to offer documentary evidence into the record and to make closing arguments. Each party shall also have the opportunity to cross-examine opposing witnesses on matters covered in direct examination and, in the discretion of the hearing examiner, upon matters relevant to the issues even though not covered in direct examination. Any objection to testimony or evidentiary offers should be made, and the basis of the objection stated on the record.
(3)
Discretion of hearing examiner in certain matters.
The hearing examiner may question any party or any witness. The hearing examiner shall establish the order of proceeding, but regardless of the order, the protestant is entitled to open and conclude in arguments. The hearing examiner is responsible for closing the record, and may hold it open for stated purposes. Parties may submit proposed Findings, Conclusions and Recommendations at any time after notice of the hearing, but prior to closing of the record. Parties may request that the record be held open for this or other purposes.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-13 - Discovery

Current through Vol. 41, No. 20, July 1, 2024
Discovery in administrative proceedings before OST shall comply with the following:
(1)
Authority of hearing examiner.
The hearing examiner may, upon his or her own motion or on the motion of either party:
(A) Subpoena any person to appear and testify and to produce certain documents or other tangible items at an oral hearing;
(B) Require either party to complete interrogatories;
(C) Commission the taking of an oral deposition and require production of certain documents or other tangible items at the time of the deposition; and
(D) Order any party to allow entry of an OST employee upon property under his or her control for the purpose of doing any act or making any inspection which is reasonably calculated to lead to the discovery of evidence material to the contested case.
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-14 - Rules of evidence

Current through Vol. 41, No. 20, July 1, 2024
(a)
Rules governing; admissibility; objections.
The rules of evidence as applied in non-jury, civil cases in the district courts of this State shall be followed in administrative proceedings related to protests except when it is necessary to ascertain facts not reasonably susceptible of proof under those rules. In that event, evidence not admissible under the Rules of Evidence may be admitted, if it is of a type commonly relied on by reasonably prudent persons in the conduct of their affairs. The hearing examiner shall give effect to the rules of privilege recognized by law. Objections to evidentiary offers may be made and shall be noted in the record. Subject to these requirements, part or all of the evidence may be received in written form if the hearing will be expedited and the interest of the parties will not be substantially prejudiced.
(b)
Certification of issues.
A party to the proceedings who objects to a ruling of the hearing examiner may request and obtain certification of the issue to the Treasurer for a decision prior to the issuance of Findings, Conclusions and Recommendations by the hearing examiner. The signatures of the protestant's representative, the attorney for OST and the hearing examiner must be upon the certification.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-15 - Oral evidence, witnesses and penalty for false statements

Current through Vol. 41, No. 20, July 1, 2024
A hearing examiner may require the parties to an administrative proceeding to identify the persons they expect to call as witnesses. The testimony of witnesses shall be made under oath or affirmation, and the making of false statements may subject a person to the penalties of perjury.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-16 - Evidence by official notice

Current through Vol. 41, No. 20, July 1, 2024
The hearing examiner in an administrative proceeding may, regardless of whether requested by the parties, take official notice of matters which the judges of district courts of Oklahoma can judicially notice and of facts within the scope of personal knowledge or within the specialized knowledge of OST. Such official notice must be stated on the record, and the parties must have an opportunity to contest the material noticed. A party requesting the official notice must state upon the record sufficient information to enable the hearing examiner to comply with the request.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-17 - Transcript of oral hearings; request for certified court reporter

Current through Vol. 41, No. 20, July 1, 2024
Testimony offered under oath, comments of counsel and the hearing examiner, offers of documentary evidence and rulings made during the course of an oral hearing shall be recorded on tape. A copy of the tape of the hearing will be furnished to any party to the proceeding upon written request to the hearing examiner and payment of a reasonable fee established by OST. Upon request to the hearing examiner by either party, the hearing will be recorded and transcribed by a certified shorthand reporter. If a certified shorthand reporter is requested, necessary arrangements for the presence of a reporter at a hearing, the cost thereof, and cost of transcribing will be borne by the requesting party who must furnish the hearing examiner with an original and the attorney for OST with a copy, of such transcript.
Added at 17 Ok Reg 2167, eff 6-12-00; Amended at 19 Ok Reg 2476, eff 6-27-02
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-18 - Submission of case on briefs

Current through Vol. 41, No. 20, July 1, 2024
When a protestant in an administrative proceeding does not request an oral hearing, or the parties agree that an oral hearing is not needed, the hearing examiner will base the Findings, Conclusions and Recommendations on the position letters and briefs submitted by the parties. The hearing examiner will mail notice of a date certain for each party to submit a position letter or brief setting out therein the statement of facts, issues to be determined, contentions and statutory and case law relied upon to support his contentions. The hearing examiner may schedule a conference between the parties if it is deemed necessary to clarify the positions of the parties.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-19 - Findings, conclusions and recommendations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Issuance.
When the record in an administrative proceeding is closed and submitted, the hearing examiner will issue Findings, Conclusions and Recommendations to the Treasurer for its consideration. The Findings, Conclusions and Recommendations will include a statement of facts, the issues and contentions, conclusions based on the findings of fact and applicable law, and recommendation to the Treasurer. The parties to the proceeding will be mailed copies of the hearing examiner's Findings, Conclusions and Recommendations.
(b)
No appeal.
No appeal may be based upon the Findings, Conclusions and Recommendations issued by the hearing examiner, since only the Treasurer may issue the final order from which an appeal may be brought.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-21 - Decision and order of the State Treasurer

Current through Vol. 41, No. 20, July 1, 2024
The Treasurer will issue a written order in each case whether or not application for oral argument is made. The Treasurer may, in the Treasurer's discretion, vacate, modify, or affirm, in part or whole, the recommendations of the hearing examiner.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-22 - Appeals to District Court from orders of the Treasurer

Current through Vol. 41, No. 20, July 1, 2024
If a protestant is aggrieved by the order of the Treasurer, any appeal is governed by Article II of the Oklahoma Administrative Procedures Act, 75 O.S. §§
									309 et seq.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-23 - Computation of time

Current through Vol. 41, No. 20, July 1, 2024
When filing documents in an administrative proceeding related to a protest, the following provisions apply:
(1)
General provisions.
In computing any period of time, begin on the day after the act, event, or default and conclude on the last day of the computed period, unless it be a Saturday, Sunday or legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor legal holiday.
(2)
Filing; evidence of filing.
Documents required to be filed are considered filed on the date of personal service of such documents or upon the date of the postmark showing date mailed on the envelope containing such documents and must show a date on or before the last day of filing as defined hereinabove.
(3)
Use of certified or registered mail.
If the document is sent by United States registered mail, the date of registration of the document shall be treated as the postmarked date. If the document is sent by United States certified mail and the sender's receipt is postmarked by the postal employee, the date of the United States postmark on such receipt shall be treated as the postmark date of the document. Thus, the risk that the document will not be postmarked on the day that it is deposited in the mail may be overcome by the use of registered mail or certified mail.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-24 - Service of documents

Current through Vol. 41, No. 20, July 1, 2024
Service of any document in an administrative proceeding may be accomplished by personal delivery or by mailing such document addressed to the party or his authorized representative at the last known address, postage prepaid. The document shall indicate on its face by Certificate of Service or of Mailing that copies have been served on parties of record.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-25 - Dismissal of case

Current through Vol. 41, No. 20, July 1, 2024
(a)
Who may file.
A Motion to Dismiss may be filed by either party in an administrative proceeding related to a protest, and the hearing examiner, upon his or her own motion, may give notice of intent to dismiss, stating grounds for dismissal.
(b)
Procedure in dismissal.
Notice of a Motion to Dismiss filed by any party, or an intent to dismiss issued by the hearing examiner shall be sent to all parties or their authorized representatives by mail. A notice to appear at a certain time, date and place and show cause why such case should not be dismissed should be sent with the dismissal. Notice shall be given at least fifteen (15) days prior to the show cause hearing. If protestant fails to appear at the hearing or to respond to the notice, the hearing examiner may recommend to the Treasurer that an order of dismissal be entered disposing of the case consistent with the position last taken by the protestant.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-26 - Burden of proof

Current through Vol. 41, No. 20, July 1, 2024
In all administrative proceedings, unless otherwise provided by law, the burden of proof shall be upon the protestant to show in what respect the action or proposed action of OST is incorrect. If, upon hearing, the protestant fails to prove a prima facie case, the hearing examiner may recommend that the Treasurer deny the protest solely upon the grounds of failure to prove sufficient facts which would entitle the protestant to the requested relief.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 13 - Administrative Proceedings Related to Protests › Section 735:80-13-27 - Effective date of the Part

Current through Vol. 41, No. 20, July 1, 2024
The provisions of this Part govern all proceedings and cases commenced after they take effect, and also all further proceedings in cases then pending, except to the extent that in the opinion of the Treasurer or the hearing examiner, their application in a pending case would not be feasible or would work an injustice.
Added at 17 Ok Reg 2167, eff 6-12-00
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 15 - Amnesty › Section 735:80-15-1 - Purpose and scope

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to establish the procedures for holders to follow when taking advantage of announced amnesty programs of OST.
Added at 18 Ok Reg 837, eff 2-6-01 (emergency); Added at 18 Ok Reg 2899, eff 6-25-01
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 15 - Amnesty › Section 735:80-15-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Amnesty"
means a program authorized by the State Treasurer in which potential holders of unclaimed property are promised waivers of interest and civil penalties on reported amounts if they voluntarily begin to comply with the reporting requirements of the State's unclaimed property laws.
Added at 18 Ok Reg 837, eff 2-6-01 (emergency); Added at 18 Ok Reg 2899, eff 6-25-01
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 15 - Amnesty › Section 735:80-15-3 - Establishment of the Amnesty Period

Current through Vol. 41, No. 20, July 1, 2024
The State Treasurer may
authorize amnesty programs to promote voluntary compliance with the Uniform Unclaimed Property Act, and may participate and cooperate with other state administrators of abandoned or unclaimed property programs in nationwide amnesty programs
[60: 680]. The State Treasurer shall establish a "look back period" of a specified amount of time which shall be the period to which amnesty applies. When authorizing an amnesty program, the Treasurer shall establish the period of time in which holders or their authorized representatives, may file their reports or otherwise notify OST, in the manner specified in this Subchapter. This period of time shall be known as the "Amnesty Period." The Treasurer shall publicly announce an amnesty program through press releases or other methods, which are calculated to inform holders which have not previously reported, of the availability of the program. The method chosen is solely at the discretion of the State Treasurer.
Added at 18 Ok Reg 837, eff 2-6-01 (emergency); Added at 18 Ok Reg 2899, eff 6-25-01
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 15 - Amnesty › Section 735:80-15-4 - Notice by holder that it will participate in Amnesty

Current through Vol. 41, No. 20, July 1, 2024
To take advantage of an Amnesty Program, a holder needs to file a completed Holder Report with the Unclaimed Property Division, on forms provided by the Division, and place on the first page of the report in a conspicuous place, the word "Amnesty," and simultaneously remit the property. The content and information of the report shall be the same as a normal holder report, and shall include, where available, the names and addresses of owners of the reported property.
Added at 18 Ok Reg 837, eff 2-6-01 (emergency); Added at 18 Ok Reg 2899, eff 6-25-01
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 15 - Amnesty › Section 735:80-15-5 - Conditions and restrictions of Amnesty Program

Current through Vol. 41, No. 20, July 1, 2024
A Holder, who is qualified to take advantage of an Amnesty Program and who properly reports under this Subchapter, will not be liable for the interest and penalties imposed on Holders under the Unclaimed Property Act on reported and remitted amounts. The interest which is waived, will not include interest on property owed to an Owner which may have accrued on the property prior to the time the property should have been reported, such as an interest-bearing bond. OST reserves the right to cooperate with other States and share information through reciprocal agreements and the States National Audit Program. OST or a third party under contract with OST may, however, seek interest and penalties from holders who fail to report unclaimed property in their Amnesty Holder Reports or in the accompanying remittances to OST, any unclaimed property which should have been reported and remitted for the look back period.
Added at 18 Ok Reg 837, eff 2-6-01 (emergency); Added at 18 Ok Reg 2899, eff 6-25-01; Amended at 21 Ok Reg 2879, eff 7-11-04
Oklahoma Administrative Code › Title 735 - State Treasurer › Chapter 80 - Unclaimed Property › Subchapter 15 - Amnesty › Section 735:80-15-6 - Release from liability

Current through Vol. 41, No. 20, July 1, 2024
Upon the report and remittance of the amount of unclaimed property determined to be owing pursuant to this Subchapter, the Unclaimed Property Division shall relieve the holder of the liability, to the extent of the value of the property paid or delivered, in accordance with the provisions of Title 60 Oklahoma Statutes, §
									664.
Added at 18 Ok Reg 837, eff 2-6-01 (emergency); Added at 18 Ok Reg 2899, eff 6-25-01
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 1 - Administrative Operations › Section 748:1-1-2 - Address

Current through Vol. 41, No. 20, July 1, 2024
The principal office of the Oklahoma Uniform Building Code
				Commission shall be located in Oklahoma City, Oklahoma.
Added at 27 Ok Reg 461,
				eff 12-3-09 (emergency); Added at 27 Ok Reg 2363, eff 7-11-10; Amended at 29 Ok
				Reg 1644, eff 11-1-12
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 1 - Administrative Operations › Section 748:1-1-4 - Meetings

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall hold such meetings, as it deems
				necessary, with a regular meeting once during each quarter of the calendar
				year. Special meetings may be called by the Chairman in his or her discretion,
				and shall be called when four (4) members of the Commission request of the
				Chairman, in writing, that such a meeting be called.
Added at 27 Ok Reg 461,
				eff 12-3-09 (emergency); Added at 27 Ok Reg 2363, eff 7-11-10; Amended at 29 Ok
				Reg 1644, eff 11-1-12
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 3 - General Provisions › Section 748:3-1-1 - Context and Interpretation

Current through Vol. 41, No. 20, July 1, 2024
(a) Unless the
			 context otherwise requires, singular words shall be deemed to include the
			 plural, and masculine words to include the feminine, and vice versa.
(b) These rules and the codes adopted herein
			 are not intended to displace, inhibit or restrict the authority of permitting
			 agencies or code enforcement jurisdictions from their administrative
			 responsibilities to consider and interpret the spirit and intent of any adopted
			 codes, including administrative sections of the adopted codes which address the
			 duties and powers of building officials and administrative authorities. With
			 respect to code provisions which are ministerial as opposed to those containing
			 building or construction standards or requirements, the Commission adopts such
			 provisions only to the extent that the Commission is authorized to do so and to
			 the extent that any such provision is not contrary to any valid law of the
			 State of Oklahoma or local ordinance.
Added at 27 Ok Reg 665,
				eff 1-12-10 (emergency); Added at 27 Ok Reg 2364, eff
				7-11-10
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 5 › Subchapter 1 - [Revoked effective 9/14/2021] Fees › Section 748:5-1-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 666,
				  eff 1-12-10 (emergency); Added at 27 Ok Reg 2365, eff
				  7-11-10
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 5 › Subchapter 3 - [Revoked effective 9/14/2021] Collection and Late Fee Assessment › Section 748:5-3-1

Current through Vol. 41, No. 20, July 1, 2024
Added at 27 Ok Reg 666,
				  eff 1-12-10 (emergency); Added at 27 Ok Reg 2365, eff
				  7-11-10
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 7 - Commission Committees › Subchapter 1 - General › Section 748:7-1-1 - General composition and assignments

Current through Vol. 41, No. 20, July 1, 2024
General composition and task assignments of Commission
				  Committees shall be as directed by Commission. With the exception of technical
				  committees, typically the membership of a committee shall be at least two (2)
				  but not more than five (5) Commission members. Committee members shall be as
				  nominated by the Commission chairman or other Commission member(s) and approved
				  by vote of the Commission. As needed, the Commission chairman may call and task
				  a committee between Commission meetings without specific Commission approval.
				  At the next Commission meeting, the called committee and task assignment shall
				  be ratified or modified by vote of the Commission or a directive to cease
				  activities would be given the committee.
Added at 27 Ok Reg 2366,
				  eff 7-11-10
Oklahoma Administrative Code › Title 748 - Oklahoma Uniform Building Code Commission › Chapter 7 - Commission Committees › Subchapter 1 - General › Section 748:7-1-2 - Scope

Current through Vol. 41, No. 20, July 1, 2024
Task assignments shall be researched and reviewed by the
				  respective committee and a recommendation shall be presented to the Commission
				  for approval, disapproval, modification, re-study, or end of task
				  assignments.
Added at 27 Ok Reg 2366,
				  eff 7-11-10