The Oklahoma Register
Volume 23
Number 23
August 15, 2006
Pages 3115 - 3152

Oklahoma
Secretary of State
Office of Administrative Rules

 
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Brad Henry, Governor
M. Susan Savage,
   Secretary of State
Peggy Coe, Managing Editor
THE OKLAHOMA REGISTER is an official publication of the State of Oklahoma. It is published semi-monthly on the first working day of the month and on the first working day following the 14th day of the month under the authority of 75 O.S., Sections 250 et seq. and OAC 655:10-15-1. The rules of the State of Oklahoma are codified and published in the Oklahoma Administrative Code.

The Oklahoma Register and the documents accepted for publication are AVAILABLE FOR PUBLIC INSPECTION at the Office of Administrative Rules pursuant to the Oklahoma Open Records Act. Copies of the Register are also available for public inspection at many County Clerks' offices in Oklahoma, the Jan Eric Cartwright Memorial Law Library in the State Capitol, and the following depository libraries:
      Ada - East Central University, Linscheid Library
      Alva - Northwestern Oklahoma State University,
         J.W. Martin Library
Norman - University of Oklahoma, Bizzell Memorial
   Library
Oklahoma City - Metropolitan Library System
      Bartlesville - Bartlesville Public Library
Oklahoma City - Oklahoma Department of Libraries
      Chickasha - University of Science and Arts of
         Oklahoma, Nash Library
Stillwater - Oklahoma State University, Edmon Low
   Library
      Clinton - Clinton Public Library
      Durant - Southeastern Oklahoma State University, H.G.
         Bennett Memorial Library
      Edmond - University of Central Oklahoma, Chambers Library
Tahlequah - Northeastern State University, John
   Vaughan Library
Tulsa - Tulsa City-County Library System
Tulsa - University of Tulsa, McFarlin Library
      Enid - Public Library of Enid and Garfield County
      Lawton - Lawton Public Library
Weatherford - Southwestern Oklahoma State
   University, Al Harris Library
      McAlester - McAlester Public Library
 

CITE MATERIAL PUBLISHED IN THE OKLAHOMA REGISTER by the volume and the beginning page number of the document in the Register. For example: 23 Ok Reg 256.

SUBSCRIPTION RATES for the Register are $500.00 per year for the printed issues and $300.00 per year for the CD-ROM issues, payable in advance. When available, individual printed issues may be purchased for $20.00 plus the cost of postage, payable in advance. Make checks payable to "Secretary of State." Send subscription requests, change of address notices, and undelivered copies to: Secretary of State, Office of Administrative Rules, P.O. Box 53390, Oklahoma City, OK 73152-3390.

INFORMATION ABOUT THIS PUBLICATION may be obtained by contacting the Oklahoma Secretary of State, Office of Administrative Rules, 2401 North Lincoln Boulevard, Will Rogers Building, Room 220, P.O. Box 53390, Oklahoma City, OK 73152-3390, or by calling (405) 521-4911 or faxing (405) 522-3555. Office hours are 8:00 a.m. to 5:00 p.m., Monday through Friday.


This publication is issued and printed by the Secretary of State as authorized by 75 O.S., Section 255. 75 copies have been prepared and distributed at a cost of $295.56. Copies have been deposited with the Oklahoma Department of Libraries, Publications Clearinghouse.
ISSN 0030-1728
Table of Contents
Agency/Action/Subject Index
Agency Index (Title numbers assigned)
Notices of Rulemaking Intent
Health, Oklahoma State Department of (Title 310) (1)
Gubernatorial Approvals
Public Safety, Department of (Title 595) (1), (2)
Emergency Adoptions
Agriculture, Food, and Forestry, Oklahoma Department of (Title 35) (1)
Election Board, State (Title 230) (1)
Medical Licensure and Supervision, State Board of (Title 435) (1)
Permanent Final Adoptions
Commerce, Oklahoma Department of (Title 150) (1)
Public Safety, Department of (Title 595) (1), (2)

Agency/Action/Subject Index
AGRICULTURE, Food, and Forestry, Oklahoma Department of – continued
AGRICULTURE, Food, and Forestry, Oklahoma Department of (Title 35)
   Emergency Adoptions – continued
Emergency Adoptions
   Animal Industry (Chapter 15) – continued
Animal Industry (Chapter 15) (1)
COMMERCE, Oklahoma Department of – continued
COMMERCE, Oklahoma Department of (Title 150)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Oklahoma Quality Jobs Program (Chapter 65) – continued
Oklahoma Quality Jobs Program (Chapter 65) (1)
ELECTION Board, State – continued
ELECTION Board, State (Title 230)
   Emergency Adoptions – continued
Emergency Adoptions
   Automated Systems (Chapter 50) – continued
Automated Systems (Chapter 50) (1)
HEALTH, Oklahoma State Department of – continued
HEALTH, Oklahoma State Department of (Title 310)
   Notices of Rulemaking Intent – continued
Notices of Rulemaking Intent
   Body Piercing Rules and Tattooing (Chapter 233) – continued
Body Piercing Rules and Tattooing (Chapter 233) (1)
MEDICAL Licensure and Supervision, State Board of – continued
MEDICAL Licensure and Supervision, State Board of (Title 435)
   Emergency Adoptions – continued
Emergency Adoptions
   Physicians and Surgeons (Chapter 10) – continued
Physicians and Surgeons (Chapter 10) (1)
PUBLIC Safety, Department of – continued
PUBLIC Safety, Department of (Title 595)
   Gubernatorial Approvals – continued
Gubernatorial Approvals
   Driver Licenses and Identification Cards (Chapter 10) – continued
Driver Licenses and Identification Cards (Chapter 10) (1)
   Wreckers and Towing Services (Chapter 25) – continued
Wreckers and Towing Services (Chapter 25) (1)
   Permanent Final Adoptions – continued
Permanent Final Adoptions
   Driver Licenses and Identification Cards (Chapter 10) – continued
Driver Licenses and Identification Cards (Chapter 10) (1)
   Wreckers and Towing Services (Chapter 25) – continued
Wreckers and Towing Services (Chapter 25) (1)

Agency/Title Index
[Assigned as of 8-15-06]

Agency
Title
Oklahoma ACCOUNTANCY Board
10
State ACCREDITING Agency
15
AD Valorem Task Force (abolished 7-1-93)
20
Oklahoma AERONAUTICS Commission
25
Board of Regents for the Oklahoma AGRICULTURAL and Mechanical Colleges
30
Oklahoma Department of AGRICULTURE, Food, and Forestry
35
Oklahoma Board of Licensed ALCOHOL and Drug Counselors
38
Board of Tests for ALCOHOL and Drug Influence
40
ALCOHOLIC Beverage Laws Enforcement Commission
45
ANATOMICAL Board of the State of Oklahoma
50
Board of Governors of the Licensed ARCHITECTS and Landscape Architects of Oklahoma
55
ARCHIVES and Records Commission
60
Board of Trustees for the ARDMORE Higher Education Program
65
Oklahoma ARTS Council
70
ATTORNEY General
75
State AUDITOR and Inspector
80
State BANKING Department
85
Oklahoma State Employees BENEFITS Council
87
Council of BOND Oversight
90
Oklahoma Professional BOXING Commission
92
State BURIAL Board (abolished 7-1-92)
95
[RESERVED]
100
Oklahoma CAPITOL Investment Board
105
Oklahoma CAPITOL Improvement Authority
110
State CAPITOL Preservation Commission
115
CAPITOL-MEDICAL Center Improvement and Zoning Commission
120
Oklahoma Department of CAREER and Technology Education (Formerly: Oklahoma Department of VOCATIONAL and Technical Education) - See Title 780
 
Board of Regents of CARL Albert State College
125
Department of CENTRAL Services (Formerly: Office of PUBLIC Affairs) - See Title 580
 
CEREBRAL Palsy Commission
130
Commission on CHILDREN and Youth
135
Board of CHIROPRACTIC Examiners
140
Oklahoma Department of EMERGENCY Management
    (Formerly: Department of CIVIL Emergency
    Management)
145
Oklahoma Department of COMMERCE
150
COMMUNITY Hospitals Authority
152
COMPSOURCE Oklahoma (Formerly: State INSURANCE
    Fund) - See Title 370
 
Oklahoma CONSERVATION Commission
155
CONSTRUCTION Industries Board
158
Department of CONSUMER Credit
160
CORPORATION Commission
165
Department of CORRECTIONS
170
State Board of COSMETOLOGY
175
Oklahoma State CREDIT Union Board
180
CRIME Victims Compensation Board
185
Joint CRIMINAL Justice System Task Force Committee
190
Board of DENTISTRY
195
Oklahoma DEVELOPMENT Finance Authority
200
Board of Regents of EASTERN Oklahoma State College
205
State Department of EDUCATION
210
EDUCATION Oversight Board
215
Oklahoma EDUCATIONAL Television Authority
220
[RESERVED]
225
State ELECTION Board
230
Oklahoma FUNERAL Board (Formerly: Oklahoma State Board of EMBALMERS and Funeral Directors)
235
Oklahoma Department of EMERGENCY Management
    (Formerly: Department of CIVIL Emergency
    Management) - See Title 145
 
Oklahoma EMPLOYMENT Security Commission
240
Oklahoma ENERGY Resources Board
243
State Board of Licensure for Professional ENGINEERS and Land Surveyors (Formerly: State Board of Registration for Professional Engineers and Land Surveyors)
245
Board of Trustees for the ENID Higher Education Program
250
Department of ENVIRONMENTAL Quality
252
State Board of EQUALIZATION
255
ETHICS Commission (Title revoked)
257
ETHICS Commission
258
Office of State FINANCE
260
State FIRE Marshal Commission
265
Oklahoma Council on FIREFIGHTER Training
268
Oklahoma FIREFIGHTERS Pension and Retirement System
270
[RESERVED]
275
State Board of Registration for FORESTERS
280
FOSTER Care Review Advisory Board
285
Oklahoma FUNERAL Board (Formerly: Oklahoma State Board of Embalmers and Funeral Directors) - See Title 235
 
Oklahoma FUTURES
290
GOVERNOR
295
GRAND River Dam Authority
300
Group Self-Insurance Association GUARANTY Fund Board
302
Individual Self-Insured GUARANTY Fund Board
303
STATE Use Committee (Formerly: Committee on Purchases of Products and Services of the Severely HANDICAPPED)
304
Office of HANDICAPPED Concerns
305
Oklahoma State Department of HEALTH
310
Oklahoma Basic HEALTH Benefits Board (abolished 11-1-97)
315
Oklahoma HEALTH Care Authority
317
HIGHWAY Construction Materials Technician Certification Board
318
Oklahoma HISTORICAL Society
320
Oklahoma HORSE Racing Commission
325
Oklahoma HOUSING Finance Agency
330
Oklahoma HUMAN Rights Commission
335
Department of HUMAN Services
340
Committee for INCENTIVE Awards for State Employees
345
Oklahoma INDIAN Affairs Commission
350
Oklahoma INDIGENT Defense System
352
Oklahoma INDUSTRIAL Finance Authority
355
INJURY Review Board
357
Oklahoma State and Education Employees Group INSURANCE Board
360
INSURANCE Department
365
COMPSOURCE Oklahoma (Formerly:
    State INSURANCE Fund)
370
Oklahoma State Bureau of INVESTIGATION
375
Council on JUDICIAL Complaints
376
Office of JUVENILE Affairs
377
Department of LABOR
380
Department of the Commissioners of the LAND Office
385
Council on LAW Enforcement Education and Training
390
Oklahoma LAW Enforcement Retirement System
395
Board on LEGISLATIVE Compensation
400
Oklahoma Department of LIBRARIES
405
LIEUTENANT Governor
410
Oklahoma LINKED Deposit Review Board
415
Oklahoma LIQUEFIED Petroleum Gas Board
420
Oklahoma LIQUEFIED Petroleum Gas Research, Marketing and Safety Commission
422
LITERACY Initiatives Commission
425
LONG-RANGE Capital Planning Commission
428
LOTTERY Commission, Oklahoma
429
Board of Trustees for the MCCURTAIN County Higher Education Program
430
Commission on MARGINALLY Producing Oil and Gas Wells
432
State Board of MEDICAL Licensure and Supervision
435
MEDICAL Technology and Research Authority of Oklahoma
440
Board of MEDICOLEGAL Investigations
445
Department of MENTAL Health and Substance Abuse Services
450
MERIT Protection Commission
455
MILITARY Planning Commission, Oklahoma Strategic
457
Department of MINES
460
Oklahoma MOTOR Vehicle Commission
465
Board of Regents of MURRAY State College
470
Oklahoma State Bureau of NARCOTICS and Dangerous Drugs Control
475
Board of Regents of NORTHERN Oklahoma College
480
Oklahoma Board of NURSING
485
Oklahoma State Board of Examiners for NURSING Home Administrators
490
Board of Regents of OKLAHOMA City Community College
495
Board of Regents of OKLAHOMA Colleges
500
Board of Examiners in OPTOMETRY
505
State Board of OSTEOPATHIC Examiners
510
PARDON and Parole Board
515
Oklahoma PEANUT Commission
520
Oklahoma State PENSION Commission
525
State Board of Examiners of PERFUSIONISTS
527
Office of PERSONNEL Management
530
Oklahoma State Board of PHARMACY
535
PHYSICIAN Manpower Training Commission
540
Board of PODIATRIC Medical Examiners
545
Oklahoma POLICE Pension and Retirement System
550
State Department of POLLUTION Control (abolished 1-1-93)
555
POLYGRAPH Examiners Board
560
Oklahoma Board of PRIVATE Vocational Schools
565
State Board for PROPERTY and Casualty Rates
570
State Board of Examiners of PSYCHOLOGISTS
575
Department of CENTRAL Services (Formerly: Office of PUBLIC Affairs)
580
PUBLIC Employees Relations Board
585
Oklahoma PUBLIC Employees Retirement System
590
Department of PUBLIC Safety
595
REAL Estate Appraiser Board
600
Oklahoma REAL Estate Commission
605
Board of Regents of REDLANDS Community College
607
State REGENTS for Higher Education
610
State Department of REHABILITATION Services
612
Board of Regents of ROGERS State College
615
Board of Regents of ROSE State College
620
Oklahoma SAVINGS and Loan Board (abolished 7-1-93)
625
SCENIC Rivers Commission
630
Oklahoma Commission on SCHOOL and County Funds Management
635
Advisory Task Force on the Sale of SCHOOL Lands (functions concluded 2-92)
640
The Oklahoma School of SCIENCE and Mathematics
645
Oklahoma Center for the Advancement of SCIENCE and Technology
650
SECRETARY of State
655
Department of SECURITIES
660
Board of Regents of SEMINOLE State College
665
SHEEP and Wool Commission
670
State Board of Licensed SOCIAL Workers
675
SOUTHERN Growth Policies Board
680
Oklahoma SOYBEAN Commission (abolished 7-1-97)
685
Board of Examiners for SPEECH–LANGUAGE Pathology and Audiology
690
STATE Agency Review Committee
695
STATE Use Committee (Formerly: Committee on Purchases of Products and Services of the Severely HANDICAPPED) – See Title 304
 
Oklahoma STUDENT Loan Authority
700
TASK Force 2000
705
Oklahoma TAX Commission
710
Oklahoma Commission for TEACHER Preparation
712
TEACHERS’ Retirement System
715
State TEXTBOOK Committee
720
Oklahoma TOURISM and Recreation Department
725
Department of TRANSPORTATION
730
Oklahoma TRANSPORTATION Authority
731
State TREASURER
735
Board of Regents of TULSA Community College
740
Oklahoma TURNPIKE Authority (name changed - see Title 731)
745
Board of Trustees for the UNIVERSITY Center
     at Tulsa
750
UNIVERSITY Hospitals Authority
752
UNIVERSITY Hospitals Trust
753
Board of Regents of the UNIVERSITY of Oklahoma
755
Board of Regents of the UNIVERSITY of Science and Arts of Oklahoma
760
Oklahoma USED Motor Vehicle and Parts Commission
765
Oklahoma Department of VETERANS Affairs
770
Board of VETERINARY Medical Examiners
775
Oklahoma Department of CAREER and Technology Education (Formerly: Oklahoma Department of VOCATIONAL and Technical Education)
780
Oklahoma WATER Resources Board
785
Board of Regents of WESTERN Oklahoma State College
790
Oklahoma WHEAT Commission
795
Department of WILDLIFE Conservation
800
WILL Rogers and J.M. Davis Memorials Commission
805

Notices of Rulemaking Intent
Prior to adoption and gubernatorial/legislative review of a proposed PERMANENT rulemaking action, an agency must publish a Notice of Rulemaking Intent in the Register. In addition, an agency may publish a Notice of Rulemaking Intent in the Register prior to adoption of a proposed EMERGENCY or PREEMPTIVE rulemaking action.
A Notice of Rulemaking Intent announces a comment period, or a comment period and public hearing, and provides other information about the intended rulemaking action as required by law, including where copies of proposed rules may be obtained.
For additional information on Notices of Rulemaking Intent, see 75 O.S., Section 303.

TITLE 310.  Oklahoma State Department of Health
CHAPTER 233.  Body Piercing Rules and Tattooing
[OAR Docket #06-1239]
RULEMAKING ACTION:
Notice of Proposed EMERGENCY rulemaking
PROPOSED RULES:
Subchapter 1. General Provisions
310:233-1-1. [AMENDED]
310:233-1-2. [AMENDED]
Subchapter 3. Body Piercing Artist and Tattoo Artist Requirements and Professional Standards
310:233-3-1. [AMENDED]
310:233-3-2. [AMENDED]
310:233-3-3. [AMENDED]
310:233-3-4. [AMENDED]
310:233-3-5. [AMENDED]
310:233-3-6. [AMENDED]
310:233-3-7. [AMENDED]
Subchapter 5. Sanitation and Sterilization Procedures
310:233-5-1. [AMENDED]
310:233-5-2. [AMENDED]
Subchapter 7. Requirements for Premises
310:233-7-1. [AMENDED]
310:233-7-2. [NEW]
Subchapter 9. Permit License Requirements
310:233-9-1. [AMENDED]
310:233-9-2. [AMENDED]
310:233-9-3. [AMENDED]
310:233-9-4. [NEW]
310:233-9-5. [NEW]
310:233-9-6. [NEW]
310:233-9-7. [NEW]
310:233-9-8. [NEW]
Subchapter 11. Enforcement
310:233-11-1. [AMENDED]
310:233-11-2. [AMENDED]
310:233-11-3. [AMENDED]
310:233-11-4. [NEW]
SUMMARY:
The purpose of the proposed rulemaking action is to establish detailed requirements for tattooing in Oklahoma. Each subchapter is amended to include references to tattooing. The proposed action updates requirements relating to body piercing and establishes uniform health and safety standards for body piercing and tattooing. This proposal modifies definitions, amends permit and license requirements for artists and the establishments, sets requirements for surety bonds, and adds language relating to apprentice programs and sponsors. The proposed amended language will include investigation and hearing procedures. The proposed amendments implement Enrolled Senate Bill No. 806 of the 2nd Regular Session of the 50th Oklahoma Legislature, effective November 1, 2006. This proposal will establish the means to provide regulatory oversight for tattooing in Oklahoma.
AUTHORITY:
Oklahoma State Board of Health, Title 63 O.S. Section 1-104 et seq.; Title 21 O.S. Sections 842.1, 842.2, and 842.3.
COMMENT PERIOD:
August 15, 2006 through September 14, 2006. Interested persons may informally discuss the proposed rules with Protective Health Services staff; or before September 14, 2006, may submit written comments to Tressa Madden, Director, Consumer Protection Division, Oklahoma State Department of Health, 1000 NE 10th Street, Oklahoma City, OK 73117-1299; or before September 14, 2006, may send electronic mail to tressam@health.ok.gov; or may ask to present written or oral views at the hearing.
PUBLIC HEARING:
The public hearing will be part of the regular meeting of the State Board of Health, September 14, 2006, which begins at 1:00 p.m. in Room 307 of the Oklahoma State Department of Health Building, 1000 NE 10th Street, Oklahoma City, OK.
REQUEST FOR COMMENTS FROM BUSINESS ENTITIES:
Business entities affected by these proposed rules are requested to provide the agency with information, in dollar amounts if possible, about the increase in the level of direct costs, indirect costs, or other costs expected to be incurred by the business entity due to compliance with the proposed rules.
Business entities may submit this information in writing before September 14, 2006, to Tressa Madden, Director, Consumer Protection Division, Protective Health Services, Oklahoma State Department of Health, 1000 N.E. 10th Street, Oklahoma City, OK 73117-1299; or before September 14, 2006, may send electronic mail to tressam@health.ok.gov.
COPIES OF PROPOSED RULES:
Copies of the proposed rules may be obtained from Consumer Health Services at the above address or by electronic mail request to tressam@health.ok.gov.
RULE IMPACT STATEMENT:
Pursuant to 75 O.S., §303 (D), a rule impact statement will be prepared and will be available at the same location listed above for reviewing and obtaining copies of the proposed rules.
CONTACT PERSON:
Tressa Madden, Director, Consumer Protection Division, Protective Health Services, (405) 271-5243
[OAR Docket #06-1239; filed 7-25-06]


Gubernatorial Approvals
Upon notification of approval by the Governor of an agency’s proposed PERMANENT rulemaking action, the agency must submit a notice of such gubernatorial approval for publication in the Register.
For additional information on gubernatorial approvals, see 75 O.S., Section 303.2.

TITLE 595.  Department of Public Safety
CHAPTER 10.  Driver Licenses and Identification Cards
[OAR Docket #06-1232]
RULEMAKING ACTION:
Gubernatorial approval
RULES:
Subchapter 1. Procedures for Obtaining and Maintaining a Driver License or Identification Card
Part 2. Application for Initial Driver License
595:10-1-3. Procedures for obtaining an initial driver license [AMENDED]
595:10-1-5. Graduated driver license; persons under eighteen (18) years of age [NEW]
595:10-1-6. Application for a Class D driver license for persons eighteen (18) years of age or older; Class D driving privileges; restrictions and conditions [AMENDED]
Part 3. Driver License Renewal
595:10-1-10. Procedure for obtaining a renewal driver license [AMENDED]
595:10-1-12. Oklahoma licensee temporarily residing out of the state [AMENDED]
Part 5. Driver License Replacement
595:10-1-18. Procedure for obtaining a replacement driver license [AMENDED]
595:10-1-19. Oklahoma licensee temporarily residing out of the state [NEW]
Part 7. Identification Cards
595:10-1-25. Procedure for obtaining an identification card [AMENDED]
595:10-1-26. Procedure for obtaining a renewal identification card [AMENDED]
595:10-1-27. Procedure for obtaining a replacement identification card [AMENDED]
595:10-1-28. Oklahoma identification card holder temporarily residing out of the state [NEW]
Part 9. Change of Name on a Driver License or Identification Card
595:10-1-35. Procedure to make a change of name on a driver license or an identification card [AMENDED]
Part 13. Motor License Agents
595:10-1-50. Identification required [AMENDED]
595:10-1-51. Operational procedures [AMENDED]
595:10-1-52. Photographic procedures [AMENDED]
595:10-1-56. Renewals Renewal of driver license or identification cards [AMENDED]
595:10-1-57. Replacement of driver license or identification card [AMENDED]
595:10-1-58. Restrictions and endorsements on driver licenses [AMENDED]
595:10-1-64. Identification cards card application and renewal [AMENDED]
Part 15. Revocation and Reinstatement of Driver License
595:10-1-76. Ignition interlock requirement for reinstatement [NEW]
Part 19. Driver License and Identification Card Content
595:10-1-91. Information displayed on driver licenses [AMENDED]
595:10-1-93. Information displayed on identification cards [AMENDED]
Subchapter 3. Examination
595:10-3-4. Application for examination [AMENDED]
Subchapter 5. Medical Aspects
595:10-5-12. Alcohol and/or other intoxicating substance abuse [AMENDED]
GUBERNATORIAL APPROVAL:
May 11, 2006
[OAR Docket #06-1232; filed 7-20-06]

TITLE 595.  Department of Public Safety
CHAPTER 25.  Wreckers and Towing Services
[OAR Docket #06-1233]
RULEMAKING ACTION:
Gubernatorial approval.
RULES:
Subchapter 3. Wrecker License
595:25-3-1. General requirements [AMENDED]
595:25-3-2. Applications [AMENDED]
Subchapter 5. All Wrecker Operators
595:25-5-1. Physical requirements for storage facility [AMENDED]
Subchapter 7. Class AA Operators
595:25-7-1. Equipment requirements for all Class AA vehicles [AMENDED]
Subchapter 9. Oklahoma Highway Patrol Rotation Log - Additional Requirements
595:25-9-2. Operator requirements [AMENDED]
GUBERNATORIAL APPROVAL:
May 11, 2006
[OAR Docket #06-1233; filed 7-20-06]


Emergency Adoptions
An agency may adopt new rules, or amendments to or revocations of existing rules, on an emergency basis if the agency determines that "an imminent peril exists to the preservation of the public health, safety, or welfare, or that a compelling public interest requires an emergency rule[s] . . . . [A]n agency may promulgate, at any time, any such [emergency] rule[s], provided the Governor first approves such rule[s]" [75 O.S., Section 253(A)].
An emergency action is effective immediately upon approval by the Governor or on a later date specified by the agency in the preamble of the emergency rule document. An emergency rule expires on July 15 after the next regular legislative session following promulgation, or on an earlier date specified by the agency, if not already superseded by a permanent rule or terminated through legislative action as described in 75 O.S., Section 253(H)(2).
Emergency rules are not published in the Oklahoma Administrative Code; however, a source note entry, which references the Register publication of the emergency action, is added to the Code upon promulgation of a superseding permanent rule or expiration/termination of the emergency action.
For additional information on the emergency rulemaking process, see 75 O.S., Section 253.

TITLE 35.  Oklahoma Department of Agriculture, Food, and Forestry
CHAPTER 15.  Animal Industry
[OAR Docket #06-1231]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 40. Bovine Tuberculosis
Part 5. Herd Status Requirements
35:15-40-71. [AMENDED]
AUTHORITY:
State Board of Agriculture and the Oklahoma Agricultural Code; 2 O.S. 2001 §§ 2-4(2), (7), (17) and (29); 6-2; and 6-141 et seq.
DATES:
Adoption:
May 25, 2006
Approved by Governor:
July 6, 2006
Effective:
Immediately upon Governor's approval
Expiration
Effective through July 14, 2007 unless superseded by another rule or disapproved by the Legislature
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
FINDING OF EMERGENCY:
This emergency rule ensures that Oklahoma's cattle producers with Tuberculosis accredited herds will not lose their status and therefore placed at an economic disadvantage to producers in other states. If the state does not approve this rule, the state will not be able to maintain its Tuberculosis Free Status.
ANALYSIS:
This emergency rule is necessary to effectuate the new federal changes to the Bovine Tuberculosis Eradication Uniform Methods and Rules regarding reaccreditation of Tuberculosis accredited herds. Oklahoma must incorporate the federal requirements into state law to ensure the state maintains its Tuberculosis Free Status. Producers in Oklahoma would receive a severe economic hardship if the state does not maintain its Tuberculosis Free Status. The rule extends the time period from one year to two years for retesting to obtain reaccreditation of the herd. Due to the potential for economic hardship to cattle producers in Oklahoma, the agency finds a compelling public interest and immediate need for this emergency rule.
CONTACT PERSON:
Dr. Becky Brewer-Walker, (405) 522-6142
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253 (D):
SUBCHAPTER 40.  Bovine Tuberculosis
PART 5.  HERD STATUS REQUIREMENTS
35:15-40-71.  Minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle or bison herds
     The minimum standards for accreditation and reaccreditation of tuberculosis accredited cattle and bison herds are as follows:
(1)    All animals musttest eligible cattle and bison shall pass two (2) consecutive negative official tuberculin tests not less than ten (10) months nor more than fourteen (14) months apart of all test eligible animals. Test eligible animals shall include all cattle or bison twenty-four (24) months of age and older and all animals other than natural additions under twenty-four (24) months of age. Natural additions become test eligible at twenty-four (24) months.
(2)    All animalscattle and bison in the herd to be accredited mustshall be individually identified by an official metal eartag, registration tattoo, or individual permanent numerical brand.
(3)    Movement ofAny cattle intoor bison added to an accredited herd must beshall either:
(A)    From an accredited herd, orTest negative to an official tuberculin test sixty (60) days prior to entering the premises, be kept in isolation, and test negative sixty (60) days following entry, or
(B)    From a herd in an accredited free state, orBe from one of the following:
(i)    An accredited herd,
(ii)    A herd from an accredited free state, or
(iii)    A herd in a modified accredited area that passed a herd test of all cattle and bison over twenty-four (24) months of age within the previous twelve (12) months and the added cattle and bison test negative to an official tuberculin test within sixty (60) days of entering the herd.
(C)    From a herd in a modified accredited area that has passed a herd test of all animals over twenty-four (24) months of age within the previous twelve (12) months, and the animals for addition are negative to an official tuberculin test within sixty (60) days of entering the herd, or
(D)    Individual animal(s) tested negative sixty (60) days prior to entering the premise, be kept in isolation and retested negative sixty (60) days following entry.
(4)    AnimalsAny cattle or bison added under 35:15-40-71(3)(B)(C) and (D)to an accredited herd that did not originate from an accredited herd shall not receive new herd status for sale purposes until they have been a herd member for at least sixty (60) days and are included in a complete herd test.
(5)    All additions, both purchased and natural, willshall be individually identified and included as herd members for annualthe herd retest.
(6)    AccurateThe owner shall keep records onindividually identifying each individual animal must be kept, including disposal and/or death of an animal,all natural additions and purchasedor other additions, and shall also keep records of the death or other disposition of each animal.
(7)    Accreditation is valid for a twelve (12)twenty-four (24) month period. The original date of accreditation will serve asshall be the herd's official accreditation date.
(8)    Reaccreditation shall require a negative test of all test eligible herd members not less than ten (10)twenty-two (22) nor more than fourteen (14)twenty-four (24) months from the official accreditation date. All animals mustcattle or bison shall be bona fide members of the herd.
(9)    NoAny evidence of bovine tuberculosis may be disclosed in thea herd for the purposes ofshall result in a denial of accreditation or reaccreditation.
[OAR Docket #06-1231; filed 7-19-06]

TITLE 230.  State Election Board
CHAPTER 50.  Automated Systems
[OAR Docket #06-1238]
RULEMAKING ACTION:
EMERGENCY adoption
RULES:
Subchapter 9. Telephone Voting System [NEW]
230:50-9-1. through 230:50-9-3. [NEW]
AUTHORITY:
Title 26 O.S., Section 2-107. Secretary of the State Election Board
DATES:
Adoption:
June 1, 2006
Approved by Governor:
July 13, 2006
Effective:
Immediately upon Governor's approval
Expiration:
Effective through July 14, 2007, unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATION BY REFERENCE:
n/a
FINDING OF EMERGENCY:
The Secretary of the State Election Board finds that the following compelling public interests exist requiring the adoption of emergency rules. The federal Help America Vote Act of 2002 includes the requirement that voting systems used in federal elections meet certain accessibility requirements in 2006. Specifically, the Act requires the following: "The voting system shall- (A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; (B) satisfy the requirement of subparagraph (A) through the use of at least one direct recording electronic voting system or other voting system equipped for individuals with disabilities at each polling place; . . . ." [42 USC 15481(a)(3)]
The Secretary of the State Election Board has entered into a contract with IVS, LLC, to use the Inspire Vote-By-Phone System in federal elections in Oklahoma in 2006 and 2007. The Secretary announced the contract on April 14, 2006, in a letter to the County Election Boards.
Three federal elections will be held in Oklahoma in 2006 - the Primary Election on July 25; the Runoff Primary on August 22; and the General Election on November 7. No federal elections are currently scheduled in 2007. Federal elections are those with the potential to include candidates for federal office.
The Secretary finds that these emergency rules are needed to authorize County Election Board personnel and Precinct Officials to implement and use the Inspire Vote-by-Phone System in the federal elections upcoming in 2006 and that this need meets the compelling public interest standard for the adoption of emergency rules.
ANALYSIS:
The Help America Vote Act requires the states to implement "accessible" voting systems in 2006. The optical scan voting system in use in Oklahoma since 1992, does not meet the accessibility requirements of HAVA. The Secretary of the State Election Board examined several alternatives for bringing the State of Oklahoma into compliance with these requirements and ultimately chose the Inspire Vote-by-Phone System. This system will enable individuals with disabilities, including individuals who are blind or visually impaired, to vote privately and independently for the first time. The system will accommodate provisional ballots and in-person absentee ballots. The system produces a paper ballot which is scanned and read back to the voter so that the voter can confirm choices before completing the ballot. The paper ballot will be printed in the State Election Board office and the State Election Board staff will transmit the paper ballot to the appropriate County Election Board by fax and/or by an overnight delivery service. These telephone ballots will be counted by the bipartisan County Election Board and added to the final election results prior to 5 p.m. on Friday following the election.
These emergency rules authorize the use of the Inspire system for federal elections in Oklahoma in 2006 and 2007. The Inspire system will not be used in local elections, such as school district or municipal elections unless such elections are held on the same dates as the federal elections.
CONTACT PERSON:
Suzanne Cox, Publications Editor, State Election Board. Telephone: (405) 521-2391.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253(D):
SUBCHAPTER 9.  Telephone Voting System
230:50-9-1.  Purpose of telephone voting system
     The purpose of the rules in this subchapter is to authorize the use of the Inspire Vote-by-Phone system and to establish procedures for implementation and use of this system in federal elections in Oklahoma. The implementation of the Inspire Vote-by-Phone system for federal elections in Oklahoma is intended to satisfy the accessibility requirements of the federal Help America Vote Act of 2002. The Inspire Vote-by-Phone system, hereafter referred to as the telephone voting system, is a ballot marking system which will enable voters with disabilities, including voters who are blind or visually impaired, to vote with the same degree of access and participation, including privacy and independence, as other voters.
230:50-9-2.  Use of telephone voting system
(a)    The telephone voting system shall be available at precinct polling places in the county. The Secretary of the County Election Board shall follow instructions provided by the Secretary of the State Election Board to arrange for access to a telephone for Precinct Officials and voters to use with the telephone voting system.
(b)    The Secretary of the State Election Board shall provide instructions, forms, and materials for the County Election Board Secretary and Precinct Officials to use with the telephone voting system.
(c)    All ballots marked using the telephone voting system shall be printed in the offices of the State Election Board and subsequently shall be transmitted to the appropriate County Election Board. The County Election Board shall observe the procedure outlined in 230:50-9-3 to count the telephone ballots after the election. The results of the counted telephone ballots shall be added to the final election results for each appropriate precinct.
(d)    All materials produced in the casting and counting of telephone ballots shall be retained by the County Election Board for 24 months following the election.
230:50-9-3.  Counting telephone voting system ballots
     Upon receipt from the State Election Board of the ballots marked and printed by the telephone voting system, the Secretary of the County Election Board shall observe the same procedure outlined in 230:30-19-6 to count the telephone ballots and to include them in the final election results for the appropriate precincts. These procedures shall be conducted in a public meeting of the County Election Board.
[OAR Docket #06-1238; filed 7-21-06]

TITLE 435.  State Board of Medical Licensure and Supervision
CHAPTER 10.  Physicians and Surgeons
[OAR Docket #06-1229]
RULEMAKING ACTION:
EMERGENCY adoption.
RULES:
Subchapter 4. Application and Examination Procedures for Licensure as Physician and Surgeon
435:10-4-6. Medical licensure examination [AMENDED]
435:10-4-7. Licensure by endorsement [AMENDED]
AUTHORITY:
Title 59 O.S., Section 489, Board of Medical Licensure and Supervision
DATES:
Adoption:
May 11, 2006
Approved by Governor:
June 29, 2006
Effective:
Immediately upon Governor's approval.
Expiration:
Effective through July 14, 2007 unless superseded by another rule or disapproved by the Legislature.
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
n/a
FINDING OF EMERGENCY:
The Board found compelling extraordinary circumstances exist for applicants who have completed a MD/PhD combined education program and being able to complete all steps of the licensure examination within seven (7) years.
ANALYSIS:
The amendment will allow applicants who have completed a MD/PhD combined education ten (10) years to pass all steps of the licensure examination.
CONTACT PERSON:
Jan Ewing, Deputy Director, 405-848-6841, ext. 104
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING EMERGENCY RULES ARE CONSIDERED PROMULGATED AND EFFECTIVE UPON APPROVAL BY THE GOVERNOR AS SET FORTH IN 75 O.S., SECTION 253 (D):
SUBCHAPTER 4.  Application and Examination Procedures for Licensure as Physician and Surgeon
435:10-4-6.  Medical licensure examination
(a)    Upon submission and approval of a completed application for licensure by examination, and the payment of all fees, an applicant may sit for an examination approved by the Board. The Board has adopted the USMLE as its licensure examination. The passing score for the licensure examination is set at seventy-five percent (75%).
(b)    In order to sit for the licensure examination, the applicant shall provide the Board with all information required by 59 O.S. § 494.1 on a form created or approved by the Board.
(c)    Submission of an application shall not guarantee an applicant the ability to sit for the licensure examination. No person shall sit for licensure examination until approved to do so by the Board.
(d)    The Board recognizes as acceptable for licensure the USMLE, NBME, FLEX and LMCC examinations. However, the Board will not accept test scores or combined FLEX scores from multiple sittings of the FLEX. In addition, the Board will accept the following combinations of those examinations:
(1)    NBME part I or USMLE step 1, plus NBME part II or USMLE step 2, plus NBME part III or USMLE step 3;
(2)    FLEX component 1 plus USMLE step 3; or
(3)    NBME part I or USMLE step 1, plus NBME part II or USMLE step 2, plus FLEX component 2.
(e)    The factoring of scores or combination of scores taken from separate examinations is acceptable only as set forth in (d)(1) through (d)(3) of this Section.
(f)    All steps of the licensure examination must be passed within seven (7) years unless otherwise prohibited by applicable law. The sole exception shall be applicants who have completed a MD/PhD combined education. Such applicants must pass all steps of the licensure examination within ten (10) years.
(g)    The following applies to all applicants regarding examination failures unless otherwise prohibited by applicable law:
(1)    Any applicant who fails any part of a licensing examination three times will not be eligible for a license. A score of incomplete shall be considered a failing score. The USMLE Step 2-Clinical Knowledge and Step 2-Clinical Skills shall be considered as separate steps.
(2)    If a combination of NBME, FLEX and/or USMLE is utilized, any applicant who has failed more than six (6) examinations will not be eligible for a license.
(3)    If an applicant has achieved certification by an American Board of Medical Specialties (ABMS) Board, an exception to 435:10-4-6 (g)(1) and (2) may be granted by a vote of the Board.
(h)    As with the initial application, the Board may make additional inquiry of the applicant to provide additional information as necessary.
435:10-4-7.  Licensure by endorsement
(a)    The Board may license an applicant by endorsement based upon the applicant's current license in another state, the District of Columbia, U.S. territory, or Canada and who has passed a medical licensure examination allowed by 59 O.S. § 493.3(A)(2), and who has complied with all other current licensure requirements of the Act.
(b)    The Board has approved for the purpose of a medical licensure examination the FLEX, USMLE, National Board and LMCC examinations or acceptable combinations thereof. All steps of the licensure examination must be passed within seven (7) years unless otherwise prohibited by applicable law. The sole exception shall be applicants who have completed a MD/PhD combined education. Such applicants must pass all steps of the licensure examination within ten (10) years.
(c)    The following applies to all applicants regarding examinations failures unless otherwise prohibited by applicable law:
(1)    Any applicant who fails any part of a licensing examination three times will not be eligible for a license. A score of incomplete shall be considered a failing score. The USMLE Step 2-Clinical Knowledge and Step 2-Clinical Skills shall be considered as separate steps.
(2)    If a combination of NBME, FLEX and/or USMLE is utilized, any applicant who has failed more than six (6) examinations will not be eligible for a license.
(3)    If an applicant has achieved certification by an American Board of Medical Specialties (ABMS) Board, an exception to 435:10-4-7 (c) (1) and (2) may be granted by a vote of the Board.
(d)    To apply for licensure by endorsement, an applicant shall submit an application as required by 435:10-4-4 and 435:10-4-5, as applicable.
(e)    In addition, the applicant shall provide information to the Board, on a form created by the Board, in regard to the applicant's current license and previous examination.
(f)    In the event an applicant is not qualified for licensure by endorsement, the applicant may, upon payment of applicable fees, sit for licensure examination authorized by this rule or apply for a special license as set forth in Subchapter 11 of this Chapter.
[OAR Docket #06-1229; filed 7-10-06]


Permanent Final Adoptions
An agency may promulgate rules on a permanent basis upon "final adoption" of the proposed new, amended, or revoked rules. "Final adoption" occurs upon approval by the Governor and the Legislature, or upon enactment of a joint resolution of approval by the Legislature. Before proposed permanent rules can be reviewed and approved/disapproved by the Governor and the Legislature, the agency must provide the public an opportunity for input by publishing a Notice of Rulemaking Intent in the Register.
Permanent rules are effective ten days after publication in the Register, or on a later date specified by the agency in the preamble of the permanent rule document.
Permanent rules are published in the Oklahoma Administrative Code, along with a source note entry that references the Register publication of the permanent action.
For additional information on the permanent rulemaking process, see 75 O.S., Sections 303, 303.1, 303.2, 308 and 308.1.

TITLE 150.  Oklahoma Department of Commerce
CHAPTER 65.  Oklahoma Quality Jobs Program
[OAR Docket #06-1230]
RULEMAKING ACTION:
PERMANENT Final Adoption
RULES:
Subchapter 6. Small Employer Quality Jobs Program
150:65-6-4. [AMENDED]
AUTHORITY:
The legislation establishing the Oklahoma Department of Commerce 74 O.S. §§ 5001 et seq., and the Oklahoma Quality Jobs Program 68 O.S. §§ 3601 et seq.
DATES:
Comment period:
January 17, 2006 through February 17, 2006
Public hearing:
February 21, 2006
Adoption:
February 21, 2006
Submitted to Governor:
February 24, 2006
Submitted to House:
February 24, 2006
Submitted to Senate:
February 24, 2006
Gubernatorial approval:
April 4, 2006
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on April 21, 2006.
Final adoption:
April 21, 2006
Effective:
August 25, 2006
SUPERSEDED EMERGENCY ACTIONS:
N/A
INCORPORATIONS BY REFERENCE:
N/A
ANALYSIS:
This action is to correct a printing error as in regards to the above referenced amended rule.
CONTACT PERSON:
Donald R. Hackler, Jr. (405) 815-5359
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF AUGUST 25, 2006:
SUBCHAPTER 6.  Small Employer Quality Jobs Program
150:65-6-4.  Approval of Application
(a)    If the applicant meets the criteria listed in the Small Employer Incentives Act, the Department will approve the applicant for acceptance into the Small Employer Incentives Program, and will establish a start date and the baseline employment to be used in determining the number of new direct jobs that are created by the applicant. After an incentive contract is recommended by the Department, the office of General Counsel shall prepare an incentive contract for the Director's review and signature. The signed incentive contract shall then be forwarded to the establishment. An incentive contract may be accepted by the establishment within sixty (60) days of the date of signing by the Director.
(b)    Thereafter, the Director will develop an incentive offer to the applicant which will set forth the following The incentive contract shall be in a form prescribed by the Department which shall include the following information:
(1)    The estimated net direct state benefits which is the maximum amount of incentive payments available The net benefit rate which will be multiplied by verified gross quality payroll to determine the amount of quarterly payments provided the establishment has met the requirements for the average annual wage and creation and maintenance of the threshold of new direct jobs as specified in the incentive contract;
(2)    The project start date relating to the incentive offer;
(3)    The baseline employment;
(4)    The maximum total incentives which may be paid to the applicant under the Small Employer Incentive Program The number of new direct jobs threshold and the date by which such jobs must be in place; and
(5)    The date as specified in the application on which the automatic payments will begin provided all other requirements of the Small Employer Incentives Act have been met; and
(56)    Any other information the Department deems necessary.
(c)    The incentive offer shall then be forwarded to the applicant. Upon acceptance and certification of the incentive offer, the applicant shall return the incentive offer to the Department by certified mail with return receipt requested or by personal delivery or by other means acceptable to the Department. Upon execution of the incentive contract, the establishment shall return the incentive contract to the Department. The original incentive contract, signed by the chief executive officer or authorized representative, shall be returned to the Department by certified mail with return receipt requested or by personal delivery or by other means acceptable to the Department.
(d)    For all purposes of the Small Employer Incentives Act, the effective date of approval of the incentive offer will be the date the signed and accepted incentive is received by the Department; provided, however, the approved project may have a start date which is prior to or later than the effective date of approval.
[OAR Docket #06-1230; filed 7-18-06]

TITLE 595.  Department of Public Safety
CHAPTER 10.  Driver Licenses and Identification Cards
[OAR Docket #06-1234]
RULEMAKING ACTION:
PERMANENT final adoption.
RULES:
Subchapter 1. Procedures for Obtaining and Maintaining a Driver License or Identification Card
Part 2. Application for Initial Driver License
595:10-1-3. Procedures for obtaining an initial driver license [AMENDED]
595:10-1-5. Graduated driver license; persons under eighteen (18) years of age [NEW]
595:10-1-6. Application for a Class D driver license for persons eighteen (18) years of age or older; Class D driving privileges; restrictions and conditions [AMENDED]
Part 3. Driver License Renewal
595:10-1-10. Procedure for obtaining a renewal driver license [AMENDED]
595:10-1-12. Oklahoma licensee temporarily residing out of the state [AMENDED]
Part 5. Driver License Replacement
595:10-1-18. Procedure for obtaining a replacement driver license [AMENDED]
595:10-1-19. Oklahoma licensee temporarily residing out of the state [NEW]
Part 7. Identification Cards
595:10-1-25. Procedure for obtaining an identification card [AMENDED]
595:10-1-26. Procedure for obtaining a renewal identification card [AMENDED]
595:10-1-27. Procedure for obtaining a replacement identification card [AMENDED]
595:10-1-28. Oklahoma identification card holder temporarily residing out of the state [NEW]
Part 9. Change of Name on a Driver License or Identification Card
595:10-1-35. Procedure to make a change of name on a driver license or an identification card [AMENDED]
Part 13. Motor License Agents
595:10-1-50. Identification required [AMENDED]
595:10-1-51. Operational procedures [AMENDED]
595:10-1-52. Photographic procedures [AMENDED]
595:10-1-56. RenewalsRenewal of driver license or identification cards [AMENDED]
595:10-1-57. Replacement of driver license or identification card [AMENDED]
595:10-1-58. Restrictions and endorsements on driver licenses [AMENDED]
595:10-1-64. Identification cardscard application and renewal [AMENDED]
Part 15. Revocation and Reinstatement of Driver License
595:10-1-76. Ignition interlock requirement for reinstatement [NEW]
Part 19. Driver License and Identification Card Content
595:10-1-91. Information displayed on driver licenses [AMENDED]
595:10-1-93. Information displayed on identification cards [AMENDED]
Subchapter 3. Examination
595:10-3-4. Application for examination [AMENDED]
Subchapter 5. Medical Aspects
595:10-5-12. Alcohol and/or other intoxicating substance abuse [AMENDED]
AUTHORITY:
Commissioner of Public Safety; 47 O.S. § 6-101.
DATES:
Comment Periods:
January 3, 2006, through February 3, 2006
Public Hearing:
February 3, 2006
Adoption:
March 28, 2006
Submitted to Governor:
March 29, 2006
Submitted to House:
March 29, 2006
Submitted to Senate:
March 29, 2006
Gubernatorial approval:
May 11, 2006
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 24, 2006.
Final Adoption:
May 24, 2006
Effective:
August 25, 2006
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
n/a
ANALYSIS:
Amendments would clarify, update, and establish procedures relating to driver licenses in general, graduated driver licenses, ignition interlock devices, and motor license agent activities.
The proposed actions are new rules or amendments to existing rules.
The circumstances, other than clarifying language, which created the need for these rules are the passage and approvel of EHB 1308 (2001) [related to digital driver licenses], EHB 1653 (2001) [related to graduated driver license], and EHB 1304 (2001) [related to ignition interlock devices].
The intended effect of these rules is to allow the Department of Public Safety to perform its duties as required or authorized by law.
CONTACT PERSON:
David W. Beatty, Administrative Rules Liaison, Department of Public Safety, 3600 N. M.L. King Ave., P.O. Box 11415, Oklahoma City, OK 73136-0415. Phone: (405) 425-2024. Email: dbeatty@dps.state.ok.us.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF AUGUST 25, 2006:
SUBCHAPTER 1.  Procedures for Obtaining and Maintaining a Driver License or Identification Card
PART 2.  APPLICATION FOR INITIAL DRIVER LICENSE
595:10-1-3.  Procedures for obtaining an initial driver license
(a)     Application. Every applicant for an initial Oklahoma driver license must first appear before a Driver License Examiner [47 O.S. §6-110]. An application for a driver license must be completed by the applicant at the Driver License Examination Station prior to the commencement of the required examination. Upon submitting a completed and approved application, providing proof of identity [see (b) regarding required identification documents], meeting all statutory requirements, and successfully completing every required examination [see Subchapter 3 of this Chapter relating to examinations], the applicant may then proceed to a motor license agent or the Department of Public Safety Headquarters, Driver License Services Bureau Division, with a DL-10 form with primary and secondary identification presented to the examiner, issued by the Driver License Examiner, and pay the required fees and be issued a driver license.
(b)     Required identification. Every applicant must furnish both primary and secondary documentary proof of identity and proof of full legal name and birth date beyond any reasonable doubt when applying for an initial Oklahoma driver license [47 O.S. § 6-101(L)]. Any document furnished must be either a certified or original copy and issued by the proper authority; notarized documents will not be accepted. Any document that has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with, or altered in any manner or that can not be read by the Driver License Examiner shall not be accepted or used for identification purposes. All identification documents must be approved by the Examiner before acceptance. The Examiner may, at his or her discretion, request additional identification documentation of the applicant.
(1)     Primary proof of identification. The following shall be accepted as primary proof of identification:
(A)    Certified birth certificate, as issued by the appropriate state agency from the state of birth, or for a United States citizen who is born in another country, a certification issued by the United States Department of State. A sealed Hospital Birth Certificate will hospital birth certificate or record shall not be accepted. A birth registration is not acceptable,
(B)    Passport. The name on the passport must be the same as the name used by the applicant on the driver license or identification card. An I-94 card, which must be accompanied by the applicant's passport when applicable, shall not be considered a separate identification document. The following passport classifications shall not be accepted:
(i)    B-1, temporary visitor for business,
(ii)    B-2, temporary visitor for pleasure,
(iii)    C-1, alien in continuous transit through the United States,
(iv)    C-2, alien and family in transit to the United Nations,
(v)    C-3, foreign government official and family transiting the United States,
(vi)    D-1, member of ship's crew who can not change ships or employers,
(vii)    D-2, member of ship's crew who may change ship's or employers,
(viii)    I-185/586, Mexican or Canadian nationals with border crossing, cards
(ix)    I-444, Mexican or Canadian nationals with border crossing cards,
(x)    Q, international cultural exchange visitor,
(xi)    TWOV, transit without visa,
(xii)    WT, visa waiver pilot program for tourist, or
(xiii)    WB, visa waiver pilot program for business,
(C)    Identification documents issued by the United States Armed Services:
(i)    Military discharge (DD-214), unless specified not to be used for identification,
(ii)    Military identification card, or
(iii)    Military dependent identification card,
(D)    United States Bureau of Indian Affairs identification card or a Oklahoma tribal photo identification card which identifies the person and includes the following information:
(i)    color photograph of the person,
(ii)    full legal name of the person,
(iii)    birth date of the person,
(iv)    signature of the person,
(v)    signature of person who verifies records, and
(vi)    tribal seal.
(E)    State of Oklahoma identification card issued by Department of Public Safety,
(F)    Documents issued by the United States Immigration and Naturalization Service. The name on the document must be the same as the name used by the applicant on the driver license or identification card:
(i)    Citizenship naturalization documents, or
(ii)    Alien registration card,
(G)    Out-of-state driver license.
(H)    Oklahoma driver license, or
(I)    Finger image comparison, if a Department-generated finger image is already on file with the Department,
(J)    The applicant is personally known by the motor license agent (renewal or replacement only), or
(K)    If none of the forms of identification listed in this paragraph are available, any other documentation as approved by the Driver License Examiner Supervisor or Director, and listed on the DL-10 form by the Driver License Examiner.
(2)     Secondary proof of identification. The following shall be accepted as secondary proof of identification:
(A)    Any primary proof of identification listed in (1) of this subsection not used as the primary identification document of the applicant,
(B)    For any person under the age of 18, an affidavit signed by the parent or legal guardian,
(C)    Photo identification card that is issued by an Oklahoma:
(i)    public, private, or parochial secondary school,
(ii)    institution of higher education,
(iii)    technology center school, or
(iv)    employer,
(D)    Oklahoma gun permit,
(E)    Pilot license,
(F)    Oklahoma lifetime hunting or fishing license,
(G)    Oklahoma voter identification card,
(H)    Social Security card,
(I)    Health insurance card,
(J)    Motor vehicle registration or title,
(K)    Marriage certificate,
(L)    Separation or divorce judgment,
(M)    High school, technology center school, college, or university diploma
(N)    Professional degree, certificate, or license,
(O)    Deed or title to property in Oklahoma, including a burial plot deed,
(P)    Health, life, or home insurance policy issued to the applicant,
(Q)    Automobile insurance policy or security verification form issued to the applicant,
(R)    A valid U.S.D.O.T. health card, as required by 49 C.F.R. Part 391,
(S)    Digital photograph comparison, if a Department-generated digital photograph is already on file with the Department,
(T)    The applicant is personally known by the motor license agent, or
(U)    If none of the forms of identification listed in this paragraph are available, any other documentation as approved by the Driver License Examiner Supervisor or Director, and listed on the DL-10 form by the Driver License Examiner.
(3)     Additional identification requirements. The Department may require additional identification documents:
(A)    when the Department is unable to determine the reliability or validity of the identification document(s) presented, or
(B)    as provided in OAC 595:10-1-35.
(c)     Driver license numbers.
(1)    Driver license numbers will be assigned by computer. Use of the applicant's Social Security number as the driver license number is prohibited [47 O.S. § 6-106(B)].
(2)    Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to the Department. Upon approval by the Department, the licensee shall obtain a replacement driver license from a motor license agent, and the licensee shall pay the required fee for the replacement license [see OAC 595:10-1-18 regarding replacement driver licenses]. The driver license number may be changed no more than two (2) times in any four-year period without prior approval of the Driver License Fraud Division of the Department.
595:10-1-5.  Graduated driver license; persons under eighteen (18) years of age
(a)     Purpose. The purpose of this Section is to establish the procedures for a person under the age of eighteen (18) years to apply for and be issued a Class D driver license and whose parent has not filed an objection with the Department prohibiting the licensing of the person [47 O.S. § 6-103.1].
(b)     Exclusions. This Section does not apply to motorcycles and other motor-driven cycles.
(c)     Learner Permit. A person at least 15 1/2 but less than 16, who is enrolled in or has successfully completed a driver education course, or a person at least 16, with or without driver education, may make application to the Department for a Learner Permit. The Department will issue a Learner Permit under this subsection if the Department approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1)     Application requirements. The applicant shall meet the following requirements before the Department grants driving privileges to operate a Class D motor vehicle and issues a learner permit to the person.
(A)    The applicant shall provide proof of identity and other required documentation [see (2)], submit all application information, sign the application, and successfully pass the vision and written tests. The applicant shall have his or her driver license application signed by a parent or guardian, or by a responsible adult if there is no parent or guardian [47 O.S. § 6-107(A)].
(B)    Documentation shall be submitted proving:
(i)    compliance with the school attendance requirements prescribed in 47 O.S. § 6-107.3,
(ii)    successful passage of the eighth grade reading test as prescribed in 47 O.S. § 6-107.3(A)(2) and 70 O.S. § 1210.515,
(iii)    for an applicant at least 15 1/2 but less than 16, documentation of enrollment in or successful completion of a driver education course as defined in 47 O.S. § 6-105(C)(1). If the applicant is 16 or older and has successfully completed a driver education course, documentation shall be submitted.
(2)     Driving restrictions. The permittee is authorized to operate a Class D motor vehicle only while accompanied by a licensed driver who is at least twenty-one (21) years of age and who is actually occupying a seat beside the permittee [47 O.S. § 6-105(C)(2)].
(3)     Other information. During the period the permittee is issued and possesses a Learner permit, the custodial legal parent or legal guardian shall ensure that the permittee has received a minimum of forty (40) hours of actual behind-the-wheel training, of which at least (10) hours of such training was at night, from a licensed driver who was at least twenty-one (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years [47 O.S. §6-105(D)(1)(c)].
(d)     Intermediate License. When a permittee has applied for, been issued, and has possessed a Learner Permit for a minimum of six (6) months [47 O.S. § 6-105(D)(1)(a)], the permittee may apply to the Department for an Intermediate License.
(1)     Application requirements. The permittee shall meet the following requirements before the Department grants driving privileges to operate a Class D motor vehicle and issues an Intermediate License to the permittee.
(A)    The permittee shall provide proof of identity and successfully pass the driving skills tests,
(B)    The person must not have been convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(D)(1)(b)], and
(C)    the permittee's parent or legal guardian shall certify to the Department by sworn affidavit that the permittee has received a minimum of forty (40) hours of actual behind-the-wheel training, of which at least (10) hours of such training was at night, from a licensed driver who was at least twenty-one (21) years of age and who was properly licensed to operate a Class D motor vehicle for a minimum of two (2) years [47 O.S. §6-105(D)(1)(c)], and
(2)     Driving restrictions. The intermediate licensee shall be:
(A)    restricted to driving:
(i)    only between the hours of 5:00 a.m. and 11:00 p.m., except for driving to and from work, school, school activities, and church activities, or
(ii)    at any time, if a licensed driver who is at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee, and
(B)    shall not operate a motor vehicle with more than one passenger unless:
(i)    all passengers live in the same household as the custodial legal parent or legal guardian, or
(ii)    a licensed driver at least twenty-one (21) years of age is actually occupying a seat beside the intermediate Class D licensee. [47 O.S. § 6-105(D)(2)].
(e)     Class D driver license. An intermediate licensee may apply to the Department for a Class D driver license if the licensee has applied for, been issued and possessed an Intermediate License for a minimum of:
(1)    one (1) year, or
(2)    six (6) months, if the person has completed both the driver education and the parent-certified behind-the-wheel training provisions of subparagraph c of paragraph 1 of subsection D of this section [47 O.S. § 61-05(E)(1)].
(A)     Application requirements. The licensee shall meet the following requirements before the Department grants driving privileges to operate a Class D motor vehicle and issues a Class D driver license to the licensee.
(i)    The licensee shall provide proof of identity and successfully pass the driving skills tests.
(ii)    The licensee must not have been convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(D)(1)(b)].
(B)     Driving restrictions. The Department may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].
(f)     Persons licensed by another jurisdiction. A person who, at the time of application, is licensed by another jurisdiction may apply for driving privileges under this Section. As used in this subsection, "another jurisdiction" means one of the fifty (50) states, the District of Columbia, or a Canadian province.
(1)     Learner Permit. If the person is operating under a learner permit, or equivalent, issued by another jurisdiction, the person may apply for:
(A)    A Learner Permit, as provided in subsection (c); provided, a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit; or
(B)    An Intermediate License, as provided in subsection (d), if driving privileges granted by another jurisdiction have been in effect for a minimum of six (6) months; provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License.
(2)     Intermediate License. If the person is operating under an intermediate license, or equivalent, issued by another jurisdiction, the person may apply for:
(A)    A Learner Permit, as provided in subsection (c); provided, a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit;
(B)    An Intermediate License, as provided in subsection (d); provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License; or
(C)    A Class D Driver License, as provided in subsection (e), if driving privileges granted by another jurisdiction have been in effect for a minimum of twelve (12) months; provided, a person who is less than sixteen and one half (16 1/2) years of age shall not be issued a Class D Driver License; or
(3)     Class D Driver License. If the person is operating under a Class D Driver License, or equivalent, issued by another jurisdiction, the person may apply for:
(A)    A Learner Permit, as provided in subsection (c); provided, a person who is less than fifteen and one half (15 1/2) years of age shall not be issued a Learner Permit;
(B)    An Intermediate License, as provided in subsection (d); provided, a person who is less than sixteen (16) years of age shall not be issued an Intermediate License; or
(C)    A Class D Driver License, as provided in subsection (e), if driving privileges granted by another jurisdiction have been in effect for a minimum of twelve (12) months; provided, a person who is less than sixteen and one half (16 1/2) years of age shall not be issued a Class D Driver License.
(4)     Considerations.
(A)    Credit shall be given for the time driving privileges have been granted and in effect, as evidenced by another jurisdiction. Evidence of driving privileges shall be confirmed by the issuance date on the permit or license from another jurisdiction, by the issuance date provided by the other jurisdiction, or both; provided, the earliest date shall be the date used to calculate credit.
(B)    Examinations may be waived as provided in OAC 595:10-3-9(h).
595:10-1-6.  Application for a Class D driver license for persons eighteen (18) years of age or older; Class D driving privileges; restrictions and conditions
(a)     Exclusions. This Section does not apply to motorcycles and other motor-driven cycles.
(b)     Definition. In addition to terms defined in 47 O.S. §1-101 et seq., the following term, when used in this Section, shall have the following meaning unless the context clearly indicates otherwise. Use of the singular term includes the plural, and use of the plural term includes the singular. "Driver education course" means:
(1)    a prescribed secondary school driver education course, as provided for in Sections 19-113 through 19-121 of Title 70 of the Oklahoma Statutes, or
(2)    a driver education course, certified by the Department of Public Safety, from a parochial, private, or other nonpublic secondary school, or
(3)    a commercial driver training course, as defined by Sections 801 through 808 of this title [47 O.S. § 6-105(A)(2)].
(c)     Restrictions and conditions. The following restrictions and conditions, depending upon age, ability, other factors, or statutory requirements, may be imposed on a person before the Department grants driving privileges to operate a Class D motor vehicle and issues a restricted or an unrestricted Class D driver license to the person.
(1)    The person must submit documentation of compliance with the school attendance requirements prescribed in 47 O.S. § 6-107.3.
(2)    The person's parent or guardian must not have filed an objection with the Department prohibiting the licensing of the person [47 O.S. § 6-103.1].
(3)    If the person has been issued a restricted driver license, the restricted driver license must have been in effect for at least 30 days before the person may apply for and be issued an unrestricted driver license [47 O.S. § 6-105(A)].
(4)    The person must not have been convicted of, pled guilty to, or pled no contest to any moving vehicle violation [47 O.S. § 6-105(A)(4)].
(5)    The person must have his or her driver license application signed by a parent or guardian, or by a responsible adult if there is no parent or guardian [47 O.S. § 6-107(A)].
(6)    The person must have successfully completed a driver education course and must submit in person to a driver examiner of the Department the driver education course completion certificate [47 O.S. 6-105(A)].
(7)    If the person has not successfully completed a driver education course and submitted in person to a driver examiner of the Department the driver education course completion certificate, the person [47 O.S. § 6-105(A)(3)]:
(A)    is limited to driving:
(i)    only during daylight hours, except for driving to and from:
(I)    work,
(II)    school,
(III)    school activities, and
(IV)    church activities; or
(ii)    at any time, if a licensed parent or guardian is a passenger in the front seat of the vehicle; and
(B)    may not operate a motor vehicle with more than one passenger unless:
(i)    all passengers live in the same household as the driver, or
(ii)    the licensed parent or guardian is a passenger in the front seat of the vehicle.
(8)    The person must currently [47 O.S. §6-105(A)(2)(a)] be receiving instruction in a driver education course, or the person's parent or legal guardian must certify to the Department by sworn affidavit that the person will receive a minimum of twenty-five (25) hours of actual behind-the-wheel training from a licensed driver who is at least twenty-one (21) years of age and who has been properly licensed to operate a Class D motor vehicle for a minimum of two (2) years [47 O.S. §6-105(A)(2)(b)].
(9)    The person must be accompanied by a licensed driver who is at least twenty-one (21) years of age and who is actually occupying a seat beside the restricted Class D licensee [47 O.S. § 6-105(A)(2)]. This is mandatory for anyone less than 16 years of age and for anyone who does not pass the driving skills examination portion of the driver license examination.
(d)     Persons at least 15 1/2 but less than 16 years of age. A person at least 15 1/2 but less than 16 years of age may make application for a Class D driver license. The Department will issue a restricted or an unrestricted Class D driver license under this subsection if the Department approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1)     Restricted Class D driver license. A person may be issued a restricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    (c)(1), (c)(2), (c)(3), (c)(5), and (c)(9) of this Section, and
(B)    either:
(i)    (c)(6) of this Section, or
(ii)    (c)(7) and (c)(8) of this Section.
(2)     Unrestricted Class D driver license. A persons less than 16 years of age is not eligible for an unrestricted Class D driver license [47 O.S. § 6-105(A)(2)].
(3)     Other Restrictions and Conditions. The Department may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113]. If the person is subject to the restrictions and conditions prescribed in (c)(7) and (c)(8) of this Section, the accompanying licensed driver required by (c)(9) of this Section must:
(A)    be the driver's parent or guardian if the driver is transporting other passengers, any of whom do not live in the driver's household; or
(B)    live in the driver's household if the driver is transporting other passengers, all of whom live in the driver's household.
(4)     Removing restrictions and conditions. Until the person attains 16 years of age, the restrictions and conditions prescribed in (c) of this Section may be removed or will cease to have effect as described in this paragraph. Upon the person attaining 16 years of age, restrictions and conditions may be removed or cease to have effect as described in (e)(4) of this Section.
(A)    The restrictions and conditions prescribed in (c)(7) and (c)(8) of this Section may be removed upon the person meeting the conditions prescribed in (c)(6) of this Section, and the person shall not be subject to (c)(3) of this Section.
(B)    The restriction and conditions prescribed in (c)(9) of this Section must remain in effect until the person attains at least 16 years of age. After that time, the restriction and conditions may be removed upon the person passing the driving skills examination portion of the driver license examination, if the restricted driver license has been in effect for at least 30 days as required by (c)(3) of this Section.
(C)    The conditions prescribed in (c)(6) of this Section must remain in effect until the person attains at least 16 years of age.
(D)    The conditions prescribed in (c)(1) and (c)(2) of this Section will remain in effect until the person attains 18 years of age.
(e)     Persons at least 16 years of age but less than 16 1/2 years of age. A person at least 16 but less than 16 1/2 years of age may make application for a Class D driver license. The Department will issue a restricted or an unrestricted Class D driver license under this subsection if the Department approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1)     Restricted Class D driver license. A person may be issued a restricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    The person shall be subject to (c)(1), (c)(2), and (c)(3) of this Section;
(B)    The person shall be subject to (c)(9) of this Section, if the person has not passed the driving skills examination portion of the driver license examination; and
(C)    If the person is:
(i)    enrolled in a public school district that offers driver education to the person,
(ii)    enrolled in a parochial, private, or other nonpublic school that offers driver education to the person,
(iii)    enrolled in a parochial, private, or other nonpublic school that does not offer driver education to that person, but resides in a public school district that offers driver education to the person, or
(iv)    home schooled or is otherwise in compliance with school attendance requirements [47 O.S. § 6-107.3] and resides in a public school district that offers driver education to the person;
(I)    the person shall be subject to (c)(6) of this Section, or
(II)    the person shall be subject to (c)(7) of this Section.
(2)     Unrestricted Class D driver license. A person may be issued an unrestricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    The person shall be subject to (c)(1) and (c)(2) of this Section;
(B)    The person shall be exempt from (c)(6) and (c)(7) of this Section, if the person submits in person to a driver examiner of the Department that the person is:
(i)    enrolled in a public school district that does not offer driver education to the person,
(ii)    enrolled in a parochial, private, or other nonpublic school that does not offer driver education to that person and resides in a public school district that does not offer driver education to the person, or
(iii)    home schooled or is otherwise in compliance with school attendance requirements [47 O.S. § 6-107.3] and resides in a public school district that does not offer driver education to the person; and
(C)    The person shall be subject to the requirements of (4) of this subsection, if the person was first issued a restricted driver license.
(3)     Other Restrictions and Conditions. The Department may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].
(4)     Removing restrictions and conditions. Until the person attains 16 1/2 years of age, the restrictions and conditions prescribed in (c) of this Section may be removed or will cease to have effect as described in this paragraph. Upon the person attaining 16 1/2 years of age, restrictions and conditions may be removed or cease to have effect as described in (f)(4) of this Section.
(A)    The restrictions and conditions prescribed in (c)(7) of this Section may be removed upon the person meeting the conditions prescribed in (c)(6) of this Section, and the person shall not be subject to (c)(3) of this Section.
(B)    The restriction and conditions prescribed in (c)(9) of this Section may be removed upon the person passing the driving skills examination portion of the driver license examination, if the restricted driver license has been in effect for at least 30 days as required by (c)(3) of this Section.
(C)    The conditions prescribed in (c)(1) and (c)(2) of this Section will remain in effect until the person attains 18 years of age.
(f)     Persons at least 16 1/2 but less than 17 years of age. A person at least 16 1/2 but less than 17 years of age may make application for a Class D driver license. The Department will issue a restricted or an unrestricted Class D driver license under this subsection if the Department approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1)     Restricted Class D driver license. A person may be issued a restricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    The person shall be subject to (c)(1), (c)(2), and (c)(3) of this Section;
(B)    The person shall be subject to (c)(9) of this Section, if the person has not passed the driving skills examination portion of the driver license examination; and
(C)    If the person is:
(i)    enrolled in a public school district that offers driver education to the person,
(ii)    enrolled in a parochial, private, or other nonpublic school that offers driver education to the person,
(iii)    enrolled in a parochial, private, or other nonpublic school that does not offer driver education to that person, but resides in a public school district that offers driver education to the person, or
(iv)    home schooled or is otherwise in compliance with school attendance requirements [47 O.S. § 6-107.3] and resides in a public school district that offers driver education to the person;
(I)    the person shall be subject to (c)(6) of this Section, or
(II)    the person shall be subject to (c)(7) of this Section.
(2)     Unrestricted Class D driver license. A person may be issued an unrestricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    The person shall be subject to (c)(1), (c)(2), and (c)(3) of this Section;
(B)    The person shall be exempt from (c)(6) and (c)(7) of this Section, if the person submits in person to a driver examiner of the Department that the person is:
(i)    enrolled in a public school district that does not offer driver education to the person,
(ii)    enrolled in a parochial, private, or other nonpublic school that does not offer driver education to that person and resides in a public school district that does not offer driver education to the person, or
(iii)    home schooled or is otherwise in compliance with school attendance requirements [47 O.S. § 6-107.3] and resides in a public school district that does not offer driver education to the person; and
(C)    The person shall be subject to the requirements of (4) of this subsection, if the person was first issued a restricted driver license.
(3)     Other Restrictions and Conditions. The Department may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].
(4)     Removing restrictions and conditions. Until the person attains 17 years of age, the restrictions and conditions prescribed in (c) of this Section may be removed or will cease to have effect as described in this paragraph. Upon the person attaining 17 years of age, restrictions and conditions may be removed or cease to have effect as described in (g)(4) of this Section.
(A)    The person must meet the conditions of (c)(4) of this Section.
(B)    The restrictions and conditions prescribed in (c)(7) of this Section may be removed upon the person meeting the conditions prescribed in (c)(6) of this Section, and the person shall not be subject to (c)(3) of this Section.
(C)    The restriction and conditions prescribed in (c)(9) of this Section may be removed upon the person passing the driving skills examination portion of the driver license examination, if the restricted driver license has been in effect for at least 30 days as required by (c)(3) of this Section.
(D)    The conditions prescribed in (c)(1) and (c)(2) of this Section will remain in effect until the person attains 18 years of age.
(g)     Persons at least 17 but less than 18 years of age. A person at least 17 but less than 18 years of age may make application for a Class D driver license. The Department will issue a restricted or an unrestricted Class D driver license under this subsection if the Department approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1)     Restricted Class D driver license. A person may be issued a restricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    (c)(1) and (c)(2) of this Section, and
(B)    (c)(9) of this Section, if the person has not passed the driving skills examination portion of the driver license examination.
(2)     Unrestricted Class D driver license. A person may be issued an unrestricted driver license under this subsection, subject to the following restrictions and conditions:
(A)    The person shall be subject to (c)(1) and (c)(2) of this Section, and
(B)    The person shall be subject to the requirements of (4) of this subsection, if the person was first issued a restricted driver license.
(3)     Other Restrictions and Conditions. The Department may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].
(4)     Removing restrictions and conditions. Until the person attains 18 years of age, the restrictions and conditions prescribed in (c) of this Section may be removed or will cease to have effect as described in this paragraph. Upon the person attaining 18 years of age, restrictions and conditions may be removed or cease to have effect as described in (h)(3) of this Section.
(A)    The restriction and conditions prescribed in (c)(9) of this Section may be removed upon the person passing the driving skills examination portion of the driver license examination, if the restricted driver license has been in effect for at least 30 days as required by (c)(3) of this Section.
(B)    The conditions prescribed in (c)(1) and (c)(2) of this Section will remain in effect until the person attains 18 years of age.
(h)     Persons at least 18 years of age. A person at least 18 years of age may make application for a Class D driver license. The Department will issue a restricted or an unrestricted Learner Permit or Class D driver license under this subsection OAC 595:10-1-5 if the Department approves the application and if the person successfully passes all required examinations and is otherwise eligible for the driver license [47 O.S. §§ 6-103, 6-105].
(1)     Restricted Class D driver license Learner Permit. A person may be issued a restricted driver license Learner Permit under this subsection OAC 595:10-1-5, subject to the restrictions and conditions in (c)(9) of this Section stated therein, if the person has not passed the driving skills examination portion of the driver license examination.
(2)     Unrestricted Class D driver license. A person may be issued an unrestricted a Class D driver license under this subsection OAC 595:10-1-5. However, the person shall be subject to the requirements of (4) of this subsection, if the person was first issued a restricted driver license.
(3)     Other Restrictions and Conditions. The Department may restrict the driving privileges of any person as provided by law [47 O.S. § 6-113].
(4)     Removing restrictions and conditions. The restriction and conditions prescribed in (c)(9) of this Section may be removed upon the person passing the driving skills examination portion of the driver license examination, if the restricted driver license has been in effect for at least 30 days as required by (c)(3) of this Section.
PART 3.  DRIVER LICENSE RENEWAL
595:10-1-10.  Procedure for obtaining a renewal driver license
(a)     General requirements. During the month of expiration or as provided in (d) of this Section, each licensee shall present proper identification and pay the required fee to a Motor License Agent or to the Driver License Services Division of the Department of Public Safety for renewal of the driver license of the licensee. Failure to renew a driver license by the end of the month of expiration shall not relieve the person of the obligation to renew his or her driver license under the provisions required by law and this Section if the person wishes to keep his or her driver license in force.
(b)     Required identification.
(1)     Renewal with expiring or expired driver license. The expiring or expired driver license must shall be surrendered as the primary identification. The person must shall provide secondary identification as prescribed in OAC 595:10-1-3(b)(2).
(2)     Renewal without driver license.
(A)     Persons twenty-one (21) but less than twenty-seven (27) years of age. Any person at least twenty-one (21) but less than twenty-seven (27) years of age, must submit [47 O.S. § 6-114 (A)]:
(i)    as primary proof of identity, at a minimum a birth certificate [see OAC 595:10-1-3(b)(1)(A) regarding birth certificates], and
(ii)    a notarized affidavit of another licensed Oklahoma driver over the age of twenty-one (21) which verifies the identity of the applicant [47 O.S. § 6-114 (A)].
(B)     Other persons. Any other person, not subject to (A) of this paragraph, who does not have the expiring or expired driver license must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(c)     Limitations to issuance of a renewal driver license.
(1)    A renewal driver license will be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation, or denial and who complies with this Section.
(2)    Any applicant who requests a renewal of his or her driver license when the license has been expired in excess of three (3) years is required to appear before a Driver License Examiner, pursuant to OAC 595:10-1-2.
(d)     Early renewal of a driver license. Any licensee may renew his or her driver license no more than six (6) months prior to the expiration date. A renewal which occurs more than six (6) months prior to the expiration date shall be treated as a replacement under the provisions of OAC 595:10-1-18.
(e)     Change of driver license number.
(1)    Use of the licensee's Social Security number as the driver license number is prohibited. At the time of renewal, any licensee whose driver license number is his or her social security number must shall inform the Department or the motor license agent of that fact. If the numbers are the same, a new driver license number will be assigned for the licensee by computer [47 O.S. § 6-106(B)].
(2)    Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to the Department. Upon approval by the Department, the licensee shall obtain a replacement driver license from a motor license agent, and the licensee shall pay the required fee for the replacement license [see OAC 595:10-1-18 regarding replacement driver licenses]. The driver license number may be changed no more than two (2) times in any four-year period without prior approval of the Driver License Fraud Division of the Department.
(f)     Persons who may appear before a motor license agent. An individual who has previously held an Oklahoma Class D driver license which has been surrendered to another state in exchange for the other state's license, may apply directly to a motor license agent for renewal of the previous Oklahoma license, upon establishing Oklahoma residence and following the applicable procedure for renewal. The agent shall call the Driver License Services Division and request clearance to issue the license. If the clearance is given by the Department, the person shall surrender the out of state license to the agent, and the agent shall issue the Oklahoma license. If the out of state license has been lost or destroyed, the person shall provide to the motor license agent a notarized affidavit of that fact. In no case shall the out of state driver license be retained by the person when an Oklahoma license has been issued to the person. The agent shall retain the license and submit it to the Department with the agent's report. If clearance is not given, the person shall be informed to contact the state whose action is causing the clearance to be withheld.
595:10-1-12.  Oklahoma licensee temporarily residing out of the state
(a)    Any Oklahoma licensee who is temporarily residing out of the state may request the Department of Public Safety, Driver License Services Division, to renew his or her license by mail. The Oklahoma licensee shall mail copies of documentary evidence of his or her name and date of birth as required by OAC 595:10-1-10 (documents sent for verification will not be returne; therefore, original documents should not be sent), his or her driver license number, his or her photograph in passport style and quality, his or her signature, and the required fee for a driver license renewal along with his or her out-of-state address to:
(1)    Department of Public Safety, Driver License Services, P. O. Box 11415, Oklahoma City, Oklahoma 73136-0415; or
(2)    any motor license agent. Original documents should not be sent. Documents sent for verification will not be returned.
(b)    If the Department approves the renewal by mail, and:
(1)    the digital photograph and digital signature of the licensee are available from the files of the Department, the Department shall create the renewal license using that photo and signature; or
(2)    there is no digital photo and digital signature of the licensee available from the files of the Department, the Driver License Services will insert the wording: "VALID WITHOUT PHOTO AND SIGNATURE" in the area on the driver license where the photo of the applicant would normally appear and mail Department shall create the renewal driver license from the photograph and signature submitted.
(c)    The Department shall mail the renewal license to the out-of-state address provided by the licensee.
(d)    If the Department denies the renewal by mail, the Department will shall notify the licensee in writing of the denial and the reason for the denial.
(ce)    Class A, B, and C commercial driver licenses can not be renewed or replaced by mail. The licensee shall appear before a Driver License Examiner.
PART 5.  DRIVER LICENSE REPLACEMENT
595:10-1-18.  Procedure for obtaining a replacement driver license
(a)     General requirements. Any person requiring a replacement driver license because the license was lost, stolen, or mutilated or because information on the license needs to be changed may request a motor license agent to issue a replacement, upon presentation of proper identification and payment of the required fee.
(b)     Required identification to replace lost, stolen, or mutilated license.
(1)     Persons twenty-one (21) but less than twenty-seven (27) years of age. Any person at least twenty-one (21) but less than twenty-seven (27) years of age, must submit [47 O.S. § 6-114 (A)]:
(A)    as primary proof of identity, at a minimum a birth certificate [see OAC 595:10-1-3(b)(1)(A) regarding birth certificates], and
(B)    a notarized affidavit of another licensed Oklahoma driver over the age of twenty-one (21) which verifies the identity of the applicant [47 O.S. § 6-114 (A)].
(2)     Other persons. Any other person, not subject to (1) of this subsection must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(c)     Required identification to change information and replace a license.
(1)     Name change. Any person who requests a replacement driver license in order to make a name change must shall comply with the primary and secondary identification requirements prescribed in OAC 595:10-1-3(b) in order to identify the person by his or her former name and with OAC 595:10-1-35 in order to identify the person by his or her new name. The person requesting the name change must shall surrender to the motor license agent or the Department the license, if available, issued previous to the one being issued because of the name change.
(2)     Address change. Any person who requests a replacement driver license in order to make an address change must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b). The person requesting the address change must shall surrender to the motor license agent or the Department the license, if available, issued previous to the one being issued because of the address change.
(3)     Endorsement or restriction change. Any person who requests a replacement driver license in order to change endorsement or restriction information on the license must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b). The person requesting the information change must shall surrender to the motor license agent or the Department the license, if available, issued previous to the one being issued because of the information change.
(4)     Sex change. The applicant or licensee must shall show an original or certified court order for name change and a notarized statement on letterhead from the physician who performed the sex change operation indicating the applicant or licensee has undergone a complete physical sex change. The letter must shall state the sex change is "irreversible and permanent". The applicant or licensee must shall also show proof of former legal name. The former name shall be entered into the "Alias Field" in the driver license database to provide historical information to the Department. The person requesting the information change shall surrender to the motor license agent or the Department the license, if available, issued previous to the one being issued because of the information change.
(d)     Limitations to issuance of a replacement driver license.
(1)    A replacement driver license will be issued only to an individual whose driving privilege is not under suspension, revocation, disqualification, cancellation, or denial and who complies with this Section.
(2)    Only four (4) replacement Class D driver licenses shall be approved per renewal period without clearance from the Department of Public Safety. All Class A, B, and C replacement licenses require clearance from a Department of Public Safety Driver License Examiner.
(3)    The driver license number may be changed no more than two (2) times in any four-year period without prior approval of the Driver License Fraud Division of the Department.
(e)     Change of driver license number.
(1)    Use of the licensee's Social Security number as the driver license number is prohibited. At the time of replacement, any licensee whose driver license number is his or her social security number must shall inform the Department or the motor license agent of that fact. If the numbers are the same, a new driver license number will be assigned for the licensee by computer [47 O.S. § 6-106(B)].
(2)    Any licensee may request to change his or her driver license number to any nine-digit number by making a written request to the Department. Upon approval by the Department, the licensee shall obtain a replacement driver license from a motor license agent, and the licensee shall pay the required fee for the replacement. The driver license number may be changed no more than two (2) times in any four-year period without prior approval of the Driver License Fraud Division of the Department.
(f)     Persons who may appear before a motor license agent. An individual who has previously held an Oklahoma Class D driver license which has been surrendered to another state in exchange for the other state's license may apply directly to a motor license agent for replacement of the previous Oklahoma license, upon establishing Oklahoma residence and following the applicable procedure for replacement. The agent shall call the Driver License Services Division and request clearance to issue the license. If the clearance is given by the Department, the person shall surrender the out of state license to the agent, and the agent shall issue the Oklahoma license. If the out of state license has been lost or destroyed, the person shall provide to the motor license agent a notarized affidavit of that fact. In no case shall the out of state driver license be retained by the person when an Oklahoma license has been issued to the person. The agent shall retain the license and submit it to the Department with the agent's report. If clearance is not given, the person shall be informed to contact the state whose action is causing the clearance to be withheld.
595:10-1-19.  Oklahoma licensee temporarily residing out of the state
(a)    Any Oklahoma licensee who is temporarily residing out of the state may request the Department of Public Safety to replace his or her license by mail. The Oklahoma licensee shall mail copies of documentary evidence of his or her name and date of birth as required by OAC 595:10-1-10 (documents sent for verification will not be returned., therefore, original documents should not be sent), his or her driver license number, his or her photograph in passport style and quality, his or her signature, and the required fee for a driver license replacement along with his or her out-of-state address to:
(1)    Department of Public Safety, Driver License Services, P. O. Box 11415, Oklahoma City, Oklahoma 73136-0415; or
(2)    any motor license agent.
(b)    If the Department approves the replacement by mail and:
(1)    the digital photograph and digital signature of the licensee are available from the files of the Department, the Department shall create the replacement license using that photo and signature; or
(2)    there is no digital photo and digital signature of the licensee available from the files of the Department, the Department shall create the replacement driver license from the photograph and signature submitted.
(c)    The Department shall mail the replacement license to the out-of-state address provided by the licensee.
(d)    If the Department denies the replacement by mail, the Department shall notify the licensee in writing of the denial and the reason for the denial.
(e)    Class A, B, and C commercial driver licenses can not be replaced by mail. The licensee shall appear before a Driver License Examiner.
PART 7.  IDENTIFICATION CARDS
595:10-1-25.  Procedure for obtaining an identification card
(a)    A person wishing to obtain an identification card shall appear before a Driver License Examiner or, if the applicant has been issued a computerized format (digital) driver license for at least thirty (30) days, may appear before a motor license agent. The applicant will shall be required to furnish the same acceptable means of identification as when applying for a driver license [see OCA 595:10-1-3(b) regarding identification documents required] and complete the application form.
(b)    The If appearing before a Driver License Examiner, the Examiner will complete and, if appropriate, will approve the identification card application. A DL-10 form will be processed for the applicant.
(c)    The applicant shall take the DL-10 form, along with the identification presented to the Driver License Examiner at application time, to a motor license agency and pay the required fee.
(c)    When appearing before a motor license agent, the agent shall process the application for the applicant, collect the required fee from the applicant, and issue the identification card to the applicant.
(d)    Identification card numbers will be assigned by computer. Use of the applicant's Social Security number is prohibited [47 O.S. §§ 6-105(H) and 6-106(B)].
595:10-1-26.  Procedure for obtaining a renewal identification card
(a)     General requirements. During the month of expiration or as provided in (c) of this Section, any identification card holder, who wishes to keep his or her identification card in force, may present proper identification to a motor license agency and pay the required fee to a Motor License Agent or to the Driver License Services Division of the Department of Public Safety. Identification cards issued to individuals who have attained the age of 65 or older are issued for an indefinite period of time and are not subject to this Section. Failure to renew an identification card during the month of expiration shall not relieve the person of the obligation to renew the identification card under the provisions required by law and this Section if the person wishes to keep the identification card in force.
(b)     Required identification.
(1)     Renewal with expiring or expired identification card. The expiring or expired identification card must shall be surrendered as the primary identification. The person must shall provide secondary identification as prescribed in OAC 595:10-1-3(b)(2).
(2)     Renewal without identification card.
(A)     Persons twenty-one (21) but less than twenty-seven (27) years of age. Any person at least twenty-one (21) but less than twenty-seven (27) years of age, must submit [47 O.S. § 6-114 (A)]:
(i)    as primary proof of identity, at a minimum a birth certificate [see OAC 595:10-1-3(b)(1)(A) regarding birth certificates], and
(ii)    a notarized affidavit of another licensed Oklahoma driver over the age of twenty-one (21) which verifies the identity of the applicant [47 O.S. § 6-114 (A)].
(B)     Other persons. Any other person, not subject to (A) of this paragraph, who does not have the expiring or expired identification card must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(c)     Early renewal of an identification card. Any identification card holder may renew his or her identification card no not more than six (6) months prior to the expiration date. A renewal which occurs more than six (6) months prior to the expiration date shall be treated as a replacement under the provisions of OAC 595:10-1-27.
(d)     Change of identification card number. Use of the cardholder's Social Security number as the identification card number is prohibited. At the time of renewal, any cardholder whose identification card number is his or her social security number must inform the Department or the motor license agent of that fact. If the numbers are the same, a new identification card number will be assigned for the cardholder by computer [47 O.S. §§ 6-105(H) and 6-106(B)].
(e)     Persons who may appear before a motor license agent. An individual who has previously held an Oklahoma identification card may apply directly to a motor license agent for renewal of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for renewal.
595:10-1-27.  Procedure for obtaining a replacement identification card
(a)     General requirements. Any person requiring a replacement identification card because the card was lost, stolen, or mutilated or because information on the card needs to be changed may request a motor license agent or the Department to issue a replacement, upon presentation of proper identification and payment of the required fee.
(b)     Required identification to replace lost, stolen, or mutilated identification card.
(1)     Persons twenty-one (21) but less than twenty-seven (27) years of age. Any person at least twenty-one (21) but less than twenty-seven (27) years of age, must submit [47 O.S. § 6-114 (A)]:
(A)    as primary proof of identity, at a minimum a birth certificate [see OAC 595:10-1-3(b)(1)(A) regarding birth certificates], and
(B)    a notarized affidavit of another licensed Oklahoma driver over the age of twenty-one (21) which verifies the identity of the applicant [47 O.S. § 6-114 (A)].
(2)     Other persons. Any other person, not subject to (1) of this subsection must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(c)     Required identification to change information and replace an identification card.
(1)     Name change. Any person who requests a replacement identification card in order to make a name change must comply with the primary and secondary identification requirements prescribed in OAC 595:10-1-3(b) in order to identify the person by his or her former name and with OAC 595:10-1-35 in order to identify the person by his or her new name. The person requesting the name change must shall surrender to the motor license agent or the Department the card, if available, issued previous to the one being issued because of the name change.
(2)     Address change. Any person who requests a replacement identification card in order to make an address change must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b). The person requesting the address change must shall surrender to the motor license agent or the Department the card issued previous to the one being issued because of the address change.
(d)     Limitations to issuance of a replacement identification card. Only one (1) replacement identification card per renewal period shall be approved without clearance from the Department.
(e)     Change of identification card number. Use of the cardholder's Social Security number as the identification card number is prohibited. At the time of replacement, any cardholder whose identification card number is his or her social security number must shall inform the Department or the motor license agent of that fact. If the numbers are the same, a new identification card number will be assigned for the cardholder by computer [47 O.S. §§ 6-105(H) and 6-106(B)].
(e)     Persons who may appear before a motor license agent. An individual who has previously held an Oklahoma identification card may apply directly to a motor license agent for replacement of the previous Oklahoma identification card, upon establishing Oklahoma residence and following the applicable procedure for replacement.
595:10-1-28.  Oklahoma identification card holder temporarily residing out of the state
(a)    Any Oklahoma identification card holder who is temporarily residing out of the state may request the Department of Public Safety to renew or replace his or her identification card by mail. The Oklahoma card holder shall mail copies of documentary evidence of his or her name and date of birth as required by OAC 595:10-1-10 (documents sent for verification will not be returned., therefore, original documents should not be sent), his or her identification card number, his or her photograph in passport style and quality, his or her signature, and the required fee for a identification card renewal or replacement along with his or her out-of-state address to:
(1)    Department of Public Safety, Driver License Services, P. O. Box 11415, Oklahoma City, Oklahoma 73136-0415; or
(2)    any motor license agent.
(b)    If the Department approves the renewal or replacement by mail and:
(1)    the digital photograph and digital signature of the card holder are available from the files of the Department, the Department shall create the renewal or replacement identification card using that photo and signature; or
(2)    there is no digital photo and digital signature of the card holder available from the files of the Department, the Department shall create the renewal or replacement identification card from the photograph and signature submitted.
(c)    The Department shall mail the renewal or replacement identification card to the out-of-state address provided by the card holder.
(d)    If the Department denies the renewal or replacement by mail, the Department shall notify the card holder in writing of the denial and the reason for the denial.
PART 9.  CHANGE OF NAME ON A DRIVER LICENSE OR IDENTIFICATION CARD
595:10-1-35.  Procedure to make a change of name on a driver license or an identification card
(a)     Procedure. Any person may request a change of name on a driver license or identification card upon providing the appropriate identification and paying the required fee to a Motor License Agent or to the Department of Public Safety.
(b)     Name changes allowed. Name changes must result from either marriage or court action. A person requesting a legitimate name change must shall submit, without exception, the original document which indicates the name change.
(c)     Documentation required. A person requesting a name change shall comply with the primary and secondary identification requirements in OAC 595:10-1-3(b) in order to identify the person by his or her former name and OAC 595:10-1-18 in order to identify the person by his or her new name. The required documents for a name change shall include:
(1)    Court-ordered name change, which shall be in addition to the primary and secondary forms of identification required by OAC 595:10-1-3(b). Only the following types of court orders may be considered when a name change is requested:
(A)    divorce decree,
(B)    adoption decree,
(C)    name change decree, or
(D)    establishment of record of birth, pursuant to 63 O.S., Section 1-315,
(2)    Marriage License certificate, which may serve only as the secondary form of identification required by OAC 595:10-1-3(b). The name change shall be to the name signed by the person on the marriage certificate, or
(3)    For a common law marriage, "Affidavit of Common Law Marriage" containing the notarized signatures of the husband and wife. Both primary and secondary forms of identification as prescribed in OAC 595:10-1-3(b) must be submitted in addition to this affidavit.
(d)     Form of new name.
(1)    A name change resulting from marriage must shall appear on the driver license or identification card in one of the following forms:
(A)    [Surname of spouse], [First first name] [middle name or initial] [surname of spouse],
(B)    [Surname of spouse], [First first name] [former surname or initial] [surname of spouse], or
(C)    [Surname-surname of spouse], [First first name] [middle name or initial] [surname-surname of spouse], or
(D)    [Surname of spouse-surname], [first name] [middle name or initial].
(2)    A name change resulting from a court order or divorce decree must appear on the driver license or identification card exactly as stated on the court order or decree.
(e)     Titles or ecclesiastical names. Titles or ecclesiastical names will not be placed on a driver license or an identification card.
PART 13.  MOTOR LICENSE AGENTS
595:10-1-50.  Identification required
(a)     General requirements. Anyone applying for a renewal or replacement driver license or identification card must furnish documentary proof of identity, name, and birth date [47 O.S. §§ 6-114 and 6-115].
(b)     Required identification to renew driver licenses and identification cards.
(1)     Renewal with expiring or expired driver license or identification card. The expiring or expired driver license or identification card shall be surrendered as the primary identification. The person must provide secondary identification as prescribed in OAC 595:10-1-3(b)(2).
(2)     Renewal without driver license or identification card.
(A)     Persons twenty-one (21) but less than twenty-seven (27) years of age. Any person at least twenty-one (21) but less than twenty-seven (27) years of age, must submit [47 O.S. § 6-114 (A)]:
(i)    as primary proof of identity, at a minimum a birth certificate [see OAC 595:10-1-3(b)(1)(A) regarding birth certificates], and
(ii)    a notarized affidavit of another licensed Oklahoma driver over the age of twenty-one (21) which verifies the identity of the applicant [47 O.S. § 6-114 (A)].
(B)     Other persons. Any other person, not subject to (A) of this paragraph, who does not have the expiring or expired driver license or identification card must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(c)     Required identification to replace lost, stolen, or mutilated driver licenses and identification cards.
(1)     Persons twenty-one (21) but less than twenty-seven (27) years of age. Any person at least twenty-one (21) but less than twenty-seven (27) years of age, must submit [47 O.S. § 6-114 (A)]:
(A)    as primary proof of identity, at a minimum a birth certificate [see OAC 595:10-1-3(b)(1)(A) regarding birth certificates], and
(B)    a notarized affidavit of another licensed Oklahoma driver over the age of twenty-one (21) which verifies the identity of the applicant [47 O.S. § 6-114 (A)].
(2)     Other persons. Any other person, not subject to (1) of this subsection must shall provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b).
(d)     Required identification to change information and replace driver licenses and identification cards.
(1)     Name change. Any person who requests a replacement driver license or identification card in order to make a name change must comply with the primary and secondary identification requirements prescribed in OAC 595:10-1-3(b), and with OAC 595:10-1-35. The person requesting the name change must shall surrender to the motor license agent the license or card, if available, issued previous to the one being issued because of the name change.
(2)     Address change. Any person who requests a replacement driver license or identification card in order to make an address change must provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b). The person requesting the address change must surrender to the motor license agent the license or card, if available, issued previous to the one being issued because of the address change.
(3)     Endorsement or restriction change. Any person who requests a replacement driver license in order to change endorsement or restriction information on the license must provide both primary and secondary identification as prescribed in OAC 595:10-1-3(b) shall provide a DL-10 form issued by the Department, except for the removal of Restriction G. The person requesting the information change must shall surrender to the motor license agent the license, if available, issued previous to the one being issued because of the information change.
(e)     Permissible documents. Any document accepted must shall be either the original or a certified copy.
(f)     Unacceptable documents. Any document which has been or appears to have been duplicated, traced over, mutilated, defaced, tampered with or altered in any manner or that can not be read shall not be accepted or used for identification purposes.
595:10-1-51.  Operational procedures
(a)    The driver license computer, camera, laminator, and die cutter printer, and other hardware, software, and supplies used in the production of driver licenses and identification cards shall be used solely for the issuance of Oklahoma driver licenses or identification cards.
(b)    At the close of business each day, the agent must shall remove the validation plate from the camera and remove the camera head top "clam shell" and lock them it in a safe place and shall also destroy all used color print ribbon.
(c)    Only persons who have been issued a personal access code by the Department of Public Safety will shall be authorized to issue or make changes to the driver license licenses or identification cards. Agents shall not submit applications for personal access codes for employees who are not at least eighteen (18) years of age. Access Personal access codes will shall not be assigned to anyone under the age of eighteen (18). On and after the Commissioner's approval of this rule, each application for a personal access code submitted by an agent to the Department shall be given temporary approval to issue driver licenses and identification cards, pending an investigation of the applicant's state criminal records by the Department. The Department shall cancel the access code upon determination the person's criminal history does not warrant certification to issue driver licenses or identification cards. If no record is found within state criminal records, the temporarily approved applicant shall submit to a national criminal history records search, as defined by Section 150.9 of Title 74 of the Oklahoma Statutes, from the Oklahoma State Bureau of Investigation for that employee which shall be used to determine whether the employee is eligible for a personal access code. The Department shall cancel the access code upon determination the person's national criminal history does not warrant certification to issue driver licenses or identification cards. If no record is found within national criminal records, the applicant shall be given regular approval to issue driver licenses and identification cards. Personal access codes shall be kept confidential by the employee and agent. Access Personal access codes shall be used only by the recipient of person to whom the code has been assigned. New employees whose duties are intended to include the issuance of driver licenses and identification cards shall first apply for and receive a personal access code assigned by from the Department of Public Safety, Driver License Services Bureau as provided for in this subsection; provided, no employee shall be authorized to issue driver licenses and identifications cards unless approved by the Department and a personal access code has been issued to the employee. The agent shall be responsible for training new employees. The Department will may offer periodic training programs as needed. The agent will be responsible for the conduct of the employee.
(d)    Any substitution of equipment or alteration in the making of a driver license or identification card is prohibited by law, and may be subject to criminal prosecution. Licenses or cards must shall be made in accordance with specifications as determined by the Department. If they do not meet these specifications, the agent must or the employee shall not issue the license or card.
(e)    Reports shall be forwarded to the Driver License Services Bureau Division in accordance with the rules of the Oklahoma Tax Commission or as prescribed by law.
(f)    If the agency relocates, the agent shall immediately notify the Department of Public Safety in writing of the new address and telephone number.
(g)    In the event of loss, theft, or misuse of any of the equipment, supplies, or documents, the Department of Public Safety, Driver License Services Bureau Division, must shall be notified immediately by telephone at (405) 425-2034. In case of loss or theft the agent shall take an immediate inventory of all driver license documents on hand and list all missing items and equipment by number, when applicable. A copy of missing inventory, police investigation, and/or incident report shall be immediately forwarded to the Department of Public Safety, Driver License Services Bureau Division. In cases of misuse, the agent must immediately contact the Fraud Investigation Unit of the Department of Public Safety by telephone at (405) 425-2477. If the agent is unable to contact this unit, then the Driver License Services Bureau Division must be notified by telephone at the number listed above.
(h)    Agents are prohibited from accepting an altered driver license application (DL-10 form) or any other altered or unapproved document for the issuance of an Oklahoma driver license or identification card.
(i)    When an agency closes, any equipment, supplies, and documents issued to the agent by the Department of Public Safety must be accounted for and returned to the Department of Public Safety.
(j)    Each employee is to be made aware of the penalties for misuse of driver license documents or identification cards and any production of fraudulent and erroneous driver licenses or identification cards.
(k)    When it comes to the attention of the Department of Public Safety that any agent or an employee of an agency is in violation of any statute or rule or has committed any fraudulent act regarding the issuance of driver licenses or identification cards, after consultation with the Commissioner's office, the Director of the Driver License Services Bureau Division may notify the motor license agent, the Tax Commissioner, and the appointing senator that the access code number(s) may be canceled or suspended and/or the camera may be removed. In accordance with the Administrative Procedures Act, a hearing before the Commissioner or the Commissioner's designee will be offered, provided the Director of the Driver License Services Bureau Division is notified in writing within fifteen (15) days of receipt of notification. The issue at the hearing will be whether or not a violation occurred and the severity of the sanction which should be imposed.
(l)    The following changes or activities are not authorized at an agency without other authority:
(1)    Driver license number or identification card number, except when changing to a computer generated number,
(2)    Sex,
(3)    Eye color,
(4)    Race,
(5)    Date of birth,
(6)    Class of license,
(7)    Endorsement,
(8)    Extension of expiration on driver license or identification card,
(9)    Temporary receipt or authorization to drive for lost license while application is in process,
(10)    Lamination of items other than driver licenses and identification cards,
(11)    Taking photographs for other identification cards (for example: police, fire, sheriff, passport, etc.),
(1211)    Adding titles to names, such as Sheriff, Police Officer, Judge, Senator, Representative, Dr., Rev., Fireman, etc.,
(1312)    Adding addresses or information to indicate professional status on the face of the driver license or identification card such as JOHN DOE, OKLAHOMA HIGHWAY PATROL or ROBERT DOE, M.D. All addresses must be the legal mailing address [47 O.S. § 6-106],
(14)    Producing a driver license indicating "VALID WITHOUT PHOTO AND SIGNATURE,"
(1513)    Placing anything on a driver license or identification card, such as stickers of civic clubs, medical symbols, etc., except those approved by the Department of Public Safety,
(1614)    Producing more than one (1) driver license or identification card for the applicant at the time of application,
(1715)    Adding service charges to an application fee for any reason other than actual cost for telephone calls made for the applicant to obtain approval to issue the driver license or identification card, or
(1816)    Providing information from the driver license or identification card application to private businesses, government agencies, or persons other than the Department of Public Safety, unless authorized by the Department.
(m)    Motor license agents shall provide to each applicant the computer generated receipt which reflects payment for the transaction.
(n)    No documents shall be removed from the office of the motor license agent by anyone unless authorized by the Driver License Services Bureau Division. If this situation arises, telephone the bureau Division at (405) 425-2034 to obtain authority to comply with any request.
(o)    No use of erasers or correctional fluids on black border cards is allowed.
595:10-1-52.  Photographic procedures
(a)    In order to provide a photo photograph which clearly identifies the licensee or cardholder, photographs shall be of the applicant's head and shoulders the photograph shall show a full front view of the face, from the hairline to the neck, of the applicant who shall be looking straight ahead.
(1)    A photo photograph, which in the opinion of the Commissioner or his designee, distracts from the identification purpose, will shall not be allowed to appear on an Oklahoma driver license or identification card.
(2)    Objects, costumes and gestures are not permitted within the photograph.
(3)    Head coverings are not permitted in the photograph if the head covering:
(A)    obscures or obstructs a full front view of the face,
(B)    displays any:
(i)    logo,
(ii)    insignia, symbol, or regalia,
(iii)    word or words,
(iv)    letter, number, or character, or any combination thereof, or
(v)    graphic design, other than the overall pattern of the fabric or material, or
(C)    casts a shadow onto the face of the person.
(4)    Prescription or non-prescription sunglasses are not permitted.
(5)    Profile style photos photographs are not permitted.
(6)    Retaking of pictures because the applicant does not like the first one is not permitted when the photo clearly identifies the licensee.
(b)    Retakes of a photograph are permitted only at the time of making the license or card in order to obtain the correct photograph, as long as the agent or the agent's employee is still at the photograph-taking step in the procedure. Retakes of a photograph shall not be permitted at any other time in the issuance procedure, after the issuance procedure, or after the licensee or cardholder has left the agency. Retaking of photo is permitted for the following reasons:
(1)    Closed eyes
(2)    Data wrong
(3)    Card not signed
(4)    Color specification not as required
(5)    Camera problem.
(c)    Agencies shall not take an additional photo photograph of any applicant, licensee, or cardholder unless authorized by the Commissioner or his designee.
(d)    Applicants shall submit to the computer finger imaging process. Refusal shall result in not being issued a driver license. [47 O.S. § 6-110.2(A)]
(e)    Applicants shall sign and submit only their signature for a driver license or identification card. Nothing else may be added to the signature [47 O.S. §§ 6-111(A)(1) and 6-301(H)]. The driver license or identification card shall not be issued if the applicant refuses to sign the driver license or identification card.
(f)    Male applicants whose age is between 16 and 26 shall read the Selective Service statement, which shall appear on the signature pad. Signing and submitting their signature indicates agreement with the statement.
595:10-1-56.  Renewals Renewal of driver license or identification cards
(a)    If an applicant presents proper identification [see OAC 595:10-1-51 regarding identification documents required], the agent may accept the required remittance for the class of driver license or the identification card being issued, make any changes necessary that have been authorized and issue the driver license or identification card. The black border card shall be forwarded to the Driver License Services Division with their next reports. The agent shall view the expired and or expiring license or card, if not lost or destroyed. The agent shall attach the license or card to the black border card. A driver license that has been issued by another state must be surrendered; shall not be defaced in any manner, cannot be returned to the licensee, and must be forwarded to the Driver License Services Division. If the licensee presents an Oklahoma driver license or the card holder presents an Oklahoma identification card as a form of identification, the agent shall retain the license or card and return it to the Department with the agent's regular reports.
(b)    An applicant must furnish proper identification in order to renew the license or card [see OAC 595:10-1-51 regarding identification documents required]. The agent shall issue a license or card and receipt upon payment of the required fee. The agent shall retain the license or card, attach it to the black border card, and forward both to Driver License Services with the agent's reports.
(c)    An individual may make application for the renewal of their his or her license or card not more than six (6) months prior to the expiration date of the license or card. If the application for renewal occurs more than six (6) months prior to the expiration date, the agent shall notify the individual that the transaction must be treated as a replacement under the provisions of OAC 595:10-1-57. The agent shall attach retain the valid license to the black border card, or card and forward it to the Department with the agent's regular reports.
(dc)    An individual who makes application for renewal but whose license or card has been expired in excess of three (3) years shall be referred by the agent to a Driver License Examiner.
(ed)    Oklahoma licensees and card holders who are temporarily out of the state of Oklahoma and wish to renew or replace their Oklahoma license or identification card by mail must be may do so through any motor license agent. The motor license agent shall follow the procedures in OAC 595:10-1-12, 595:10-1-19, or 595:10-1-28, as applicable. Only digital driver license and identification cards shall be processed for renewal or replacement by a motor license agent. All other requests shall be referred to the Driver License Services Division of the Department of Public Safety. All license and cards shall be printed and mailed by the Department. All documentation relating to the renewal or replacement of a license or card by mail shall be forwarded to the Department with the agent's regular reports.
(fe)    Applicants Previous Oklahoma licensees and card holders. An individual who have has previously held an Oklahoma Class D driver license which has been surrendered to another state in exchange for the other state's license or who has previously held an Oklahoma identification card, may apply directly to a motor license agent for a replacement or renewal of the previous Oklahoma license or identification card, upon establishing Oklahoma residence. Surrendering the out of state license and following the applicable procedures are required for replacement or renewal. The Before attempting to issue a driver license under this subsection, the agent shall call the Driver License Services Division and request clearance to issue the license. The If clearance is not given, the person shall be informed to contact the state whose action is causing the clearance to be withheld. If the clearance is given by the Department, the applicant must person shall surrender the out of state license to the agent, and the agent shall issue the Oklahoma license. If the out of state license has been lost or destroyed, applicant must the person shall provide to the motor license agent a notarized affidavit of that fact. The agent shall attach retain the license or affidavit to the black border card, as applicable, and submit it to the Department with the agent's report. This procedure applies to class a Class D driver license or identification card only.
(f)    Class A, B & and C license applicants must licensees shall appear before a Driver License Examiner. Out of state driver license cannot be retained by the applicant.
595:10-1-57.  Replacement of driver license or identification card
(a)    When an individual requests replacement of his or her driver license or identification card, the agent must shall verify the identity of the applicant and the eligibility of the individual by contacting the Department. All replacement requests require proper identification, as required by OAC 595:10-1-18 for a driver license or OAC 595:10-1-27 for an identification card, and payment of the required fee.
(b)    A replacement driver license can may be issued to any individual whose driving privilege is not under suspension, revocation, disqualification, cancellation or denial.
(c)    The agent is required to shall offer the person the choice of a renewal or replacement license or card when the application is made within six (6) months of the expiration date of that the license or card.
(cd)    A replacement driver license or identification card may be issued to any individual who requests a name change, upon compliance with the primary and secondary identification requirements prescribed in OAC 595:10-1-3(b) and with OAC 595:10-1-35, or address change provided he or she pays the required fee.
(de)    The agent will shall forward the black border card and the old license or card, if not lost or destroyed, with their the agent's next report to the Driver License Services Division of the Department.
(ef)    Only four (4) replacement class D driver licenses shall be approved, per renewal period without clearance from the Department of Public Safety. All class A, B, and C replacement licenses require a clearance from the Driver License Examiner.
595:10-1-58.  Restrictions and endorsements on driver licenses
(a)    When a restriction or endorsement is required or changes to restrictions or endorsements are necessary, the applicant will be provided a DL-10 form by the Department, except for the removal of Restriction G, authorizing the issuance of a replacement, renewal or original license, whichever is applicable. The applicant shall surrender the DL-10 form to the agent.
(b)    Detail The details of a Restriction 8 will only appear only on the computer file at the Department of Public Safety. Contact the The Department should be contacted for information concerning this restriction.
(c)    The agent shall forward the black border card and the old driver license, if applicable, to the Driver License Services Division of the Department with the agent's semi-monthly regular reports.
595:10-1-64.  Identification cards card application and renewal
(a)    Anyone wishing to obtain an identification card may make application to a Driver License Examiner or, if the applicant has been issued a digital driver license for at least thirty (30) days, may appear before a motor license agent. For the process of obtaining and issuing an identification card, applicants and motor license agent shall follow the same rules as set forth in 595:10-1-25 through 595:10-1-27.
(b)    Motor license agents are required to shall process identification cards in the same manner as processing driver licenses.
(c)    Identification cards may be renewed, regardless of the expiration date, as long as the application is on file with the Department of Public Safety and proper identification is presented. Identification card renewals shall be processed as provided in 595:10-1-56.
PART 19.  DRIVER LICENSE AND IDENTIFICATION CARD CONTENT
595:10-1-91.  Information displayed on driver licenses
     Each driver license will display the following information about the person to whom the license was issued [47 O.S. §6-111(A)]:
(1)    color photo,
(2)    full legal name in the order [last], [first] [middle]. No initial shall be used unless the initial is the legal name of the person. If any abbreviation is required due to the length of the name, only the Department of Public Safety shall have authority to determine the abbreviation used,
(3)    mailing address,
(4)    signature,
(5)    sex,
(6)    date of birth,
(7)    weight,
(8)    height,
(9)    color of eyes,
(10)    driver license class,
(11)    driver license number,
(12)    driver license issue date,
(13)    driver license expiration date,
(14)    any driving restriction code(s) (if applicable),
(15)    any driver license endorsement(s) (if applicable),
(16)    date upon which the person reaches twenty-one (21) years of age and the words "UNDER 21" [47 O.S. §6-101.1(A)] (if applicable), and
(17)    organ donor indicator (if applicable).
595:10-1-93.  Information displayed on identification cards
     Each identification card will display the following information about the person to whom the card was issued [47 O.S. §6-111(A)]:
(1)    color photo,
(2)    full legal name in the order [last], [first] [middle]. No initial shall be used unless the initial is the legal name of the person. If any abbreviation is required due to the length of the name, only the Department of Public Safety shall have authority to determine the abbreviation used,
(3)    mailing address,
(4)    signature,
(5)    sex,
(6)    date of birth,
(7)    weight,
(8)    height,
(9)    color of eyes,
(10)    "ID" to indicate identification card,
(11)    identification card number,
(12)    identification card issue date,
(13)    identification card expiration date,
(14)    date upon which the person reaches twenty-one (21) years of age and the words "UNDER 21" [47 O.S. §6-101.1(A)] (if applicable), and
(15)    organ donor indicator (if applicable).
PART 15.  REVOCATION AND REINSTATEMENT OF DRIVER LICENSE
595:10-1-76.  Ignition interlock requirement for reinstatement
(a)    An ignition interlock is required to be installed, as provided for in this section, as a condition:
(1)    for a person classified as an excessive user as provided in OAC 595:10-5-12; or
(2)    for reinstatement if the driving privileges of the person were revoked for:
(A)    a second or subsequent conviction of driving under the influence of alcohol, as defined in of 47 O.S., § 11-902, A2 or A4, within five (5) years of a previous conviction for the same offense,
(B)    a second or subsequent conviction of aggravated driving under the influence of alcohol, as defined in 47 O.S., § 11-902, D, within five (5) years of a previous conviction for the same offense, or
(C)    a second or subsequent conviction of driving under the influence of alcohol when under twenty-one (21) years of age, as defined in 47 O.S., § 11-906.4, A1 or A3, within five (5) years of a previous conviction for the same offense.
(b)    Reinstatement from a revocation as enumerated in (a) and the granting of restricted driving privileges, if the person is otherwise eligible, with the issuance of a restricted driver license to the person if the person is otherwise eligible, requires the following:
(1)    Completion of the term of revocation;
(2)    Proof of installation of an ignition interlock device, as approved by the Board of Test for Alcohol and Drug Influence as prescribed in OAC 40:50-1-11, at the person's own expense on all vehicles operated by the person, including employers vehicles which the person would operate, unless exempted as provided in 47 O.S., § 6-212.3, B. The proof of installation shall be in writing from the vendor of the ignition interlock device;
(3)    If the employer does not approve the device being installed on company vehicles, the employer must request in writing to the Department that the device not be installed on company vehicles.
(A)    The request by the employer shall be on company letterhead stationary, signed by an officer or owner of the company and notarized. The letter shall list the person's name, license number, date of birth, and a description of each vehicle, along with the license plate number, the person will be operating. The letter must specifically request that the ignition interlock not be installed on each vehicle listed in the letter.
(B)    The person shall have a copy of the letter in his or her possession when operating the employer's vehicles, and shall present the letter to any law enforcement officer upon request by the officer;
(4)    Satisfactory completion of all other statutory requirements for reinstatement, including payment of all statutory fees, including the cost of replacement driver license, if issued; and
(5)    If the person is classified as an excessive user of alcohol, he or she shall be required to meet all requirements set out in the Medical Aspects of Driver Licensing [see OAC 595:10-5 regarding medical aspects] for persons so classified, including complete abstinence from all alcohol and other intoxicating substances for a minimum of twelve (12) months immediately preceding application for reinstatement.
(c)    The period, commencing on the date the person is reinstated, for which the ignition interlock is required shall be six (6) months.
(1)    If the records of the Department show multiple revocations which require the ignition interlock restriction for both six (6) months and twelve (12) months, then the twelve-month requirement shall take precedence, and the person shall be bound by the provisions of OAC 595:10-5-12.
(2)    The ignition interlock requirement set out in this section shall run concurrently with any court order in effect at the time of reinstatement limiting the person to operation of motor vehicles equipped with the ignition interlock device. The requirements of any court and the requirements of the Department's restriction shall function independently of each other.
(d)    Each vendor of ignition interlock devices shall submit a report to the Department within 48 hours after the vendor confirms a violation pursuant to (2) of this subsection. The report shall be in writing from the vendor, and the vendor may fax, email, mail, or otherwise deliver a copy of the report to the Department in a manner and method prescribed by the Department. No other reports shall be sent by the vendor to the Department, unless specifically requested by the Department.
(1)    The Department may revoke the person's driving privilege as provided in 47 O.S., § 6-113, C, or § 6-212.3, G, for a period of six (6) months, or as provided in OAC 595:10-5-12, as applicable, upon receipt of a report from an ignition interlock vendor showing the person:
(A)    has attempted to operate the vehicle or did operate the vehicle with a breath alcohol level of eight one-hundredths (.08) or more, if the person is twenty-one (21) years of age or older,
(B)    has attempted to operate the vehicle or did operate the vehicle with a breath alcohol level of two one-hundredths (.02) or more, if the person is less than twenty-one (21) years of age, or
(C)    has committed any violation as defined by OAC 40:50-1-1(uu). The Department of Public Safety adopts by reference OAC 40:50-1-1 pertaining definitions of violations related to ignition interlock devices.
(2)    The person will be sent an Order of Revocation in accordance with 47 O.S., § 2-116. The Order will advise the person of the reason for the revocation, the time period of the revocation, the requirements for reinstatement, and the statutory authorities.
(3)    Upon eligibility for reinstatement for the revocation required under this subsection, the person shall be required to begin the period requiring the ignition interlock device without credit for the time the device was previously installed as a required condition for the previous reinstatement.
(e)    Removal of the ignition interlock device and restricted driving privileges, and the issuance of an unrestricted driver license, if the person is otherwise eligible requires the following:
(1)    The person shall successfully complete the six-month period of interlock devise installation, and if no further revocation has occurred pursuant to (d), the restriction requiring the interlock device shall be removed from the person's driving record. The person may have the device removed from all vehicles so equipped, unless otherwise required by any court order. The person shall provide the vendor with proof of removal of the ignition interlock device restriction. Such proof may be correspondence from the Department stating the restriction has been removed or a Motor Vehicle Report issued by the Department reflecting no ignition interlock device restriction; and
(2)    Satisfactory completion of all other statutory requirements including payment of the statutory fee for the cost of a replacement driver license, if issued.
SUBCHAPTER 3.  Examination
595:10-3-9.  Skills examination
(a)     In general. The skills examination shall only be administered after the applicant has successfully passed the knowledge test, or had it waived if eligible, and the vision test. Whenever a skills examination is required, the following general conditions shall apply:
(1)    The skills examination shall start at a designated location and shall include an actual demonstration of the applicant's ability to exercise ordinary and reasonable control in the operation of a motor vehicle. Applicants shall furnish the type of vehicle required for the skills examination necessary for the class of driver license requested. A vehicle used for a Class A, B, or C skills examination not equipped with air brakes will be required to have driving restriction code "V" (Vehicle without air brakes) placed on the license of the applicant.
(2)    The skills examination shall not be administered in a vehicle:
(A)    transporting hazardous materials or a vehicle which is required to be placarded for hazardous materials,
(B)    which requires an oversize permit under the laws of this state or the rules of the Department of Public Safety,
(C)    which was not designed and constructed by the manufacturer with a seating capacity for one or more persons in addition to the driver,
(D)    which is not insured as required by 47 O.S. §7-600 et seq.,
(E)    which does not have a current license plate,
(F)    which is saddle mounted, or
(G)    which is a wrecker vehicle towing another vehicle.
(b)     Scoring of examination. The scoring procedure will be on a cumulative deduction system based on poor driving practices. The Commissioner or the Commissioner's representative shall determine a point value for each improper driving act.
(c)     Content of examination for Class D driver license. The skills examination shall include, but not be limited to, the following maneuvers:
(A)    Starting,
(B)    Backing (excluding two-wheel vehicles),
(C)    Parallel parking (excluding commercial motor vehicles over 26,001 pounds GVWR and two-wheel vehicles),
(D)    Hill parking (excluding two-wheel vehicles),
(E)    Starting on hill (excluding two-wheel vehicles),
(F)    Intersection movement and observance,
(G)    Lane observance and changing,
(H)    Left and right turns,
(I)    Pedestrian and vehicle right-of-way,
(J)    Proper use of automatic transmission or clutch gear (excluding two-wheel vehicles),
(K)    Use of brake and accelerator, and
(L)    Traffic lights or signals.
(5)    The skills examination will not be conducted when examination route roadways are considered by the examiner to be slick or hazardous due to inclement weather.
(6)    Criteria for a skills examination are as follows:
(A)    Starting: To determine if the individual is familiar with the vehicle's controls and proper use, and to determine the individual's skill and ability to move the vehicle from a parking space or parking lot into the traffic lane.
(B)    Backing: To determine the individual's ability to control vehicle while backing.
(C)    Parallel parking: To determine the proficiency an individual has attained in coordinating judgment, skill, and ability to park a vehicle and drive away from a designated area, and to maneuver the vehicle in close quarters.
(D)    Hill parking (stopping and starting): To determine if the individual has the ability to park a vehicle on an incline in a safe manner and leave that position in a safe manner.
(E)    Transmission (automatic or standard): To determine if the individual has the coordination and ability necessary for reasonable control of the vehicle.
(F)    Brakes: To determine the individual's skill and physical ability in the proper usage of the brake(s).
(G)    Control of speed: To determine the speed the individual maintains relative to speed limits and other traffic.
(H)    Gap selection: To determine whether the individual exercises proper judgment when entering or leaving the roadway, when turning or crossing an intersection, or when changing lanes.
(I)    Driver alertness: To determine whether the individual observes and is aware of situations and circumstances which play an important part in safe driving.
(J)    Right-of-way: To determine the individual's knowledge of right-of-way and the ability to react properly, and to determine whether an individual shares the road properly with other drivers and pedestrians.
(K)    Legal stop: To determine whether the individual observes, understands, and obeys stop signs and traffic signals.
(L)    Traffic lights or signs: To determine whether the individual sees, understands, and obeys traffic lights and other signs.
(M)    Signals: To determine whether the individual gives the proper signal when driving away from the curb, changing lanes, or turning.
(N)    Lane usage: To determine whether the individual has the knowledge and ability to use lanes properly.
(O)    Observation: To determine whether the individual observes those things which are necessary for safe driving.
(P)    Final Park: To determine the individual's ability to park the vehicle at the conclusion of the skills examination in a manner compatible with safe driving practices and statutory requirements.
(Q)    Left turn items scored:
(i)    Cuts corner on approach.
(ii)    Cuts corner on lane entry.
(iii)    Turns into the wrong lane (does not affect other traffic).
(iv)    Turns from wrong lane (does not affect other traffic).
(v)    Turns wheels while stopped, waiting to make turn.
(vi)    Too wide on lane entry.
(vii)    Fail to signal turn for at least 100 feet before turning.
(viii)    Fail to approach turn in the proper lane.
(R)    Right turn items scored:
(i)    Too wide on approach.
(ii)    Too wide on lane entry.
(iii)    Turns from wrong lane (does not affect other traffic).
(iv)    Turns into wrong lane (does not affect other traffic).
(v)    Bumps, scrapes, or climbs curb.
(vii)    Fail to signal turn for at least 100 feet before turning.
(viii)    Fail to approach turn in the proper lane.
(S)    Passenger vehicles other than school buses or vehicles transporting passengers for hire are not required to stop at a railroad crossing.
(7)    Disqualifications are as follows:
(A)    Collision with an object or a person.
(B)    Violation of traffic laws.
(C)    Collision prevented by defensive driving on the part of another driver, or evasive or defensive action taken by a pedestrian. An act which interferes with other vehicles or pedestrians, or otherwise could be considered an act or action that endangers lives or property shall constitute immediate failure.
(D)    Action that results in damage to a vehicle or vehicles or property, or personal injury.
(E)    Applicant's refusal to attempt to comply with the examiner's instruction.
(F)    Examiner must aid in controlling the vehicle physically or by voice command.
(G)    An applicant offers a bribe or gratuity.
(H)    Applicant is unable or fails to operate the controls needed for the inspection of the vehicle.
(d)     Content of examination for Class A, B, or C commercial driver license. The skills examination shall be conducted in conformance with 49 C.F.R., Section 383. The following actions by the applicant during the skills examination shall result in the applicant being disqualified from retaking the examination for one week.:
(1)    a collision with an object or a person;
(2)    any violation of traffic laws;
(3)    a potential collision which is prevented by defensive driving on the part of another driver or by evasive or defensive actions taken by a pedestrian;
(4)    an act which interferes with another vehicle or a pedestrian or which otherwise could be considered an act or action that endangers life or property;
(4)    an action that results in damage to any vehicle or property or in personal injury;
(5)    the refusal by an applicant to attempt to comply with the instructions of the examiner;
(6)    an action requiring the examiner to aid in controlling the vehicle either physically or by voice command;
(7)    an applicant offering a bribe or gratuity to the examiner; or
(8)    the inability or failure of the applicant to operate the controls needed for the inspection of the vehicle.
(e)     Retesting.
(1)    Applicants who fail the skills examination for a driver license or the motorcycle endorsement may be granted the opportunity to retest following a minimum waiting period of one (1) week. When an applicant fails to qualify for a Class A, B, C, or D license after three (3) skills examination attempts, he or she will be required to obtain a restricted driver license, restricting the individual to operating a motor vehicle while accompanied by a qualified licensed driver in the front seat, before another skills examination will be administered.
(2)    The Department shall conduct the skills examination for the holder of a restricted Class A, B, or C commercial driver license not more than three (3) times during the first one hundred eighty (180) days after the date of issuance of the restricted license and not more than one (1) time every ninety (90) days thereafter at the request of the restricted licensee [47 O.S. § 6-101(F)(2)].
(3)    The Department shall conduct the skills examination for the holder of a restricted Class D driver license not more than three (3) times, each time at least seven (7) days apart or as instructed by the examiner, beginning thirty (30) days from the date of issuance of the restricted license. Should the restricted licensee fail the third examination, the licensee shall wait ninety (90) thirty (30) days before being given another skills examination by the Department. The fourth and subsequent examinations shall be given not more than one (1) time every ninety (90) thirty (30) days thereafter at the request of the restricted licensee.
(4)    In computing any time period prescribed by this subsection, the day of the failed examination from which the designated period of time begins to run shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
(f)     Minimum waiting period for examination. The holder of a restricted driver license will not be eligible to have a skills examination administered until after a minimum of thirty (30) days following the issuance of such license, provided the applicant is at least sixteen (16) years of age. However, the holder of a restricted Class A, B or C commercial driver license, restricting the holder to being accompanied by a licensed driver twenty-one (21) years of age or older holding a valid license for the class of vehicle being driven, may have the thirty-day waiting time waived, provided the holder of such restricted license is currently receiving instruction or has completed the driver training program conducted by a commercial truck driver education school licensed by the Department, a school bus driver education course conducted by the State Department of Education, or a truck driver training course offered by the Oklahoma Department of Career and Technology Education. Evidence of course completion or evidence the applicant is currently receiving instruction is required. In computing the 30-day time period prescribed by this subsection, the day on which the restricted driver license is issued shall not be included. The last day of the period computed shall be included, unless it is not a working day, in which event the period runs until the end of the next working day.
(g)     Skills examination for severely handicapped. Any severely handicapped individual, who has completed the standard skills examination and not been disqualified, will continue to drive an extended route, as provided in this subsection, in order to evaluate the operation of special equipment that may be required because of the handicap.
(1)    The extended skills examination will be at least thirty (30) minutes long, making the total examination at least forty-five (45) minutes in duration. However, the individual may be given a four-minute rest stop midway through the examination.
(2)    The extended skills examination will consist of interstate, expressway, or highway driving, or a combination of such driving situations, where possible so that a better evaluation may be rendered. Key points in this portion of the skills examination are as follows:
(A)    Proper usage of acceleration and deceleration lanes,
(B)    Lane usage,
(C)    Highway speed control,
(D)    Reaction to larger vehicles and fast traffic, and
(E)    Use of special control devices.
(3)    If the individual fails to adequately perform on the extended portion of the examination, at the discretion of the driver examiner, the individual will be notified when he or she is eligible to return for the next examination.
(h)     Substitute for skills examination. A skills examination may be waived for a licensee when one of the following requirements is met:
(1)    The licensee is the holder of a valid commercial driver license from one of the fifty (50) states, the District of Columbia, or a Canadian province.
(2)    The licensee is a fireman or an active member of a branch of the military, provided the person for the two (2) years immediately preceding application for a commercial driver license [49 C.F.R. Parts 383 and 391];
(A)    can show, with proper documentation, that he or she has operated a representative class vehicle,
(B)    certifies that he or she has not been licensed by more than one jurisdiction at the same time,
(C)    certifies that he or she has not had any suspension, revocation, cancellation, denial, or disqualifications of driving privileges in the two (2) years immediately preceding application,
(D)    has not been convicted of any major disqualifying offense, as defined in 47 O.S. § 6-205.2,
(E)    has not been convicted more than once of a serious traffic offense, as defined in 47 O.S. § 6-205.2, regardless of type of vehicle the offense occurred in, and
(F)    certifies that he or she has not been involved in any collision in which he or she was recorded as being at fault.
(3)    The licensee is applying for a Class D driver license, provided all established requirements for a Class D license have been satisfied, and the licensee is licensed at the time of application by one of the fifty (50) states, by the District of Columbia, by a Canadian province, or by another country; provided, the current driver examination requirements of the country must be on file with the Department and must meet or exceed the standards, specifications, and requirements of the Department as set out in this Subchapter [47 O.S. § 6-110(A)(2)] .
(4)    The licensee:
(A)    has enrolled in and successfully completed a course taught by an instructor certified by the Motorcycle Safety Foundation and using the Motorcycle Safety Foundation curriculum, and
(B)    submits to the Department at the time of application for a motorcycle endorsement a Motorcycle RiderCourse® or an Experienced RiderCourse® completion card filled out by the certified instructor [47 O.S. §6-101(D)].
(i)     Exemption from skills examination. Any current licensee who is changing from a Class D driver license to a Class C commercial driver license with a hazardous materials endorsement is not required to take a skills examination unless the vehicle is equipped with air brakes.
SUBCHAPTER 5.  Medical Aspects
595:10-5-12.  Alcohol and/or other intoxicating substance abuse
(a)     Informal interview. When a person's record on file with the Department of Public Safety indicates two suspensions and/or revocations occurring within any five-year period for any of, or any combination of, the following, not arising out of the same transaction or incident, the person may be advised, in writing, to appear for an informal interview before a representative of the Department of Public Safety:
(1)    A conviction in any court for driving or being in actual physical control of a motor vehicle while under the influence of alcohol or any other intoxicating substance or the combined influence of alcohol and any other intoxicating substance.
(2)    A revocation for refusal to submit to a breath, blood or other test or tests for determining concentration of alcohol or other intoxicating substance [47 O.S. §§ 6-205.1 and 753].
(3)    A revocation for an alcohol concentration which exceeds the legal limit [see 47 O.S. §§6-205.1 and 754 regarding the legal alcohol concentration limit].
(4)    A conviction in any court for driving while impaired.
(b)     Interview.
(1)    When an interview is conducted, the purpose will be to review the driving record of the person and to explain the Department's guidelines relative to alcohol and/or other intoxicating substance abuse. The interview will be conducted in person or by telephone. The person will be advised that, should his or her driving record ever reflect three or more suspensions and/or revocations as set forth in (a) of this Section, occurring within any five-year period and resulting from any incidents, the Department will classify the person as an excessive user and inimical to public safety. The absence of an interview shall not prevent action on the person's privilege to drive.
(2)    In the event the person's driving record does reflect a third suspension or revocation within in any five-year period resulting from any incident or combination of incidents set forth in (a) of this Section, the person will be classified as an excessive user and inimical to public safety. The Department may advise the person, in writing, that before future consideration will be given regarding the return of the driving privilege, the person must keep the alcohol and/or other intoxicating substance problem completely under control for one year preceding application for reinstatement of driving privileges. Once this has been accomplished the person must appear for an interview before a representative of the Department for consideration to determine whether returning of the driving privilege is consistent with public safety.
(A)    If at the time of the interview it appears the person has had the alcohol and/or other intoxicating substance problem under control for one year and does not have another ailment which would prohibit driving, three or more notarized affidavits will be furnished by the person to the Department to confirm the control issue. These affidavits shall be completed by responsible citizens who know the person well, such as the current spouse, an A.A. sponsor, the current employer, a law enforcement officer, or a physician, psychiatrist, or psychologist. The Department may also require the person to furnish an assessment of alcohol or substance abuse by a psychologist or substance abuse rehabilitation counselor.
(B)    When the person is otherwise eligible for reinstatement and, after investigation of the character, habits, and driving ability of such person, the Department is satisfied it will be consistent with public safety to grant the privilege of driving a motor vehicle, a restricted driver license may be issued to the person, provided all statutory requirements are met.
(i)    The person must continue to abstain from the use of all alcohol and/or other intoxicating substances during the period driving privileges are granted under a restricted driver license. At the discretion of the Commissioner, each time the restricted driver license is reviewed, the licensee shall appear in person before a representative of the Department and be provided an informal interview on the issue of abstention. On or after September 1, 2005, any person who becomes classified as an excessive user or any person previously classified who violates the restricted driver license program shall be required to provide proof of installation of an ignition interlock device at the person's own expense, approved by the Board of Test for Alcohol and Drug Influence as prescribed in OAC 40:50-1-11, on all vehicles operated by the person, including employers vehicles which the person would operate unless the person meets the employee/employer's exceptions noted in 47 O.S., § 6-212.3,B. The period, commencing on the date the person is reinstated, for which the ignition interlock is required shall be twelve (12) months. If the employer does not approve the device being installed on company vehicles, the employer must request in writing that the device not be installed on company vehicles.
(I)    The request by the employer shall be on company letterhead stationary, signed by an officer or owner of the company and notarized. The letter shall list the employee's name, license number, date of birth, and a description of the vehicles the employee will be operating, along with the tag number evidencing the vehicle is company owned. The letter must specifically request that the ignition interlock not be installed on these vehicles.
(II)    The employee shall have a copy of the letter in their possession when operating the employer's vehicles, and shall present the letter to any law enforcement officer they come into contact with.
(ii)    The restricted driver license instructs any law enforcement officer to forward a report of an alcohol or other intoxicating substance related incident to the Department. The licensee shall drive with a restricted driver license for a minimum of two (2) years.
(iii)    If the restricted driver license is withdrawn for use of alcohol and/or other intoxicating substance incidents or committed any violation as defined by OAC 40:50-1-1(uu), the licensee shall not be considered for a second issuance until satisfactory proof is shown once again that the person has gone one (1) year with the alcohol and/or other intoxicating substance abuse problem under control. At the time of reinstatement the person will again be required to comply with the installation of an ignition interlock device as provided in paragraph (i) above.
(iv)    When two restricted driver licenses have been withdrawn for subsequent alcohol or other intoxicating substance incidents or committed any violation as defined by OAC 40:50-1-1(uu), before the licensee can be considered for a third restricted driver license, proof must be shown that the problem has been under control for eighteen (18) months. In addition, verification of successful completion of a rehabilitation program at an approved treatment center will be required. At the time of reinstatement he the person will again be required to comply with the installation of an ignition interlock device as provided in paragraph (i) above.
(3)    As used in this subsection, the term "control" means complete abstinence from the use of alcohol and/or other intoxicating substance for a minimum of one year.
(c)     Reinstatement.
(1)    Removal of the ignition interlock device and restricted driving privileges, and the issuance of an unrestricted driver license, if the person is otherwise eligible requires the following:
(A)    The person shall successfully complete the twelve-month period of interlock devise installation, and if no further withdrawal of driving privileges has occurred pursuant to (b), the restriction requiring the interlock device shall be removed from the person's driving record. The person may have the device removed from all vehicles so equipped, unless otherwise required by any court order The person shall provide the vendor with proof of removal of the ignition interlock device restriction. Such proof may be correspondence from the Department stating the restriction has been removed or a Motor Vehicle Report issued by the Department reflecting no ignition interlock device restriction; and
(B)    Satisfactory completion of all other statutory requirements including payment of the statutory fee for the cost of a replacement driver license, if issued.
(2)    In the event a person who has been classified as an excessive user becomes a legal resident of another state or driver license jurisdiction, the person may be considered for reinstatement provided the following criteria is met:
(1A)    An affidavit is furnished to the Driver Improvement Division of the Department stating the licensee is a permanent resident of another state or driver license jurisdiction, and has abstained from the use of alcohol or other intoxicating substance for a minimum of one year,
(2B)    A psychologist or drug rehabilitation counselor must submit a report based on an assessment performed within the last sixty (60) days indicating:
(Ai)    the person is successfully dealing with the alcohol/substance abuse problem; and
(Bii)    it is the counselor's opinion that the person would be a reasonable or safe risk to operate a motor vehicle and
(3C)    All statutory requirements regarding reinstatement have been met including but not limited to the installation of an ignition interlock as provided in paragraph B(i) above.
(d)     Denial of driving privileges. Any person failing to meet the requirements for a restricted driver license shall be denied driving privileges pursuant to 47 O.S. § 6-103.
[OAR Docket #06-1234; filed 7-20-06]

TITLE 595.  Department of Public Safety
CHAPTER 25.  Wreckers and Towing Services
[OAR Docket #06-1235]
RULEMAKING ACTION:
PERMANENT final adoption.
RULES:
Subchapter 3. Wrecker License
595:25-3-1. General requirements [AMENDED]
595:25-3-2. Applications [AMENDED]
Subchapter 5. All Wrecker Operators
595:25-5-1. Physical requirements for storage facility [AMENDED]
Subchapter 7. Class AA Operators
595:25-7-1. Equipment requirements for all Class AA vehicles [AMENDED]
Subchapter 9. Oklahoma Highway Patrol Rotation Log - Additional Requirements
595:25-9-2. Operator requirements [AMENDED]
AUTHORITY:
Commissioner of Public Safety; 47 O.S. § 952
DATES:
Comment Period:
February 15, 2006, through March 21, 2006
Public Hearing:
March 21, 2006
Adoption:
March 28, 2006
Submitted to Governor:
March 29, 2006
Submitted to House:
March 29, 2006
Submitted to Senate:
March 29, 2006
Gubernatorial approval:
May 11, 2006
Legislative approval:
Failure of the Legislature to disapprove the rules resulted in approval on May 24, 2006.
Final Adoption:
May 24, 2006
Effective:
August 25, 2006
SUPERSEDED EMERGENCY ACTIONS:
n/a
INCORPORATIONS BY REFERENCE:
n/a
ANALYSIS:
Amendments to 595:25-3-1 would clarify storage facility requirements. Amendments to 595:25-3-2 would clarify application procedures. Amendments to 595:25-5-1 would clarify requirements of storage facilities. Amendments to 595:25-7-1 would clarify the use of roll-back wrecker vehicles. Amendments to 595:25-9-2 would clarify requirements of wrecker vehicle operators.
The proposed actions are amendments to existing rules.
The circumstances which created the need for these rules are to clarify procedures and improve the working environment of the wrecker and towing services as well as to ensure the safety and protect the property of the motoring public of Oklahoma.
The intended effect of this rule is to allow the Department of Public Safety to perform its duties as required or authorized by law.
CONTACT PERSON:
David W. Beatty, Administrative Rules Liaison, Department of Public Safety, 3600 N. M.L. King Ave., P.O. Box 11415, Oklahoma City, OK 73136-0415. Phone: (405) 425-2024. Email: dbeatty@dps.state.ok.us.
PURSUANT TO THE ACTIONS DESCRIBED HEREIN, THE FOLLOWING RULES ARE CONSIDERED FINALLY ADOPTED AS SET FORTH IN 75 O.S., SECTION 308.1(A), WITH AN EFFECTIVE DATE OF AUGUST 25, 2006:
SUBCHAPTER 3.  Wrecker License
595:25-3-1.  General requirements
     The following are the requirements for obtaining a wrecker license:
(1)     License required. No operator as defined by law, regardless of storage location, shall operate a wrecker vehicle upon any public street, road or highway of this state for the offering to tow vehicles or to transport property or the actual towing of vehicles or transporting of property without first obtaining from the Department a license as provided in this Chapter. Any wrecker vehicle being operated on any public street, road, highway or turnpike in violation of Oklahoma law or these rules may be removed from service by Oklahoma law enforcement officers.
(2)     Display and use. An operator's wrecker service license shall be personal to the holder thereof and a wrecker vehicle license shall be unique to the vehicle. Each license shall be issued only to a person, a corporation or some definite legal entity. The licenses are non-transferable and any change in ownership, whether of a wrecker service or wrecker vehicle, shall cancel the applicable license. The wrecker service license shall be conspicuously displayed at the primary place of business. The license shall be valid only at the place of business as shown on the license. Additional or satellite places of business shall not be permitted or approved on the same license but shall require a separate application and license.
(3)     Reason for application. No showing of public convenience or necessity need to be made in support of an application for a wrecker or towing license.
(4)     Issuance. No license for operation of a wrecker or towing service shall be issued until:
(A)    Certificates of insurance as prescribed by the Department are on file with the Department, and
(B)    Each wrecker vehicle has been inspected by an officer of the Department to verify that equipment requirements of this Chapter have been met.
(5)     Carry license. A copy of the wrecker vehicle license issued by the Department shall be carried at all times in the wrecker vehicle for which the license was issued.
(6)     Return license to Department. Any wrecker operator that disposes of or deletes any wrecker vehicle from operation shall return the license issued for that particular vehicle to the Department of Public Safety.
(7)     Additional wreckers. Any wrecker operator that adds a wrecker vehicle shall:
(A)    Notify the Department of the make, model and serial number of the vehicle.
(B)    Send notification to the Department from the insurance carrier of the wrecker operator that the vehicle has been added to present insurance coverage.
(C)    Have the vehicle inspected and approved by an employee of the Department.
(8)     Sticker required on each vehicle. Each wrecker vehicle which is used by an operator in pulling or towing a vehicle shall display in the lower right hand corner of the windshield a valid sticker furnished by the Department indicating the classification of wrecker service.
(9)     License number.
(A)    The wrecker license number issued to the operator by the Department for the operation of a wrecker or towing service, along with the name of the wrecker service, shall be clearly visible at all times and shall be conspicuously displayed and vertically centered on each side of every vehicle used by the operator in the wrecker or towing service.
(B)    On wrecker vehicles in use on or before July 14, 2002, the wrecker license number shall be at least two inches (2") in height. On wrecker vehicles put into use on or after July 15, 2002, the number and business name shall be at least three inches (3") in height.
(C)    The signage required by this paragraph shall be permanent in nature and shall not contain any misleading or false information. Magnetic signs are not approved; provided, if requested of and approved by the Director, a magnetic sign may be used for a period of thirty (30) days in an emergency situation.
(10)     Service of notice. Any notice required by law or by the rules of the Department served upon any holder of a wrecker or towing license shall be served personally or mailed to the last known address of such person as reflected by the records on file with the Department. It is the duty of every holder of a certificate or license to notify the Department of Public Safety, Wrecker Services Division, in writing as to any change in the address of such person or of the place of business.
(11)     License prohibited. Any person who, within the previous five (5) years, has been released from incarceration under the custody of the Department of Corrections, or one of its contractors, or the equivalent state agency in another state or has been convicted in any court of law for larceny or any felony by a preponderance of the evidence shall not be licensed, nor shall any operator employ any person or continue to employ any person who has been convicted of such offense within the previous five (5) years. Any person who has been charged with, on or after July 15, 2005, any of the following crimes and who has been convicted pursuant to a pleading of guilty or no contest to said charge, regardless of the sentence imposed, shall not own or be employed in any capacity by any licensed wrecker service in the state of Oklahoma:
(A)    any felony or misdemeanor crime involving dishonesty, including but not limited to burglary, larceny, fraud, or forgery,
(B)    any felony crime of violence upon a human being, or
(C)    any felony drug offense as defined in Title 63 of the Oklahoma Statutes.
(12)     Itemized statement. All wrecker operators shall develop and maintain for each vehicle towed or serviced an itemized statement [see OAC 595:25-5-5(b) regarding records] and shall furnish the owner, or the agent of the owner, of each vehicle with an itemized statement, and a bill or invoice of the towing and storage charges incurred, which shall include, but not be limited to, the beginning and ending times of service and the beginning and ending mileage of the wrecker vehicle or vehicles used for the service. The itemized statement may be listed on the bill or invoice or may be listed separately but shall, in any case, be provided to the owner or agent.
(13)     One Class AA license per place of business. Wrecker operators shall be issued no more than one Class AA wrecker license for any one place of business.
(14)     One Class AA wrecker service on Oklahoma Highway Patrol's rotation log in same rotation area. An operator shall be permitted to rotate no more than one Class AA wrecker service in the same Highway Patrol rotation area on the Highway Patrol's rotation log. For purposes of this paragraph, "Class AA wrecker service" shall include those services with a Class AA-TL wrecker vehicle.
(15)     Business telephone number. Each wrecker service shall have a local business telephone number published in the local telephone directory. The telephone number published shall be a number that is accessible to the public twenty-four hours a day.
SUBCHAPTER 5.  All Wrecker Operators
595:25-5-2.  Equipment requirements for all vehicles
(a)    Each wrecker which is used by an operator in the performance of a wrecker or towing service shall be equipped with the following items:
(1)    One (1) or more dry chemical, B.C. rating, fire extinguisher having a minimum of ten pounds (10 lbs.) total capacity, which shall be mounted and readily accessible.
(2)    At least one (1) amber rotating or flashing light, visible from 360 degrees or on a lightbar, and approved by an officer of the Department. The amber rotating light is for use only at the scene of an emergency or where a traffic hazard exists and there is the necessity to warn approaching vehicles, such as at a routine vehicle pickup [47 O.S. §12-227(C)]. Wreckers presently approved will not be required to have lights of another color replaced with an amber light until such time as the present lights become defective to the point of needing replacement, at which time it shall be replaced with an amber light. Any wrecker service approved after April 27, 1990, shall be required to have the amber light. Any wrecker vehicle approved after July 15, 2004, shall be required to have the amber rotating or flashing light or light bar permanently mounted on each wrecker. In addition to the required amber rotating light, the wrecker may be equipped with a red or blue flashing light, or a combination of red and blue flashing lights, for use only at the scene of an emergency [47 O.S. §12-227(C)]; provided, on any wrecker vehicle approved after July 15, 2005, the red or blue light, or the combination of red and blue flashing lights, shall be on a separate switch from the amber light. Under no circumstances are any of the rotating or flashing red or blue lights intended for use when traveling on the streets or highways [47 O.S. §12-227(C)]. White rotating lights are not authorized under Oklahoma statutes.
(3)    Two (2) chains of sufficient grade to assist in securing the towed vehicle; one (1) push-type broom; one (1) shovel; one (1) set of tire chains, mud and snow tires or other device to assist wrecker to maintain traction in mud, snow or ice.
(4)    Warning devices, applicable to trucks as required in 47 O.S. § 12-407, capable of protecting the scene of a collision by day or night.
(5)    Wreckers must be equipped to operate a towed vehicle's stop, turn and clearance lights (if applicable), or be equipped with a light bar or other lighting equipment to provide the highway lighting requirements for vehicles. When used, the light bar or tow lights shall be affixed securely to the towed vehicle to assure a minimum of movement while traveling on the highway and to prevent any damage to the towed vehicle.
(6)    Two (2) safety chains or wheel straps of sufficient capacity to keep the towed vehicle attached to the wrecker in the event of disengagement.
(b)    When a wrecker dolly is used as the lift or towing device, both the wrecker dolly and the wrecker shall first be approved and licensed as a unit by the Department. In addition to the requirements in (a) of this Section for all wreckers, a wrecker dolly towing vehicle shall also be equipped at a minimum with the following:
(1)    A ball or pintle hook of sufficient size and capacity to safely control the wrecker dolly, securely fastened to the appropriate frame member of the wrecker.
(2)    Two safety chains of sufficient capacity to keep the wrecker dolly attached to the wrecker in the event of hitch failure.
595:25-5-3.  Operation
     All operators using the public roads and highways within the State of Oklahoma shall comply with the following:
(1)    All operators shall require each driver of a wrecker vehicle be proficient in the operation thereof, and be properly licensed for the type vehicle operated.
(2)    No operator shall knowingly permit any operator of a wrecker vehicle to consume beer, wine, intoxicating beverages, drugs or other stimulants or depressants while subject to call nor knowingly permit any operator to come on duty after having inhaled or consumed any such beverage, drug or other stimulants or depressants.
(3)    No operator shall, within the previous five (5) years:
(A)    have an unpardoned conviction for larceny or any felony nor knowingly employ any person with such record, or
(B)    have been released from incarceration under the custody of the Department of Corrections, or one of its contractors, or the equivalent state agency in another state.
(4)    No operator shall proceed to the scene of a collision or traffic tie-up without being requested to do so by a law enforcement agency or the owner or driver of a vehicle involved.
(5)    Any operator traveling on the roads and highways of the State of Oklahoma during the normal course of his business may, upon arriving at the scene of a collision or traffic tie-up, stop and assist in rendering emergency aid. However, the operator shall not solicit business directly or indirectly from the owner or drivers at the scene.
(6)    An operator at the scene of a collision or traffic tie-up is subject to the same traffic-control directions issued by an officer to the motoring public.
(7)    An operator shall not use the rotating or flashing light while traveling on the roadway en route to any location. The use of the flashing or rotating light is authorized only in the vicinity of hook-up or at the scene of a collision to protect the scene and the vehicle involved.
(8)    Each operator must be a person of good moral character and reputation in his community, as determined by the Commissioner of Public Safety, and conduct the operation of the storage facilities and towing service in a responsible manner so as not to endanger the public safety of persons or property of others in the custody of the operator.
(9)    No operator shall tow a vehicle when the combined weight of the wrecker vehicle and the wrecker supported weight of the towed vehicle exceeds the factory gross vehicle weight rating of the wrecker vehicle, regardless of the weight for which the wrecker vehicle is licensed.
(10)    No wrecker service shall suspend or abandon said service without prior written notice to this Department of such intent and returning of all wrecker licenses issued.
(11)    Wrecker services shall comply with 47 O.S. § 11-1110(C).
(12)    Except in those instances when a roll-back or other special equipment is specifically requested by the law enforcement agency, a wrecker operator shall respond to law enforcement agencies' wrecker service requests with a wrecker vehicle and operator capable of efficiently uprighting an overturned vehicle, pulling or winching a vehicle back onto the roadway, lifting a vehicle off of a victim, or assisting with opening a vehicle to extricate a victim. In addition, the wrecker vehicle shall be equipped to remove a disabled vehicle without inflicting further damage to the disabled vehicle.
(13)    Upon payment of the reasonable cost of removal, and storage of a stored vehicle, whether stored at the request of law enforcement or a private property owner and recorded by the wrecker service as provided in OAC 595:25-5-5(b), the vehicle shall be released to:
(A)    the owner, upon presentation of evidence of ownership which is satisfactory to the wrecker operator and required by 47 O.S. § 904, such as a certificate of title or registration, or written verification from a local law enforcement agency as to the identity of the owner;
(B)    a person representing the owner, upon presentation of the certificate of title, a notarized letter from the owner permitting said person to act in behalf of the owner, and proper personal identification, such as a driver license, of the representative, or written verification from a local law enforcement agency as to the identity of the person representing the owner;
(C)    an individual with possessory interest in the vehicle, upon presentation of an agreement with the owner of the vehicle giving that individual a present possessory interest in the vehicle;
(D)    a lienholder or a duly authorized agent of a lienholder, upon presentation of evidence satisfactory to the wrecker operator that the lienholder has a present possessory interest in the vehicle; or
(E)    the insurer of or the insurer accepting liability for or purchasing a motor vehicle as provided in 47 O.S., Section 904, 953.1, or 953.2.
(14)    Personal property, which shall include everything in a stored vehicle except the vehicle and its factory-installed equipment, shall be released, upon request, to the owner or owner's representative, upon showing of proof as described in (13) of this section, without the requirement that the owner or owner's representative pay towing and storage fees owing the wrecker service as a condition of release of the personal property. The owner or owner's representative shall be required to comply with any city or county regulation or ordinance requiring the payment of fees due to the city or county. The wrecker service may assess and collect lawful fees, such as after hours fees or subcontractor fees but other than towing and storage fees, as a condition of release ot personal property to the owner or owner's representative. Wrecker operators shall allow the vehicle owner or owner's representative to have access to the vehicle for the sole purpose of retrieving ownership documentation, such as title or registration.
(15)    If two or more vehicles are involved in a collision and two or more wrecker services are called the following shall apply:
(A)    The first wrecker service arriving at the scene will tow the vehicle causing the greatest traffic hazard, which shall be determined by the investigating officer.
(B)    If a requested wrecker service is first on the scene, said wrecker service will assist in removing the vehicle causing the traffic hazard from roadway, then will proceed to pick up the vehicle it has been requested to tow.
(16)    Wrecker operators shall not call hazardous materials remediation companies unless at the direction of the vehicle owner or a governmental agency.
595:25-5-4.  Insurance
(a)     Liability for operator's negligent acts. Each operator, from the time of movement of or otherwise making contact with any vehicle to be towed, may be liable for injury to persons, damage to property, fire or theft resulting from the operator's negligent acts.
(b)     Insurance policy. Each operator shall maintain a valid insurance policy issued by a surety or an insurance company currently authorized to issue policies of insurance covering risks in the State of Oklahoma. The insurance policy shall protect the public against loss of life, bodily injury to person, and damage to property in the following amounts:
(1)     Class General or Class AA.
(A)    Bodily Injury and Property Damage - Not less than One Hundred Thousand Dollars ($100,000.00) combined single limit coverage for bodily injury and/or property damage as a result of the operation of the wrecker vehicle and/or as a result of the on-hook vehicle causing the bodily injury and/or property damage.
(B)    Garagekeeper's Legal Liability - Not less than Fifty Thousand Dollars ($50,000.00) in Garagekeeper's Legal Liability with a deductible no greater than five hundred dollars ($500.00), which must include comprehensive perils and collision to the towed vehicle under the care, custody, and control of while being stored by the wrecker operator. Any General class wrecker service which does not have storage facilities shall be exempt from the provisions of this subparagraph.
(C)    On-Hook or In-Tow - Not less than Fifty Thousand Dollars ($50,000.00) in On-Hook or In-Tow Coverage with a deductible no greater than Five Hundred Dollars ($500.00), which must include comprehensive perils and collision to the towed vehicle while it is being towed by the wrecker operator.
(2)     Class AA-TM.
(A)    Bodily Injury and Property Damage - Not less than Two Hundred Thousand Dollars ($200,000.00) combined single limit coverage for bodily injury and/or property damage as a result of the operation of the wrecker vehicle and/or as a result of the on-hook vehicle causing the bodily injury and/or property damage.
(B)    Garagekeeper's Legal Liability - Not less than One Hundred Thousand Dollars ($100,000.00) in Garagekeeper's Legal Liability with a deductible no greater than five hundred dollars ($500.00), which must include comprehensive perils and collision to the towed vehicle under the care, custody, and control of while being stored by the wrecker operator.
(C)    On-Hook or In-Tow - Not less than One Hundred Thousand Dollars ($100,000.00) in On-Hook or In-Tow Coverage with a deductible no greater than Five Hundred Dollars ($500.00), which must include comprehensive perils and collision to the towed vehicle while it is being towed by the wrecker operator.
(3)     Class AA-TL.
(A)    Bodily Injury and Property Damage - Not less than Three Hundred Thousand Dollars ($300,000.00) combined single limit coverage for bodily injury and/or property damage as a result of the operation of the wrecker vehicle and/or as a result of the on-hook vehicle causing the bodily injury and/or property damage.
(B)    Garagekeeper's Legal Liability - Not less than One Hundred Fifty Thousand Dollars ($150,000.00) in Garagekeeper's Legal Liability with a deductible no greater than five hundred dollars ($500.00), which must include comprehensive perils and collision to the towed vehicle under the care, custody, and control of while being stored by the wrecker operator.
(C)    On-Hook or In-Tow - Not less than One Hundred Fifty Thousand Dollars ($150,000.00) in On-Hook or In-Tow Coverage with a deductible no greater than Five Hundred Dollars ($500.00), which must include comprehensive perils and collision to the towed vehicle while it is being towed by the wrecker operator.
(4)     All Wrecker Classes. Bailee Coverage - Not less than Two Thousand Five Hundred Dollars ($2,500.00) for loss of contents of the vehicle with a deductible not greater than Five Hundred Dollars ($500.00).
(c)     Judgment. Any final judgment rendered by a court of competent jurisdiction against a wrecker service or an owner or employee thereof, arising out of any services provided by the operator of or any employee of the wrecker service, including towing or storage of towed vehicles, must be satisfied within thirty (30) days. If such judgment is not timely satisfied, the wrecker license shall be revoked and such revocation shall remain in effect until the judgment is satisfied. Provided, however, a release or written agreement signed by the judgment creditor and approved by the Department shall reinstate eligibility. Provided, if judgment is covered by insurance up to the amount and to the extent required in the rules, this Subsection shall not apply.
(d)     Carrier certification. The insurance company of each wrecker service shall certify to the Department on a form prescribed by the Department that the insurance company will notify the Department in writing at least ten (10) days before the date the company cancels such policy.
(e)     Insurance information. An operator shall provide contact and other pertinent information regarding the insurance company and policy covering the wrecker service to any person who might be eligible to file a claim against the operator's insurance policy.
SUBCHAPTER 9.  Oklahoma Highway Patrol Rotation Log - Additional Requirements
595:25-9-1.  Oklahoma Highway Patrol Rotation Log
(a)     Official Rotation Log. The Department of Public Safety maintains two (2) official Oklahoma Highway Patrol Rotation Logs, a Class AA wrecker log and a Class AA-TL wrecker log, each of which shall consist of licensed wrecker services for the performance of services carried out pursuant to the request of or at the direction of any officer of the Department [47 O.S. §952(D)].
(b)     Request for placement on the Rotation Log. A licensed Class AA wrecker service desiring to be placed on the Highway Patrol Rotation Log in the Highway Patrol Troop District in which the place of business and the primary storage facility of the wrecker service is located shall file a written request with the Department, pursuant to (e) of this Section. In addition, the wrecker service may file a separate written request, pursuant to (e) of this Section, for placement on the Rotation Log in another Troop District adjacent to the Troop District in which the place of business and the primary storage facility of the wrecker service is located, if the wrecker service is in proximity to and within a reasonable radius of the boundary of the other Troop District, as determined by the Director of the Wrecker Services Division of the Department in consultation with the Troop Commander of the other Troop District. [47 O.S. §952(D)]
(c)     Assignment to the Rotation Log. If a request for placement on the Rotation Log is approved by the Department, the wrecker service shall be assigned by the Department to the Highway Patrol Troop District specified on the request. Both the Troop Commander of the Troop District and the wrecker service will be notified by the Department of the assignment of the wrecker service to the Rotation Log. [47 O.S. §952(D)]
(d)     Geographical areas of rotation. [47 O.S. §955(B)]
(1)    The Director of the Wrecker Services Division shall be responsible for establishing geographical areas of rotation within the Troop District to which wrecker services on the District's Rotation Log will be assigned for operation when responding to calls for service from the Rotation Log. The Director shall notify each wrecker service of the geographical area of rotation to which it is assigned.
(2)    The Director will establish each geographical area of rotation based upon a reasonable radius from the primary storage facility of each wrecker service operating within the geographical area. The reasonable radius will be determined by the Director based upon:
(A)    the estimated time it will take the wrecker service to respond to calls for service,
(B)    the number of wrecker services available on the Rotation Log,
(C)    conformity with 47 O.S. §955(B),
(D)    consideration of the economic impact of the wrecker services fees and charges [see 47 O.S. §953.1 regarding maximum fees and charges for wrecker services] on the owner or lienholder of the vehicle; and
(E)    other factors within the Troop District as deemed appropriate by the Director.
(3)    The Director may overlap geographical areas of rotation whenever necessary to ensure adequate response to requests for wrecker services.
(4)    The Director may modify geographical areas of rotation for the Troop District at any time and for just cause, but shall notify as soon as practicable each wrecker service affected of such modifications.
(5)    The Director may extend any geographical area of rotation by a reasonable radius beyond the boundaries of the Troop District to include on the rotation log of the District a wrecker service:
(A)    which is located outside of but in proximity to the boundary of the District, and
(B)    upon receiving notification from the Department of the approval of the wrecker service for placement on the rotation log for the District of the Commander.
(6)    Nothing in this Section shall prohibit the Troop Commander from using the services of any licensed wrecker service:
(A)    outside of its assigned geographical area of rotation, or
(B)    which has not been assigned to the Rotation Log of the Troop District.
(e)     Forms. A request for placement on any rotation log shall be filed by the wrecker service with the Department of Public Safety on a form prescribed and provided by the Department [47 O.S. §952(D)]. The wrecker service shall provide on the request one (1) telephone number to be used for request of services during the day and one (1) telephone number to be used for request of services during the night, specifying the time period of normal use; these numbers shall also be on file with the Wrecker Services Division. Any change in the telephone numbers shall be immediately transmitted to:
(1)    the Troop Commander(s) of the Oklahoma Highway Patrol Troop District(s) on whose Rotation Log the wrecker service has been assigned, and
(2)    the Wrecker Services Division of the Department of Public Safety.
SUBCHAPTER 11.  Denial, Suspension, Revocation or Cancellation of License; Denial or Removal of Class Aa Operators From Rotation Log of the Oklahoma Highway Patrol
595:25-11-3.  Procedure
     In the event that the Department has determined that a license should be denied, suspended, revoked or canceled, or that an operator should be denied or removed from the Rotation Log for any reason, or both, the following procedures shall apply in accordance with the Administrative Procedures Act, 75 O.S. § 309, et seq.
(1)    The Department shall send by certified first-class mail, return receipt requested, Notice of Department Action containing all information required by 75 O.S. § 309, et seq., to the concerned applicant or operator at the last known address as reflected by the records of the Department. The Department shall follow up the mailed Notice with a documented telephone call to the telephone number on file with the Department for the wrecker service to ensure the wrecker service has received and understands the Notice.
(2)    The notice shall provide that the Department action shall become effective fifteen (15) days after receipt thereof by date of mailing to the applicant or operator, unless the applicant or operator timely files a written request for a hearing with the Department of Public Safety, Wrecker Services Division. Such request shall be timely when filed prior to the effective date of the Department Action.
(3)    If a timely hearing is requested, the hearing shall be scheduled not less than seven (7) days nor more than fifteen (15) days from the date the Department receives the request.
(4)    The Department hearing officer shall be designated by the Commissioner, and each party shall be afforded an opportunity to be heard and to present evidence.
(5)    The hearing officer shall render a decision based upon the law and the evidence presented and shall enter an appropriate final order regarding the matter. Each party shall be promptly notified either personally or by mail.
(6)    Unless the hearing officer timely receives a written request for a rehearing, reopening or reconsideration of the decision as provided by the Administrative Procedures Act, the final order will become effective ten (10) days after the entry of the decision.
(7)    If an applicant operator fails to appear at the scheduled hearing without good cause, the hearing officer shall record the nonappearance and enter a final order reflecting the effective date prescribed in (2) of this Subsection, in lieu of the decision and final order as prescribed in (5) and (6) of this Subsection. Each party shall be promptly notified thereof either personally or by mail.
(8)    If the Department representative fails to appear without good cause, the hearing officer shall record the nonappearance and enter a final order of dismissal of the Department Actions, The order of dismissal shall be without prejudice if the basis for the action constitutes noncompliance or a continuing violation of these rules. Each party shall be promptly notified thereof either personally or by mail.
(9)    Where a timely written request for a rehearing, reopening or reconsideration of the case is received, the Department Action shall be stayed until ten (10) days after an order is issued concerning the request for rehearing, reopening or reconsideration of the case.
(10)    Notwithstanding (2) through (9) of this Subsection, Department Action shall become effective immediately where:
(A)    An original application for a license or placement on the Rotation Log is denied for failure to qualify under this Chapter.
(B)    The Department finds that the health, safety, or welfare of the public imperatively requires such action and finding to that effect is incorporated in its order, pursuant to the Administrative Procedures Act, 75 O.S. § 314(c).
(11)    Where the Department has determined that a minor disqualification and/or violation exists which may be readily rectified by the applicant or operator, the Department of Public Safety may informally notify such party by mail or telephone of such minor disqualification or violation, with a request for compliance with a specified period of time. If such party fails to rectify the minor disqualification or violation, the Department may proceed according to other provisions of this Subchapter.
[OAR Docket #06-1235; filed 7-20-06]